Wenzel v. Klamath County Fire District No.1 et al
| James L. Wenzel |
| Klamath County Fire District No. 1, Board of Directors of Klamath County Fire District No. 1, Stephen Robert Hedlund and Jim Toddy |
| 1:2015cv01371 |
| July 22, 2015 |
| US District Court for the District of Oregon |
| Medford (1) Office |
| Ann L Aiken |
| Civil Rights: Employment |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 26, 2019. A more recent docket listing may be available from PACER.
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Filing 280
Notice of Settlement and Dismissal of Appeal Filed by James L. Wenzel. (Ford, Karen)
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Filing 279
Notice of Appeal as to Defendant Hedlund Filed by James L. Wenzel. (Ford, Karen) Modified on 2/25/2019 (jkm). Incorrect event selected Attorney emailed to refile using correct event.
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Filing 278
JUDGMENT. On October 5, 2018, the jury reached a verdict in this case #265 . Consistent with that verdict, judgment is hereby entered in favor of Defendant Stephen Hedlund on all relevant claims. Following the return of the verdict, Plaintiff James Wenzel and Defendants Klamath County Fire District No. 1 and Jim Toddy reached a settlement agreement #277 . Pursuant to that agreement, all claims as to Defendants Klamath County Fire District No. 1 and Jim Toddy are hereby DISMISSED with prejudice and without an award of costs or attorney fees. All pending motions are therefore MOOT. Signed on 1/24/2019 by Judge Ann L. Aiken. (ck)
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Filing 277
Notice of Settlement re KCFD1 and Toddy Filed by James L. Wenzel. (Attachments: #1 Proposed Order) (Ford, Karen)
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Filing 276
Brief re Damages. Filed by Klamath County Fire District No. 1. (Mersereau, Barrett)
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Filing 275
Scheduling Order by Judge Ann L. Aiken. Defendant Klamath County Fire District No. 1 may file a response brief, due by 11/8/2018. The Court will not accept any further submissions unless specifically requested. Ordered by Judge Ann L. Aiken. (ck)
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Filing 274
Response to Motion to Strike #271 . Filed by James L. Wenzel. (Ford, Karen)
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Filing 273
Response to Memorandum re Damages and to Motion to Strike #271 . Filed by James L. Wenzel. (Ford, Karen)
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Filing 272
Objection(s) to #270 Declaration of Mersereau. Filed by James L. Wenzel. (Ford, Karen)
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Filing 271
Motion to Strike . Filed by Klamath County Fire District No. 1. (Mersereau, Barrett)
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Filing 270
Declaration of Barrett C. Mersereau in support of brief re Damages. Filed by Klamath County Fire District No. 1. (Mersereau, Barrett)
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Filing 269
Brief re Damages. Filed by Klamath County Fire District No. 1. (Mersereau, Barrett)
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Filing 268
Declaration of Ford ISO MPA re entry of Judgment. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by James L. Wenzel. (Related document(s): Memorandum in Opposition #267 .) (Ford, Karen)
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Filing 267
Memorandum in Opposition re Entry of Judgment. Filed by James L. Wenzel. (Ford, Karen)
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Filing 266
Clerk's List of Exhibits & Witnesses. (ck)
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Filing 265
Jury Verdict. (ck)
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Filing 264
Jury Verdict Unredacted Version Filed Under Seal . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) (ck)
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Filing 263
MINUTES of Proceedings: Jury Trial Day 8 - completed - before Judge Ann L. Aiken. The Court hears argument on form of verdict. Jury instructed, bailiffs sworn. Jury begins deliberations. ORDER: 8 juror lunches provided from Paisan's Pizzeria & Bistro during deliberations. Jury returns verdict. See Formal Verdict. Plaintiff and defendant KCFD No. 1 are ordered to file simultaneous briefing as to election of damages by 10/22/2018. The parties are ordered to retain their exhibits. See Order to Retain Custody of Exhibits #261 . Karen Ford present as counsel for plaintiff. Brett Mersereau, Bernard Moore present as counsel for defendants. Court Reporter: Deborah Cook. (ck)
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Filing 261
Order to Retain Custody of Exhibits. Signed on 10/4/2018 by Judge Ann L. Aiken. (ck)
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Filing 262
MINUTES of Proceedings: Jury Trial Day 7 before Judge Ann L. Aiken. The Court does not allow Defendant Hedlund Exhibit no. 334. Evidence adduced and witnesses sworn. (Defendant Hedlund Witnesses: James Louis Wenzel, Stephen Robert Hedlund). See, Clerk's List of Exhibits and Witnesses for exhibits offered and received. The parties rest. Defendant Hedlund makes offer of proof of exhibit no. 334 which is accepted. Defendants moved separately for directed verdict. Defendant Toddy's motion for directed verdict is granted. Defendant Hedlund's motion for directed verdict is taken under advisement. Defendants move to strike the claim for punitive damages. Motion is denied. Defendant Hedlund's motion for lack of causal connection is denied with leave to renew. Defendant Hedlund's motion for directed verdict as to liability is reserved for further briefing. Defendant KCFD's motion for directed verdict as to good faith and fair dealing is taken under advisement. All other motions for directed verdict are denied. Conference held as to Jury Instructions. Closing arguments held. Jury trial is continued to 10/4/2018. Karen Ford present as counsel for plaintiff. Brett Mersereau, Bernard Moore present as counsel for defendants. Court Reporter: Deborah Cook. (ck)
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Filing 260
MINUTES of Proceedings: Jury Trial Day 6 before Judge Ann L. Aiken. Evidence adduced and witnesses sworn. (Defendants KCFD no. 1 and Jim Toddy Witnesses: Thomas Bruce Morehouse, Shane Malone, Justin Poe, James Toddy, Thomas Charles Ludlow, Daniel Riblett, Phillip Hull). (Defendant Hedlund Witnesses: Charles Akin Blitz, James Louis Wenzel, Stephen Robert Hedlund). See, Clerk's List of Exhibits and Witnesses for exhibits offered and received. Jury trial is continued to 10/3/2018. Karen Ford present as counsel for plaintiff. Brett Mersereau, Bernard Moore present as counsel for defendants. Court Reporter: Deborah Cook. (ck)
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Filing 259
MINUTES of Proceedings: Jury Trial Day 5 before Judge Ann L. Aiken. Plaintiff's Emergency Motion To Exclude Proposed Evidence #253 is GRANTED in PART. The Court rules that the proposed exhibits are untimely, but leaves open the possibility of using the late exhibits for impeachment. Defendant Hedlund moves for a mistrial. Court denies oral motion, but allows Hedlund to recall plaintiff as a witness. Evidence adduced and witnesses sworn. (Plaintiff Witnesses: Gloria May Storey, John William Spradley). (Defendants KCFD no. 1 and Jim Toddy Witnesses: Dennis Lee, Stacy Michelle Brainard). The Court receives plaintiff exhibits 402, 403, 405, 406, 407, 408, 409, 410, 411, and 412. See, Clerk's List of Exhibits and Witnesses for exhibits offered and received. Jury trial is continued to 10/2/2018. Karen Ford present as counsel for plaintiff. Brett Mersereau, Bernard Moore present as counsel for defendants. Court Reporter: Deborah Cook. (ck) Modified on 10/2/2018 by adding trial continued language. (ck)
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Filing 258
Supplemental Declaration of Ford ISO Motion to Exclude. Filed by James L. Wenzel. (Related document(s): Motion - Miscellaneous #253 .) (Ford, Karen)
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Filing 257
Declaration of Wenzel ISO Motion to Exclude. Filed by James L. Wenzel. (Related document(s): Motion - Miscellaneous #253 .) (Ford, Karen)
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Filing 256
Supplemental Exhibit List . Filed by Stephen Robert Hedlund. (Attachments: #1 Exhibit 336, #2 Exhibit 337) (Moore, Bernard)
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Filing 255
Supplemental Proposed Jury Instructions . Filed by Stephen Robert Hedlund. (Moore, Bernard)
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Filing 254
Objection(s) to #218 Jury instructions - Proposed . Filed by Stephen Robert Hedlund. (Moore, Bernard)
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Filing 253
Emergency Motion To Exclude Proposed Evidence. Expedited Hearing requested. Filed by James L. Wenzel. (Attachments: #1 Exhibit Declaration of Counsel ISO Motion to Exclude) (Ford, Karen)
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Filing 252
MINUTES of Proceedings: Jury Trial Day 4 before Judge Ann L. Aiken. Evidence adduced and witnesses sworn. (Plaintiff Witnesses: Jill Goldsmith, Terry Koepper). Plaintiff reads excerpts from the deposition of Gloria Storey. (Defendants KCFD no. 1 and Jim Toddy Witnesses: William Charles Gorley, Robert G. Moody, Jr., Denny Roberts). Plaintiff Exhibit no. 254 is deemed admitted. Court takes Defendant Hedlund Exhibit no. 334 under advisement. See, Clerk's List of Exhibits and Witnesses for exhibits offered and received. Jury trial is continued to 10/1/2018. Karen Ford present as counsel for plaintiff. Brett Mersereau, Bernard Moore present as counsel for defendants. Court Reporter: Kristi Anderson. (ck)
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Filing 251
MINUTES of Proceedings: Jury Trial Day 3 before Judge Ann L. Aiken. Evidence adduced and witnesses sworn. (Plaintiff Witnesses: James Louis Wenzel, Ricci Joseph Zombeck, Jill Goldsmith). See, Clerk's List of Exhibits and Witnesses for exhibits offered and received. Jury trial is continued to 9/27/2018. Karen Ford present as counsel for plaintiff. Brett Mersereau, Bernard Moore present as counsel for defendants. Court Reporter: Kristi Anderson. (ck)
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Filing 250
MINUTES of Proceedings: Jury Trial Day 2 before Judge Ann L. Aiken. Evidence adduced. (Plaintiff Witness: James Louis Wenzel). Plaintiff Exhibit no. 193 is deemed admitted. See, Clerk's List of Exhibits and Witnesses for exhibits offered and received. Jury Trial is continued to 9/26/2018. Karen Ford present as counsel for plaintiff. Brett Mersereau, Bernard Moore present as counsel for defendants. Court Reporter: Kristi Anderson. (ck)
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Filing 249
MINUTES of Proceedings: First Day of Jury Trial before Judge Ann L. Aiken. The venire panel was sworn by the Clerk. Voir dire held. The Jury panel was seated and sworn by the Clerk. Opening Statements were given by the Plaintiff and Defendants. Evidence adduced and witness sworn. (Plaintiff Witness: James Louis Wenzel). See, Clerk's List of Exhibits and Witnesses for exhibits offered and received. Jury trial is continued to 9/25/2018. Karen Ford present as counsel for plaintiff. Brett Mersereau, Bernard Moore present as counsel for defendants. Court Reporter: Kristi Anderson. (ck)
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Filing 247
Response to objection to evidence by KCFD Toddy. Filed by James L. Wenzel. (Ford, Karen)
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Filing 246
Second Objection to Trial Exhibit #241 Exhibits . Filed by Board of Directors of Klamath County Fire District No. 1, Klamath County Fire District No. 1, Jim Toddy. (Mersereau, Barrett)
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Filing 245
Amended Exhibit List . Filed by Board of Directors of Klamath County Fire District No. 1, Klamath County Fire District No. 1, Jim Toddy. (Mersereau, Barrett)
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Filing 244
Amended Exhibit List updated by Plaintiff. Filed by James L. Wenzel. (Ford, Karen)
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Filing 243
Response to Hedlund Objection to Summary Exhibits. Filed by James L. Wenzel. (Attachments: #1 Exhibit 176 Timeline, #2 Exhibit 177 Lost Income) (Ford, Karen)
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Filing 242
Objection(s) to Plaintiff's Proposed Exhibits. Filed by Stephen Robert Hedlund. (Moore, Bernard)
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Filing 241
Exhibits Submission of Summary Exhibits. Filed by James L. Wenzel. (Ford, Karen)
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Filing 240
Notice of Replacement of Exhibits Filed by James L. Wenzel. (Ford, Karen)
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Filing 248
MINUTES of Proceedings: Settlement Conference held. Case does not settle. Karen Ford present as counsel for plaintiff. Bernard Moore and Brett Merserau present as counsel for defendants. Magistrate Judge Mark D. Clarke presiding. (rsm) Modified on 9/24/2018 (rsm) to change to correct date.
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Filing 239
ORDER: Plaintiff's Motion for Reconsideration or Clarification #236 is DENIED. The Court has reviewed Plaintiff's filings and offers the following clarification to its previous minute order: Plaintiff may present evidence and argument that he believed the staff reduction proposal was unlawful, a violation of law, and/or a violation of contract. As discussed at the pretrial conference, the Court will not permit a "trial within a trial" concerning whether the proposal was actually illegal. The Court has determined that its other rulings were sufficiently clear. Ordered by Judge Ann L. Aiken. (ck)
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Filing 238
Transcript Designation and Order Form for the hearing held on 9/4/2018 before Judge A Aiken. Court Reporter: Denise Zito Smith. . Filed by James L. Wenzel. (Ford, Karen)
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Filing 237
Declaration of Ford ISO Motion for Reconsideration or Clarification. Filed by James L. Wenzel. (Related document(s): Motion - Miscellaneous #236 .) (Ford, Karen)
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Filing 236
Motion for Reconsideration or Clarification Minute Order September 5 2018. Expedited Hearing requested. Filed by James L. Wenzel. (Ford, Karen)
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Filing 235
MINUTES of Proceedings: Pretrial Conference held before Judge Ann L. Aiken. The Court rules on Motion in Limine #204 as follows: Motion 1 and Motion 3 are GRANTED. In regards to Motion 2: No testimony that the staff reduction proposal was "illegal" is permitted, but the parties may say that it was a violation of the contract. The Court rules on Motion in Limine #215 as follows: Motion 1 is GRANTED and the exclusion of witnesses includes Yvette Wenzel. Motion 2 and Motion 3 are GRANTED. In regards to Motion 4: The Court defers ruling pending specific objections during trial, which should be made outside of the presence of the jury. In regards to Motion 5: No finding as a matter of law that the Toddy Report itself was a public record or that it was publicly disclosed. The parties are not permitted to submit letters from counsel that were part of discovery disputes in the course of this litigation. The Court rules on Motion in Limine #221 as follows: In regards to Motion 1: The protective order will continue, but the Court will not exclude members of the public or the media from the courtroom during discussion of the Toddy Report. In regards to Motion 2: Evidence concerning damage to Plaintiff's reputation will be permitted, but the exhibits concerning Plaintiff's personal finances (Exhibits 331, 332, 333, 334) are excluded. In regards to Motion 3: No finding as a matter of law that the Toddy Report itself was a public record or that it was publicly disclosed. Parties are not permitted to submit letters from counsel that were part of discovery disputes in the course of this litigation. In regards to Motion 4: Improper character evidence will not be permitted in the course of witness testimony, although evidence of Wenzel's reputation and performance as fire chief are permitted. In regards to Motion 5: Court defers ruling pending specific objections. In regards to Motion 6: The Toddy Report has been admitted as an exhibit and will be discussed during trial. The Court defers ruling on limitations concerning use of the Toddy Report in trial, pending specific objections. Motion 7 is GRANTED. The Court finds that Defendants' witnesses were timely disclosed and Plaintiff's objections are overruled. The Court excludes exhibits 193, 198, 235, pages 100-102 of exhibit 250 (which may be cured by submission of a redacted version), 331, 332, 333, 334, 404 and 405. Exhibit 311 is withdrawn. Exhibit 223 is conditionally received as a demonstrative exhibit provided Klamath County Fire District submits a new exhibit that includes the underlying financial information. The new exhibit will also be received. Voir Dire will follow the standard Oregon jury questionnaire. Jury instructions and verdict forms will be resolved as trial proceeds. All parties may play video or recordings during opening statements. The parties are permitted to prepare one copy of the received exhibits for circulation to the jury during trial. The parties are strongly encouraged to use the Court's exhibit projection system for the sake of clarity, efficiency, and reduced cost. The Court orders that the Plaintiff will be allowed 4 peremptory challenges and the Defendants will be allowed 2 each. The Court will allow taking witnesses out of order as needed, specifically hearing 3 of Klamath County Fire District's witnesses on Thursday, 9/27/2018. Karen Ford present as counsel for Plaintiff. Brett Mersereau, Bernard Moore present as counsel for Defendant(s). (Court Reporter Denise Zito Smith.) (ck)
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Filing 234
MINUTES of Proceedings: A partial Settlement Conference held. The Settlement Conference is continued to 9/11/2018 at 10:00AM in Medford before Magistrate Judge Mark D. Clarke. The plaintiff and plaintiff's counsel to meet with Judge Clarke. Judge Clarke will report to defense counsel after the hearing. Karen Ford present as counsel for plaintiff. Bernard Moore and Barrrett Merserau present as counsel for defendants. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 233
Reply re motion in limine 2 to Motion in limine by Plaintiff #221 . Filed by James L. Wenzel. (Ford, Karen)
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Filing 232
Response by Plaintiffs to Motion in limine #215 , Motion in limine #204 . Filed by James L. Wenzel. (Ford, Karen)
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Filing 231
Objection to Trial Exhibit #228 Objection to Trial Exhibit response to objections to trial exhibits by Defendants. Filed by James L. Wenzel. (Ford, Karen)
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Filing 230
Response to Motion in limine by Plaintiff #221 . Filed by Stephen Robert Hedlund. (Moore, Bernard)
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Filing 229
Objection(s) to #227 Objection Response to Plaintiff's Witness Objections. Filed by Klamath County Fire District No. 1, Jim Toddy. (Mersereau, Barrett)
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Filing 228
Objection to Trial Exhibit . Filed by Board of Directors of Klamath County Fire District No. 1, Jim Toddy. (Mersereau, Barrett)
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Filing 227
Objection(s) to witnesses and testimony. Filed by James L. Wenzel. (Ford, Karen)
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Filing 226
Objection(s) to exhibits. Filed by James L. Wenzel. (Attachments: #1 Exhibit Declaration of Counsel in support of objections) (Ford, Karen)
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Filing 225
Objection to Trial Exhibit . Filed by Stephen Robert Hedlund. (Moore, Bernard)
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Filing 224
Notice re Exhibit List #217 of renumbering Filed by James L. Wenzel. (Related document(s): Exhibit List #217 .) (Ford, Karen)
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Filing 223
Trial Memorandum by Plaintiff. Filed by James L. Wenzel. (Ford, Karen)
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Filing 222
Witness List and Summary by Plaintiff. Filed by James L. Wenzel. (Ford, Karen)
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Filing 221
Motion in limine by Plaintiff. Filed by James L. Wenzel. (Ford, Karen)
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Filing 220
Voir Dire by Plaintiff. Filed by James L. Wenzel. (Ford, Karen)
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Filing 219
Proposed Jury Verdict Formby Plaintiff. Filed by James L. Wenzel. (Ford, Karen)
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Filing 218
Proposed Jury Instructions by Plaintiff. Filed by James L. Wenzel. (Ford, Karen)
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Filing 217
Exhibit List by Plaintiffs. Filed by James L. Wenzel. (Ford, Karen)
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Filing 216
MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. The Court grants the Unopposed Motion for Extension of Time to File Pretrial Documents #201 . Pretrial Documents are due by 8/27/2018. The Court orders the parties to submit their contested exhibits to the Court by 10:00AM on 8/30/2018. Karen Ford present as counsel for plaintiff. Brett Mersereau, Bernard Moore present as counsel for defendant(s). Court Reporter: Sara Wilson. (ck)
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Filing 215
Motion in limine . Oral Argument requested. Filed by Klamath County Fire District No. 1, Jim Toddy. (Mersereau, Barrett)
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Filing 214
Witness Statement . Filed by Klamath County Fire District No. 1, Jim Toddy. (Mersereau, Barrett)
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Filing 213
Trial Memorandum . Filed by Klamath County Fire District No. 1, Jim Toddy. (Mersereau, Barrett)
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Filing 212
Voir Dire . Filed by Klamath County Fire District No. 1, Jim Toddy. (Mersereau, Barrett)
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Filing 211
Exhibit List . Filed by Klamath County Fire District No. 1, Jim Toddy. (Mersereau, Barrett)
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Filing 210
Proposed Jury Instructions . Filed by Klamath County Fire District No. 1, Jim Toddy. (Mersereau, Barrett)
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Filing 209
Witness Statement . Filed by Stephen Robert Hedlund. (Moore, Bernard)
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Filing 208
Witness List . Filed by Stephen Robert Hedlund. (Moore, Bernard)
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Filing 207
Proposed Jury Verdict Form. Filed by Stephen Robert Hedlund. (Moore, Bernard)
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Filing 206
Trial Memorandum . Filed by Stephen Robert Hedlund. (Moore, Bernard)
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Filing 205
Proposed Voir Dire . Filed by Stephen Robert Hedlund. (Moore, Bernard)
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Filing 204
Motion in limine . Filed by Stephen Robert Hedlund. (Moore, Bernard)
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Filing 203
Proposed Jury Instructions . Filed by Stephen Robert Hedlund. (Moore, Bernard)
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Filing 202
Exhibit List . Filed by Stephen Robert Hedlund. (Moore, Bernard)
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Filing 201
Unopposed Motion for Extension of Time to File Pretrial Documents. Expedited Hearing requested. Filed by James L. Wenzel. (Ford, Karen)
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Filing 200
Scheduling Order by Judge Ann L. Aiken. Telephonic Status Conference is reset from 8/23/2018 to 8/24/2018 at 02:00PM in Eugene by telephone before Judge Ann L. Aiken. The parties shall call in to the conference. Conference call information will be provided by the Court in a separate entry. Ordered by Judge Ann L. Aiken. (ck)
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Filing 199
MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. Plaintiff does not appear. The Court resets the Telephonic Status Conference for 8/23/2018 at 04:00PM in Eugene by telephone before Judge Ann L. Aiken. The parties shall call in to the conference. Conference call information will be provided by the Court in a separate entry. Brett Mersereau, Bernard Moore present as counsel for defendant(s). Court Reporter: Deborah Cook. (ck)
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Filing 198
Scheduling Order by Judge Ann L. Aiken. Telephonic Status Conference is set for 8/21/2018 at 04:00PM in Medford by telephone before Judge Ann L. Aiken. The parties shall call in to the conference. Conference call information will be provided by the Court in a separate entry. Ordered by Judge Ann L. Aiken. (ck)
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Filing 197
Scheduling Order by Judge Ann L. Aiken. Expert Disclosures are due by 6/26/2018. Responses are due by 7/26/2018. Motions concerning expert testimony are to be filed by 8/9/2018. Responses are due by 8/17/2018. Replies are due by 8/28/2018. The parties shall submit proposed voir dire and jury instructions, witness lists (including a time estimate for each witness and a brief description of their testimony), exhibit lists, proposed verdict forms, trial memoranda which shall include an estimate on the total length of the trial, objections to exhibits, and motions in limine no later than 8/24/2018. Proposed verdict forms and jury instructions are to be submitted to the Court on a disc in either Microsoft Word or WordPerfect 10 for Windows (previous versions of WordPerfect are acceptable). Each party shall also submit paper copies of their exhibits to the Court by 8/24/2018. Objections to exhibits are due by 8/29/2018. Pretrial Conference is set for 9/4/2018 at 10:00AM in Medford Courtroom 2 before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck)
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Filing 196
CASE MANAGEMENT ORDER. Signed on 5/18/2018 by Judge Ann L. Aiken. (ck)
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Filing 195
MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. The Pretrial Conference is reset from 9/20/2018 to 8/20/2018 at 10:00AM in Medford before Judge Ann L. Aiken. The Jury Trial is extended for 5 additional days beginning 10/1/2018 through 10/5/2018 at 09:00AM in Medford before Judge Ann L. Aiken. Karen Ford present as counsel for plaintiff(s). Brett Mersereau, Bernard Moore present as counsel for defendant(s). Court Reporter: Jan Duiven. (ck)
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Filing 194
ORDER: The Motion for Clarification #191 is GRANTED. Following the summary judgment ruling, the only claim remaining against Hedlund is the claim for tortious interference with contractual relations. Ordered by Judge Ann L. Aiken. (ck)
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Filing 193
Scheduling Order by Judge Ann L. Aiken. Telephonic Status Conference is set for 4/30/2018 at 10:00AM in Eugene by telephone before Judge Ann L. Aiken. The parties shall call in to the conference. Conference call information will be provided by the Court in a separate entry. Ordered by Judge Ann L. Aiken. (ck)
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Filing 192
Response to Motion for Clarification of prior ruling #191 . Filed by James L. Wenzel. (Ford, Karen)
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Filing 191
Motion for Clarification of prior ruling. Oral Argument requested. Filed by Stephen Robert Hedlund. (Moore, Bernard)
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Filing 190
Scheduling Order by Judge Ann L. Aiken. Expert Disclosures are due by 6/26/2018. Responses are due by 7/26/2018. Motions concerning expert testimony are to be filed by 8/9/2018. Responses are due by 8/23/2018. Replies are due by 9/6/2018. The parties shall submit proposed voir dire and jury instructions, witness lists (including a time estimate for each witness and a brief description of their testimony), exhibit lists, proposed verdict forms, trial memoranda which shall include an estimate on the total length of the trial, objections to exhibits, and motions in limine no later than 9/6/2018. Proposed verdict forms and jury instructions are to be submitted to the Court on a disc in either Microsoft Word or WordPerfect 10 for Windows (previous versions of WordPerfect are acceptable). Each party shall also submit paper copies of their exhibits to the Court by 9/6/2018. Pretrial Conference is set for 9/20/2018 at 09:00AM in Medford before Judge Ann L. Aiken. A 5-day Jury Trial is set to begin 9/24/2018 at 09:00AM in Medford before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck)
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Filing 189
MINUTES of Proceedings: Telephonic Motion Hearing Held before Judge Ann L. Aiken regarding Motion for Extension of Discovery & PTO Deadlines #178 . The Court denies the motion. The Court orders plaintiff's counsel to provide written documents to defense counsel as requested on the record. Plaintiff's counsel is further ordered to contact the Court by 2/16/2018 at 05:00PM with information regarding plaintiff's availability for trial. The Court will then issue a minute order with pretrial deadlines and a firm trial date. Karen Ford present as counsel for plaintiff(s). Brett Mersereau, Bernard Moore present as counsel for defendant(s). Court Reporter: Kristi Anderson. (ck)
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Filing 188
Response in Opposition to Motion for Extension of Discovery & PTO Deadlines #178 . Filed by James L. Wenzel. (Attachments: #1 Exhibit Declaration of Counsel ISO opposition to Motion to Reopen Discovery) (Ford, Karen)
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Filing 187
Scheduling Order by Judge Ann L. Aiken regarding Motion for Extension of Discovery & PTO Deadlines #178 . Response is due by 2/13/2018. Ordered by Judge Ann L. Aiken. (ck)
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Filing 186
ORDER: Finding as Moot Motion to Strike #154 ; Finding as Moot Motion to Strike #155 . Ordered by Judge Ann L. Aiken. (ck)
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Filing 185
Scheduling Order by Judge Ann L. Aiken. Telephonic Status Conference regarding Motion for Extension of Discovery & PTO Deadlines #178 is set for 2/15/2018 at 02:30PM in Eugene by telephone before Judge Ann L. Aiken. The parties shall call in to the conference. Conference call information will be provided by the Court in a separate entry. Motion is taken under advisement as of 2/15/2018. Ordered by Judge Ann L. Aiken. (ck)
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Filing 184
MINUTES of Proceedings: Settlement Conference. Case does not settle. Karen Ford present as counsel for plaintiff. Bernard Moore; Brett Mersereau present as counsel for defendants. Magistrate Judge Thomas M. Coffin presiding. (plb)
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Filing 183
Notice of Change of Address. Filed by Board of Directors of Klamath County Fire District No. 1, Klamath County Fire District No. 1, Jim Toddy. (Mersereau, Barrett)
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Filing 182
Scheduling Order by Magistrate Judge Thomas M. Coffin. Settlement Conference is set for 1/19/2018 at 10:00AM in Eugene chambers before Magistrate Judge Thomas M. Coffin. Presence of all parties with settlement authority required. This includes anyone who is to have input on the decision of whether or not to settle the case. If any of the parties is going to seek input from a third person(s) regarding decisions associated with the settlement of a case, that third person should be present during all phases of the settlement process. Ordered parties to submit settlement document to the court by 12:00PM, 1/12/2018, in which they state realistic proposals they are willing to make or accept to resolve this case. PLEASE SEE ATTACHED INSTRUCTIONS REGARDING SETTLEMENT DOCUMENT. Signed on 12/13/2017 by Magistrate Judge Thomas M. Coffin. (plb)
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Filing 181
Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Mark D. Clarke to Judge Ann L. Aiken. (eo)
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Filing 180
MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. This case is referred to Magistrate Judge Thomas M. Coffin for a settlement conference. The parties are directed to contact Judge Coffin's Courtroom Deputy, Paul Bruch, at Paul_Bruch@ord.uscourts.gov or (541) 431-4111 to schedule the conference. The Motion for Extension of Discovery & PTO Deadlines #178 is stayed at this time. Karen Ford present as counsel for plaintiff(s). Barrett Mersereau, Casey Murdock, Bernard Moore present as counsel for defendant(s). Court Reporter: Kristi Anderson. (ck)
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Filing 179
Declaration of Barrett Mersereau . Filed by Klamath County Fire District No. 1, Jim Toddy. (Related document(s): Motion for Extension of Discovery & PTO Deadlines #178 .) (Mersereau, Barrett)
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Filing 178
Motion for Extension of Discovery & PTO Deadlines . Oral Argument requested. Filed by Klamath County Fire District No. 1, Jim Toddy. (Mersereau, Barrett)
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Filing 177
Scheduling Order by Judge Ann L. Aiken. A Telephonic Status Conference to discuss how this case will proceed is set for 12/5/2017 at 03:00PM in Eugene by telephone before Judge Ann L. Aiken. The parties shall call in to the conference. Conference call information will be provided by the Court in a separate entry. Ordered by Judge Ann L. Aiken. (ck)
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Filing 176
OPINION AND ORDER: Adopting Findings and Recommendation #159 . Granting in Part Denying in Part Motions for Summary Judgment #115 , #118 , and #120 . The parties are directed to contact Courtroom Deputy Cathy Kramer at Cathy_Kramer@ord.uscourts.gov or (541) 431-4102, to set a telephonic status conference to discuss how this case will proceed. Signed on 11/21/2017 by Judge Ann L. Aiken. (ck)
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Filing 175
Response to Objections to Findings & Recommendation. filed by Hedlund Related document(s): #159 Findings & Recommendation, #162 Appeal of Magistrate Judge Decision to District Court Judge,. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by James L. Wenzel. (Attachments: #1 Exhibit Exhibit 1 Hedlund, #2 Exhibit Exhibit 2 Hedlund, #3 Exhibit Exhibit 3 Hedlund) (Ford, Karen)
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Filing 174
Response to Objections to Findings & Recommendation. by KCFD. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by James L. Wenzel. (Attachments: #1 Exhibit Exhibit 1 KCFD, #2 Exhibit Exhibit 2 KCFD, #3 Exhibit Exhibit 3 KCFD, #4 Exhibit Exhibit 4 KCFD, #5 Exhibit Exhibit 5 KCFD, #6 Errata Exhibit 6 KCFD) (Ford, Karen)
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Filing 173
Response to Objections to Findings & Recommendation. by Toddy. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by James L. Wenzel. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3) (Ford, Karen)
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Filing 172
ORDER: Granting Motion for Extension of Time #168 . Responses to objections to the Findings and Recommendation are due by 10/3/2017. Ordered by Judge Ann L. Aiken. (pk1)
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Filing 171
Response to Objections to Findings & Recommendation. Related document(s): #165 Objections to Findings & Recommendation, Oral Argument requested. Filed by Board of Directors of Klamath County Fire District No. 1, Klamath County Fire District No. 1. (Mersereau, Barrett)
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Filing 170
Response to Objections to Findings & Recommendation. Related document(s): #166 Objections to Findings & Recommendation, Oral Argument requested. Filed by Jim Toddy. (Mersereau, Barrett)
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Filing 169
Response to Objections to Findings & Recommendation. Related document(s): #167 Objections to Findings & Recommendation,. Filed by Stephen Robert Hedlund. (Attachments: #1 Exhibit 1) (Murdock, Casey)
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Filing 168
Unopposed Motion for Extension of Time to File Responses to Objections. Expedited Hearing requested. Filed by James L. Wenzel. (Ford, Karen)
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Filing 167
Objections re Hedlund to Findings & Recommendation: Motion for Summary Judgment #120 , Motion for Summary Judgment #118 , Motion for Summary Judgment #115 should be granted and denied #159 . Filed by James L. Wenzel. (Ford, Karen)
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Filing 166
Objections re Toddy to Findings & Recommendation: Motion for Summary Judgment #120 , Motion for Summary Judgment #118 , Motion for Summary Judgment #115 should be granted and denied #159 . Filed by James L. Wenzel. (Ford, Karen)
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Filing 165
Objections re KCFD to Findings & Recommendation: Motion for Summary Judgment #120 , Motion for Summary Judgment #118 , Motion for Summary Judgment #115 should be granted and denied #159 . Filed by James L. Wenzel. (Ford, Karen)
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Filing 164
APPEAL OF MAGISTRATE JUDGE DECISION to a District Court Judge by Board of Directors of Klamath County Fire District No. 1, Klamath County Fire District No. 1 re #159 Findings & Recommendation: Motion for Summary Judgment #120 , Motion for Summary Judgment #118 , Motion for Summary Judgment #115 should be granted and denied, 161 Order,,, . Filed by Board of Directors of Klamath County Fire District No. 1, Klamath County Fire District No. 1. (Mersereau, Barrett)
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Filing 163
APPEAL OF MAGISTRATE JUDGE DECISION to a District Court Judge by Jim Toddy re #159 Findings & Recommendation: Motion for Summary Judgment #120 , Motion for Summary Judgment #118 , Motion for Summary Judgment #115 should be granted and denied, 161 Order,,, . Filed by Jim Toddy. (Mersereau, Barrett)
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Filing 162
APPEAL OF MAGISTRATE JUDGE DECISION to a District Court Judge by Stephen Robert Hedlund re #159 Findings & Recommendation: Motion for Summary Judgment #120 , Motion for Summary Judgment #118 , Motion for Summary Judgment #115 should be granted and denied . Filed by Stephen Robert Hedlund. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Murdock, Casey)
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Filing 161
MINUTE ORDER: Defendants' motions to strike are denied. Plaintiff's factual positions were adequately supported by citations to the record, and many of the examples given by the defendants in support of their motions include arguments and inferences, which are permissible tactics engaged in by all parties to this case. The motions to strike Exhibit N to the Wenzel Declaration are not well taken. Exhibit N contains unofficial transcript of an audio recording of the August 6 Executive Board meeting in which several board members discuss the Toddy Report and their conclusions that plaintiff may be terminated. Defendants do not dispute the contents of the transcript, and they do not submit any alternative evaluation of the substance of the comments made on the tape. Indeed at trial the original recording will be required to prove the content. Ordered and Signed on 09/01/2017 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 160
Order referring Findings & Recommendation: Motion for Summary Judgment #120 , Motion for Summary Judgment #118 , Motion for Summary Judgment #115 should be granted in part and denied in part #159 , to Judge Aiken. Signed on 08/29/2017 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 159
Findings & Recommendation: Motion for Summary Judgment #120 , Motion for Summary Judgment #118 , Motion for Summary Judgment #115 should be granted in part and denied in part. Please access the entire text by document number hyperlink. Objections to the Findings and Recommendation are due by 9/12/2017. If objections are filed, responses to the objections are due by 09/26/2017. Signed on 08/29/2017 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 158
MINUTE ORDER: The Court has received and reviewed Plaintiff's request that the oral argument and transcript from the hearing on 8/8 be covered by the protective order in this matter. While the Court appreciates the delicate challenge Plaintiff's counsel faces to argue the merits of the case without publicizing the nature of the accusations brought in the underlying dispute, the general nature of the comments made at the hearing do not rise to the level that would necessitate putting the hearing transcript under seal or otherwise subjecting it to the protective order. Plaintiff's request is denied. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 157
MINUTES of Proceedings: In Person Motion Hearing Held regarding Motion for Summary Judgment #120 , Motion for Summary Judgment #115 , Motion for Summary Judgment #118 . Motion is taken under advisement as of 8/8/2017. Karen Ford present as counsel for plaintiff. Barrett Mersereau and Bernard Moore present as counsel for defendants. Court Reporter: Melanie Savord. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 156
Response in Opposition to Motion to Strike Sur-Reply to Motion #151 , Sur-Reply to Motion #153 , Sur-Reply to Motion #152 , Sur-Reply to Motion, #150 #154 , Motion to Strike Plaintiff's Sur-Reply to Motion #152 #155 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by James L. Wenzel. (Attachments: #1 Attachment Declaration of Counsel in Response to Motion to Strike Sur Replies) (Ford, Karen)
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Filing 155
Motion to Strike Plaintiff's Sur-Reply to Motion #152 . Oral Argument requested. Filed by Stephen Robert Hedlund. (Murdock, Casey)
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Filing 154
Motion to Strike Sur-Reply to Motion #151 , Sur-Reply to Motion #153 , Sur-Reply to Motion #152 , Sur-Reply to Motion, #150 . Oral Argument requested. Filed by Board of Directors of Klamath County Fire District No. 1, Klamath County Fire District No. 1. (Mersereau, Barrett)
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Filing 153
Sur-Reply Supplemental Authority re August 6 2013 Transcript to Reply to Motion #148 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by James L. Wenzel. (Ford, Karen)
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Filing 152
Sur-Reply and Response to Motion to Strike Hedlund to Reply to Motion, #145 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by James L. Wenzel. (Ford, Karen)
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Filing 151
Sur-Reply and Response to Motion to Strike Toddy to Reply to Motion #147 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by James L. Wenzel. (Ford, Karen)
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Filing 150
Sur-Reply and Response to Motion to Strike to Reply to Motion #148 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by James L. Wenzel. (Attachments: #1 Exhibit Declaration of Counsel re Sur Reply) (Ford, Karen)
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Filing 149
Scheduling Order by Magistrate Judge Mark D. Clarke regarding Motion for Summary Judgment #120 , Motion for Summary Judgment #115 , Motion for Summary Judgment #118 . An in person Oral Argument is set for 8/8/2017 at 02:00PM in Medford before Magistrate Judge Mark D. Clarke. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 148
Reply to Motion for Summary Judgment #115 Oral Argument requested. Filed by Board of Directors of Klamath County Fire District No. 1, Klamath County Fire District No. 1. (Mersereau, Barrett)
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Filing 147
Reply to Motion for Summary Judgment #118 Oral Argument requested. Filed by Jim Toddy. (Mersereau, Barrett)
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Filing 146
Declaration of Casey S. Murdock in Support of Defendant Hedlund's Reply for Motion for Summary Judgment. Filed by Stephen Robert Hedlund. (Related document(s): Reply to Motion, #145 .) (Murdock, Casey)
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Filing 145
Reply to Motion for Summary Judgment #120 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Stephen Robert Hedlund. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Murdock, Casey)
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Filing 144
Scheduling Order by Magistrate Judge Mark D. Clarke regarding Motion for Summary Judgment #120 , Motion for Summary Judgment #115 , Motion for Summary Judgment #118 . Telephonic Oral Argument is set for 7/18/2017 at 02:00PM in Medford before Magistrate Judge Mark D. Clarke. The Court will initiate the call at the numbers provided on the docket, unless otherwise informed. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 143
ORDER: Denying Motion to Strike #141 ; Denying Motion to Strike #142 .Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 142
Motion to Strike Motion to Strike Plaintiff's Supplement to Plaintiff's Opposition to Motions for Summary Judgment Response to Motion #140 #141 . Oral Argument requested. Filed by Jim Toddy. (Mersereau, Barrett)
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Filing 141
Motion to Strike Plaintiff's Supplement to Plaintiff's Opposition to Motions for Summary Judgment Response to Motion #140 . Filed by Stephen Robert Hedlund. (Murdock, Casey)
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Filing 140
Supplemental Response in Opposition to Motion for Summary Judgment #120 , Motion for Summary Judgment #118 . Filed by James L. Wenzel. (Ford, Karen)
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Filing 139
Amended Response in Opposition Hedlund Motion for Summary Judgment to Motion for Summary Judgment #120 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by James L. Wenzel. (Ford, Karen)
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Filing 138
Amended Response in Opposition Toddy Motion for Summary Judgment to Motion for Summary Judgment #118 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by James L. Wenzel. (Ford, Karen)
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Filing 137
Amended Response in Opposition KCFD Motion For Summary Judgment to Motion for Summary Judgment #115 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by James L. Wenzel. (Attachments: #1 Declaration of Ford ISO opp to MSJ amended, #2 Exhibit Ford Declaration Exhibits part 1, #3 Exhibit Ford Declaration Exhibits part 2, #4 Wenzel Declaration IOS opp to MSJ, #5 Exhibit Wenzel Declaration Exhibits) (Ford, Karen)
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Filing 136
Scheduling Order by Magistrate Judge Mark D. Clarke regarding Motion for Summary Judgment #120 , Motion for Summary Judgment #115 , Motion for Summary Judgment #118 . Amended Responses to Dispositive Motions are due by 5/30/2017. Replies to Dispositive Motions are due by 6/20/2017. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 135
ORDER: Granting Motion to Amend/Correct #132 . Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 134
Reply In Support of to Motion to Amend/Correct Oppositions to Summary Judgement Motion for Summary Judgment #120 , Motion for Summary Judgment #118 , Motion for Summary Judgment #115 #132 . Filed by James L. Wenzel. (Ford, Karen)
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Filing 133
Response in Opposition to Motion to Amend/Correct Oppositions to Summary Judgement Motion for Summary Judgment #120 , Motion for Summary Judgment #118 , Motion for Summary Judgment #115 #132 , Response to Motion to Amend/Correct Oppositions to Summary Judgement Motion for Summary Judgment #120 , Motion for Summary Judgment #118 , Motion for Summary Judgment #115 #132 . Filed by Board of Directors of Klamath County Fire District No. 1, Klamath County Fire District No. 1, Jim Toddy. (Mersereau, Barrett)
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Filing 132
Motion to Amend/Correct Oppositions to Summary Judgement Motion for Summary Judgment #120 , Motion for Summary Judgment #118 , Motion for Summary Judgment #115 . Filed by James L. Wenzel. (Ford, Karen)
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Filing 131
Response in Opposition to Motion for Summary Judgment #120 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by James L. Wenzel. (Ford, Karen)
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Filing 130
Response in Opposition to Motion for Summary Judgment #118 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by James L. Wenzel. (Ford, Karen)
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Filing 129
Response in Opposition to Motion for Summary Judgment #115 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by James L. Wenzel. (Attachments: #1 Declaration of Counsel ISO Opposition to Motion for Summary Judgment, #2 Exhibit Exhibit to Decl of Ford Part 1, #3 Exhibit Exhibits to Decl Of Ford Part 2, #4 Declaration of Wenzel in Opposition to Motions for Summary Judgment, #5 Exhibit Exhibit to Declaration of Wenzel) (Ford, Karen)
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Filing 128
AMENDED Scheduling Order by Magistrate Judge Mark D. Clarke regarding Motion for Summary Judgment #120 , Motion for Summary Judgment #115 , Motion for Summary Judgment #118 . Responses to Dispositive Motions are now due by 5/22/2017. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 127
ORDER: Granting Motion for Extension of Time #126 to file Responses to Motion for Summary Judgment #115 ; Motion for Summary Judgment #118 and Motion for Summary Judgment #120 . Responses to all three Dispositive Motions are now due by 5/15/2017. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 126
Motion for Extension of Time TO RESPOND TO MOTIONS FOR SUMMARY JUDGMENT. Expedited Hearing requested. Filed by James L. Wenzel. (Ford, Karen)
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Filing 125
ORDER: Denying Motion for Discovery and/or Inspection #121 . Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 124
MINUTE ORDER: The Court has received Plaintiff counsel's letter requesting extensions of time, as well as the motion to compel discovery #121 . Moving forward, Plaintiff counsel is advised to properly file a motion pursuant to Local Rule 16-3 for any requests to extend court deadlines. Nevertheless, Plaintiff's request for an extension of the time to file responses to Motions for Summary Judgment is granted. The deadline is extended by two weeks. The deadline to disclose experts is vacated. Expert disclosures will be due 30 days after final resolution of the motions for summary judgment. Due to the fact that the case is a non-consent case, the trial and pretrial dates are also hereby vacated. A scheduling conference with the district court judge will be set after final resolution of the motions for summary judgment, and trial dates will be reset at that time. Plaintiff's motion to compel #121 is DENIED. The Court has already reviewed the audio recording at issue in camera, and specifically laid out for the parties which portions are discoverable #111 . Defense counsel indicated that he has disclosed the appropriate portions of the recording, and the Court has no reason to question that he has done so. Defense counsel also indicated that the requested meeting agenda has already been provided to Plaintiff in discovery. The Court has already ruled numerous times that defendants may not submit evidence at trial that has not been disclosed or produced in discovery. Ordered by Magistrate Judge Mark D. Clarke.(rsm)
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Filing 123
Declaration of Brett Mersereau . Filed by Board of Directors of Klamath County Fire District No. 1, Klamath County Fire District No. 1. (Related document(s): Motion For Discovery/Inspection, #121 .) (Mersereau, Barrett)
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Filing 122
Response in Opposition to Motion for Discovery and/or Inspection August 6 2013 Audio Recording #121 . Filed by Board of Directors of Klamath County Fire District No. 1, Klamath County Fire District No. 1. (Mersereau, Barrett)
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Filing 121
Motion for Discovery and/or Inspection August 6 2013 Audio Recording. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Expedited Hearing requested. Filed by James L. Wenzel. (Attachments: #1 Attachment Declaration of Counsel ISO Motion to Compel) (Ford, Karen)
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Filing 120
Motion for Summary Judgment . Oral Argument requested. Filed by Stephen Robert Hedlund. (Moore, Bernard)
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Filing 119
Declaration of Jim Toddy . Filed by Jim Toddy. (Related document(s): Motion for Summary Judgment #118 .) (Mersereau, Barrett)
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Filing 118
Motion for Summary Judgment . Oral Argument requested. Filed by Jim Toddy. (Mersereau, Barrett)
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Filing 117
Declaration of Gloria Storey . Filed by Board of Directors of Klamath County Fire District No. 1, Klamath County Fire District No. 1. (Related document(s): Motion for Summary Judgment #115 .) (Mersereau, Barrett)
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Filing 116
Declaration of John Spradley . Filed by Board of Directors of Klamath County Fire District No. 1, Klamath County Fire District No. 1. (Related document(s): Motion for Summary Judgment #115 .) (Mersereau, Barrett)
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Filing 115
Motion for Summary Judgment . Oral Argument requested. Filed by Board of Directors of Klamath County Fire District No. 1, Klamath County Fire District No. 1. (Mersereau, Barrett)
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Filing 114
Answer to #94 Amended Complaint . Filed by Jim Toddy. (Mersereau, Barrett)
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Filing 113
Answer to #94 Amended Complaint . Filed by Board of Directors of Klamath County Fire District No. 1, Klamath County Fire District No. 1. (Mersereau, Barrett)
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Filing 112
ORDER: Denying Motion #97 for Clarification of Reconsideration. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 111
OPINION AND ORDER: Plaintiff's Motion for Clarification or Reconsideration #97 is hereby DENIED. Plaintiff's request for production of the August 6, 2013 Executive Session audio recording is GRANTED in part and DENIED in part. The other disputes are resolved as discussed in this document. Signed on 03/14/2017 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 110
Response to Motion for Clarification or Reconsideration #97 . Filed by Stephen Robert Hedlund. (Attachments: #1 Declaration, #2 Exhibit 1) (Murdock, Casey)
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Filing 109
Supplemental Report of Counsel re discovery. Filed by James L. Wenzel. (Ford, Karen)
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Filing 108
Joint Status Report . Filed by Board of Directors of Klamath County Fire District No. 1, Klamath County Fire District No. 1, Jim Toddy. (Mersereau, Barrett)
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Filing 107
Report re: status of Discovery Disputes. Filed by James L. Wenzel. (Ford, Karen)
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Filing 106
Supplemental Memorandum in Support request for Clarification re privilege August 6 2013 audio. Filed by James L. Wenzel. (Attachments: #1 Exhibit Declaration of Counsel re August 6 2013 audio recording) (Ford, Karen)
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Filing 105
MINUTE ORDER: The Court has received Ms. Ford's letter dated March 2, 2017. While the Court chose not to extend the date for close of discovery, the Court did give the parties a method to informally resolve discovery issues after the deadline passed. The Court would like to avoid authentication issues as they relate to dispositive motions. Therefore the Court would encourage the parties to promptly agree to any non-controversial authentication of documents produced in discovery. Any disputes the defendants might have about authentication should be included in the Joint Status Report, due March 7. Similarly, if there is any reason, beyond timing, that the defendants believe the audio recordings of the executive sessions are not discoverable, defendants may address that issue in the JSR as well. The Court encourages the parties to resolve the issues to the extent possible without Court intervention. The Court anticipates all counsel will rise above the unfortunate level of animosity and unprofessional behavior that has permeated this case. Each side is convinced the other side is at fault. The Court has no interest in sorting out blame. It is way past time that both sides set the highest standard of professionalism and work together in a cooperative spirit. The Court specifically expects counsel to work out most disputed issues before submitting the Joint Status Report on March 7. The Court orders no further letters and that any other ruling the parties need be very specifically set out in the March 7 Joint Status Report. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 104
MINUTE ORDER: The Court has received the Plaintiff's Motion #97 and the responses #102 , #103 . It appears that a major source of the confusion and continuing conflict between the parties stems from the Plaintiff's inability to determine exactly which documents were provided to the Court for in camera review and which were produced in discovery. Defendant should have provided Plaintiff a list identifying such documents with specific reference to the most recent privilege log that was given to the parties. Even the Court cannot readily identify which of the items on the privilege log were submitted for in camera review because the defendants did not cross reference the original privilege log on their list of in camera documents. Defendant shall immediately provide a list to Plaintiff identifying which items on the privilege log have been produced, and which were given to the Court for in camera review. The list shall also be provided to the Court to assist in reviewing the remainder of Plaintiff's motion and supplemental response. Defendant may file a brief supplemental response as well, if necessary, to address any new issues raised by Plaintiff's filing. The Court will take the motion under advisement on March 9, 2017. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 103
Supplemental Memorandum in Support Request for Clarification and Reconsideration. Filed by James L. Wenzel. (Attachments: #1 Attachment Supplemental Decl of Counsel ISO Request for Clarification and Reconsideration) (Ford, Karen)
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Filing 102
Response to Motion for Clarification or Reconsideration #97 , Response to Motion for Clarification or Reconsideration #97 . Filed by Stephen Robert Hedlund. (Murdock, Casey)
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Filing 101
ORDER: The Court has received the letters from Ms. Ford dated February 23, 2017. Defendants shall either produce to Plaintiff the audio recording of the executive session of August 8, 2013, or, if they believe the recording is privileged, they may submit it to the Court for in camera review. One or the other shall be done by March 3, 2017. Regarding the Dropbox folder discovery issue, the Court expects the parties to work together to solve the issue without further Court intervention. Ordered by Magistrate Judge Mark D. Clarke.(rsm)
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Filing 100
Answer to #94 Amended Complaint . Filed by Stephen Robert Hedlund. (Moore, Bernard)
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Filing 99
MINUTE ORDER: The Court has received Plaintiff counsel's letter expressing concern and confusion over the Court's Order 98 . To clarify, Plaintiff will not be deemed to have waived any current discovery dispute by not filing a formal motion by February 17. The Court has simply set up an alternative informal process to efficiently resolve any outstanding discovery issues, as set out in the Order 98 . The Court is optimistic that Ms. Ford, Mr. Mersereau, and Mr. Murdock will be able to continue working to resolve the issues currently in dispute in Mr. Moore's absence. However, in an abundance of caution, the Court will move the date for the parties to submit a joint status report, from March 3 to March 7, to ensure all counsel has adequate time to confer. The Court is aware of the pending discovery motion #97 , which the Court will resolve in the normal course after receiving responses from the defendants. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 98
MINUTE ORDER: The Court has reviewed letters submitted by counsel to the court. The Court respects the vigor with which counsel are representing their clients. The relationship of counsel has unfortunately become more contentious over time, making it difficult to resolve even easy matters. Each side blames the other. However, the Court remains cautiously optimistic that the experienced counsel in this case will resolve all remaining issues, which do not seem all that disputed, without court intervention by March 1. Counsel are ordered to have a telephone conference as soon as all counsel are available. The Court sees no reason to extend the formal discovery motion deadline. The Court orders that counsel submit a short, no more than 3 pages, joint status report by March 3 confirming that the parties have cooperated to resolve the remaining discovery issues. The parties can advise the Court if there is any ruling they need from the Court on any specific issue. The Court expects counsel to agree on the accuracy of any meeting transcripts. Otherwise, Plaintiff counsel can submit any meeting transcripts with a declaration of the court reporter as a part of dispositive motions or trial. If defendants dispute the accuracy, they can submit their own transcript with court reporter declaration or simply advise the Court of any disagreement with specific wording of the transcript with supporting declaration. Absent extraordinary circumstances, the Court will not be extending the discovery deadline of March 1 or dispositive motion deadline of April 3. The Court would like to focus all our energies on getting to the merits of this case. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 97
Motion for Clarification or Reconsideration. Filed by James L. Wenzel. (Attachments: #1 Attachment Declaration of Counsel in support of motion for Clarification) (Ford, Karen)
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Filing 96
Trial Management Order for Jury trial commencing on 07/18/2017. Pretrial Documents are due by 6/16/2017; 06/23/2017; and 06/30/2017. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 95
MINUTES of Proceedings: Telephonic Status Conference held. Discovery is to be completed by 3/1/2017. Any discovery motions are to be filed by 02/17/2017. Consent to Magistrate Judge are due by 03/01/2017. Dispositive Motions are due by 4/3/2017. An in-person Pretrial Conference is set for 7/10/2017 at 10:00AM in Medford before Magistrate Judge Mark D. Clarke. Jury Trial is reset for 7/18/2017 at 09:00AM in Medford before Magistrate Judge Mark D. Clarke. Karen Ford present as counsel for plaintiff. Barrett Mersereau and Bernie Moore present as counsel for defendants. Court Reporter: Hearing was not recorded. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 94
First Amended Complaint . Filed by James L. Wenzel against All Defendants. (Ford, Karen)
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Filing 93
ORDER: Granting Motion for a Protective Order #73 ; Granting Motion for Leave to File Amended Complaint/Petition #79 . Please access entire text by document number hyperlink. Ordered and Signed on 01/30/2017 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 92
Scheduling Order by Magistrate Judge Mark D. Clarke. At the request of counsel, the telephonic Status Conference set for 01/31/2017 at 1:30 PM has been RESET for 2/1/2017 at 10:00AM before Magistrate Judge Mark D. Clarke. The Court will initiate the call at the numbers provided on the docket, unless otherwise informed. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 91
Scheduling Order by Magistrate Judge Mark D. Clarke. A telephonic Status Conference is set for 1/31/2017 at 10:00AM before Magistrate Judge Mark D. Clarke. The Court will initiate the call at the numbers provided on the docket, unless otherwise informed. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 90
Order. Judge Clarke's Order #68 in AFFRIMED. Defendant Hedlund's motions to strike, #81 #85 , are GRANTED, and plaintiff's request to file a sur-reply #82 is DENIED. See, formal Order. Signed on 1/18/2017 by Judge Ann L. Aiken. (rdr)
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Filing 89
ORDER: Granting Motion for Extension of Discovery & PTO Deadlines #88 . All pretrial deadlines are hereby vacated. The trial date will remain as set. The court will schedule a Telephonic Status Conference as soon as the pending motions are resolved. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 88
Motion for Extension of Discovery & PTO Deadlines To Suspend Pretrial Deadlines. Expedited Hearing requested. Filed by James L. Wenzel. (Ford, Karen)
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Filing 87
Reply In Support Of to Motion for Leave to File Amended Complaint/Petition #79 . Filed by James L. Wenzel. (Ford, Karen)
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Filing 86
Reply ISO Request to File Surreply and Response Response to Motion to Strike and Objection to Plaintiff's Sur-Reply to Motion, #83 #85 . Filed by James L. Wenzel. (Ford, Karen)
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Filing 85
Motion to Strike and Objection to Plaintiff's Sur-Reply to Motion, #83 . Filed by Stephen Robert Hedlund. (Murdock, Casey)
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Filing 84
Response in Opposition to Motion for Leave to File Amended Complaint/Petition #79 . Filed by Stephen Robert Hedlund. (Murdock, Casey)
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Filing 83
Proposed Sur-Reply to Objections to Magistrate Judge's Order Order on Motion to Compel,,, #68 #70 . Filed by James L. Wenzel. (Attachments: #1 Declaration of Counsel ISO Surreply, #2 Declaration of James Wenzel ISO Surreply) (Ford, Karen)
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Filing 82
Sur-Reply Request to File Surreply to Objections to Magistrate Judge's Order Order on Motion to Compel,,, #68 #70 . Filed by James L. Wenzel. (Ford, Karen)
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Filing 81
Memorandum in Support . Filed by Stephen Robert Hedlund. (Related document(s): Appeal of Magistrate Judge Decision to District Court Judge, #69 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Moore, Bernard)
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Filing 80
ORDER: Granting in Part Denying in Part Motion for Extension of Time #77 . The Court has received the Plaintiff's request for extension of discovery deadlines #77 . The motion is granted to the extent that the discovery date of November 1 is hereby abated. All other dates remain as previously set. Once the District Court has ruled on the defendants' objections and appeal of magistrate order #69 , #70 , the court will set a scheduling conference to discuss resetting the discovery cutoff and other case deadlines. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 79
Motion for Leave to File Amended Complaint/Petition . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by James L. Wenzel. (Attachments: #1 Declaration of Counsel ISO Motion for Leave to Amend) (Ford, Karen)
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Filing 78
Response to Motion for Extension of Time Discovery Deadline #77 . Filed by Stephen Robert Hedlund. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (Murdock, Casey)
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Filing 77
Motion for Extension of Time Discovery Deadline. Expedited Hearing requested. Filed by James L. Wenzel. (Ford, Karen)
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Filing 76
Memorandum in Opposition to Objections to Magistrate Judge's Order Order on Motion to Compel,,, #68 #70 . Filed by James L. Wenzel. (Attachments: #1 Declaration of Karen E. Ford ISO Opposition to Appeal, #2 Exhibit Exhibit A Sept 27 e mail, #3 Exhibit Exhibit B Complaint, #4 Exhibit Exhibit C May 18 letter 1, #5 Exhibit Exhibit D May 18 letter 2, #6 Exhibit Exhibit E May 20 minute order, #7 Exhibit Exhibit F May 20 order, #8 Exhibit Exhibit G June 13 e mail, #9 Exhibit Exhibit H June 3 minute order, #10 Exhibit Exhibit I June 10 Ford Decl, #11 Exhibit Exhibit J June 10 Wenzel Decl, #12 Exhibit Exhibit K June 13 Ford Decl, #13 Exhibit Exhibit L June 15 Ford Decl, #14 Exhibit Exhibit M August 31 Ford Decl, #15 Exhibit Exhibit N August 31 Wenzel Decl, #16 Exhibit Exhibit O Hedlund Transcript, #17 Exhibit Exhibit P March 20 2013 e mail from Hedlund to himself, #18 Exhibit Exhibit Q examples of investigation communications) (Ford, Karen)
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Filing 75
ORDER: Granting Motion for Extension of Time #74 . Response is due by 10/13/2016. Ordered by Judge Ann L. Aiken. (pk1)
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Filing 74
Motion for Extension of Time to File Opposition to Appeal. Expedited Hearing requested. Filed by James L. Wenzel. (Ford, Karen)
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Filing 73
Motion for Protective Order and Request for Reconsideration. Filed by James L. Wenzel. (Attachments: #1 Declaration of Counsel iso Request for Reconsideration and Motion for Protective Order) (Ford, Karen)
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Filing 72
Minute Order: Order striking Order #79 which referred the Objections #70 to Judge Panner for review. It is Ordered that Objections #70 are referred to Judge Ann Aiken for review. Ordered by Judge Owen M. Panner. (jkm)
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Filing 71
Order referring Appeal to Article III Judge Owen M. Panner. regarding Appeal of Magistrate Judge Decision to District Court Judge, #69 , #70 . Ordered by Magistrate Judge Mark D. Clarke. (jkm) Modified on 9/29/2016 (jkm).
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Filing 70
Objections to Magistrate Judge's Order Order on Motion to Compel,,, #68 . Filed by Board of Directors of Klamath County Fire District No. 1, Klamath County Fire District No. 1. (Mersereau, Barrett)
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Filing 69
APPEAL OF MAGISTRATE JUDGE DECISION to a District Court Judge by Stephen Robert Hedlund re #68 Order on Motion to Compel,,, . Filed by Stephen Robert Hedlund. (Attachments: #1 Exhibit One, #2 Exhibit Two, #3 Exhibit Three, #4 Exhibit Four, #5 Exhibit Five, #6 Exhibit Six) (Moore, Bernard)
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Filing 68
ORDER: Plaintiff's Motion #55 is granted in part and denied in part. Defendant's Motion #56 is granted. Defendant KCFD1's motion to strike [55-1] is well taken under the rules of evidence. Defendant's motion #57 is granted. Please access entire text by document number hyperlink. Signed on 09/14/2016 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 67
MINUTES of Proceedings: Motion Hearing Held regarding Motion to compel #56 , Motion to compel #55 . Motions are taken under advisement as of 9/7/2016. Karen Ford present as counsel for plaintiff. Barrett Mersereau and Casey Murdock present as counsel for defendants. Court Reporter: FTR. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 66
Corrected Response to Motion to Compel RE: Claims of Privilege #55 . Filed by James L. Wenzel. (Ford, Karen)
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Filing 65
Response to Hedlund re to Motion to Compel RE: Claims of Privilege #55 . Filed by James L. Wenzel. (Ford, Karen)
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Filing 64
Response to Motion to Strike and re to Motion to Compel RE: Claims of Privilege #55 . Filed by James L. Wenzel. (Ford, Karen)
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Filing 63
Response in Opposition to Motion to Compel #56 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Plaintiffs. (Attachments: #1 Declaration of counsel in support, #2 Declaration of James Wenzel in support) (Ford, Karen)
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Filing 62
Scheduling Order by Magistrate Judge Mark D. Clarke regarding Motion to Compel #56 , Motion to Compel RE: Claims of Privilege #55 .Telephonic Oral Argument is set for 9/7/2016 at 02:00PM in Medford before Magistrate Judge Mark D. Clarke. The Court will initiate the call at the numbers provided, unless otherwise informed. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 61
Scheduling Order by Magistrate Judge Mark D. Clarke regarding Motion to Compel #56 . Response is due by 8/31/2016. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 60
Response to Motion to Compel RE: Claims of Privilege #55 . Filed by Stephen Robert Hedlund. (Attachments: #1 Attachment Declaration of Bernard S. Moore) (Moore, Bernard)
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Filing 59
** Response to Motion to Compel RE: Claims of Privilege #55 . Filed by Stephen Robert Hedlund. (Attachments: #1 Attachment) (Moore, Bernard) Modified on 8/17/2016 (jkm).**INCORRECT EVENT SELECTED, ATTORNEY CORRECTED AT ENTRY #60.
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Filing 58
Memorandum in Support Exhibit 1. Filed by Stephen Robert Hedlund. (Related document(s): Motion to compel #56 .) (Attachments: #1 Exhibit 2 - Defendant Hedlund's Motion to Compel, #2 Exhibit 3 Defendant Hedlund's Motion to Compel) (Moore, Bernard)
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Filing 57
Response to Motion to Compel RE: Claims of Privilege #55 . Filed by Klamath County Fire District No. 1. (Attachments: #1 Attachment Declaration of Brett Mersereau) (Mersereau, Barrett)
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Filing 56
Motion to Compel . Oral Argument requested. Filed by Stephen Robert Hedlund. (Moore, Bernard)
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Filing 55
Motion to Compel RE: Claims of Privilege. Filed by James L. Wenzel. (Attachments: #1 Declaration of Counsel ISO Motion to Compel) (Ford, Karen)
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Filing 54
ORDER: Granting Motion for Extension of Time #53 to file Motion to Compel. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 53
Motion for Extension of Time re Motion to Compel. Filed by James L. Wenzel. (Ford, Karen)
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Filing 52
Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a). A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: The Clerk inadvertantly entered document #51 in the wrong case. This document is hereby STRICKEN. (rsm)
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Filing 51
""STRICKEN"" Trial Management Order for Jury Trial commencing on 09/05/2017. Pretrial Documents are due by 8/4/2017; 08/11/2017 and 08/18/2017. Signed on 07/22/2016 by Magistrate Judge Mark D. Clarke. (rsm) Modified on 7/27/2016 (rsm) to strike from this case. Entered in the wrong case.
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Filing 50
Trial Management Order for Jury Trial commencing on 04/18/2017. Pretrial Documents are due by 3/17/2017; 03/24/2017 and 03/31/2017. Signed on 07/21/2016 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 49
Scheduling Order by Magistrate Judge Mark D. Clarke. An in person Pretrial Conference is set for 4/10/2017 at 10:00AM in Medford before Magistrate Judge Mark D. Clarke. A 4-day Jury Trial is set for 4/18/2017 at 09:00AM in Medford before Magistrate Judge Mark D. Clarke. Trial Management Order to follow. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 48
MINUTES of Proceedings: Telephonic Scheduling Conference held. Discovery is to be completed by 11/1/2016. Dispositive Motions are due by 12/1/2016. Deadline for Plaintiff to file Motion to Compel is 7/29/2016. Defendant's Response is due by 8/12/2016. LR 26-3 does not permit the moving party to file a reply to the non-moving party's response in discovery. New pretrial and trial dates to be set. Karen Ford present as counsel for plaintiff. Barrett Mersereau and Casey Murdock present as counsel for defendants. Court Reporter: Hearing was not recorded. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 47
Scheduling Order by Magistrate Judge Mark D. Clarke. A telephonic Scheduling Conference is set for 7/1/2016 at 10:00AM inbefore Magistrate Judge Mark D. Clarke to discuss privilege log issues and scheduling. The Court will initiate the call at the numbers provided, unless otherwise informed. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 46
Reply in Support of to Motion For Relief From Order #38 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Stephen Robert Hedlund. (Attachments: #1 Declaration of Counsel) (Murdock, Casey)
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Filing 45
Supplemental Response in Opposition to Motion For Relief From Order #38 . Filed by James L. Wenzel. (Attachments: #1 Declaration of Counsel ISO Supplemental Response) (Ford, Karen)
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Filing 44
MINUTE ORDER: Plaintiff's request for leave to supplement #43 is granted. Plaintiff may file a supplemental response to defendant's motion for relief from order #38 by 5pm on Wednesday, June 15, 2016. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 43
Memorandum in Opposition Request for Leave to Supplement to Motion For Relief From Order #38 . Filed by James L. Wenzel. (Attachments: #1 Exhibit Declaration of counsel ISO Request for Leave) (Ford, Karen)
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Filing 42
Certificate of Service by Stephen Robert Hedlund of Motion For Relief From Order #38 Filed by Stephen Robert Hedlund. (Murdock, Casey)
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Filing 41
Response in Opposition to Motion For Relief From Order #38 . Filed by James L. Wenzel. (Attachments: #1 Exhibit Declaration of Counsel, #2 Exhibit Declaration of James Wenzel) (Ford, Karen)
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Filing 40
Response to Motion For Relief From Order #38 . Filed by Klamath County Fire District No. 1, Jim Toddy. (Mersereau, Barrett)
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Filing 39
ORDER: The Court has received defendant Hedlund's Motion for Relief from Order #38 . At a phone conference held on May 19, the Court indicated that it would allow the parties to file further briefing before ordering the defendants to produce potentially privileged documents. The Court did not indicate that further briefing on the sufficiency of the privilege log would be allowed. However, the Court has reviewed the defendant's motion that raises or clarifies legitimate issues for the Court's consideration. Plaintiff may file a response to the motion, if any, by June 10, 2016. Defendants KCFD1 and Toddy may also file a brief on this issue by the same date. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 38
Motion For Relief From Order. Oral Argument requested. Filed by Stephen Robert Hedlund. (Moore, Bernard)
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Filing 37
MINUTES of Proceedings: Telephonic Status Conference held. Defense counsel Mr. Moore and Mr. Mersereau represented to the court that none of the documents over which a privilege is asserted will be used in litigation. Further, counsel indicated that, other than the documents listed in the privilege log, no other documents exist to their knowledge that are being claimed as privileged, and therefore withheld from discovery. The court took under advisement the issue regarding the sufficiency of the privilege log. Please see the attached Order. Karen Ford present as counsel for plaintiff. Brett Mersereau and Bernard Moore present as counsel for defendants. Court Reporter: Hearing was not recorded. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 36
Scheduling Order by Magistrate Judge Mark D. Clarke. A telephonic Status Conference is set for 5/20/2016 at 10:00AM in Medford before Magistrate Judge Mark D. Clarke. The Court will initiate the call at the numbers provided, unless otherwise informed. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 35
Stipulated Protective Order. Please access entire text by document nubmer hyperlink. Signed on 05/17/2016 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 34
MINUTES of Proceedings: Telephonic Status Conference held regarding discovery and deposition issues. Karen Ford present as counsel for plaintiff. Barrett Merserau and Bernie Moore present as counsel for defendants. Court Reporter: Hearing was not recorded. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 33
Scheduling Order by Magistrate Judge Mark D. Clarke. The telephonic Status Conference set for 04/12/2016 at 9:00 AM has been RESET for 4/12/2016 at 10:30AM in Medford before Magistrate Judge Mark D. Clarke. The Court will initiate the call at the numbers provided, unless otherwise informed. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 32
Scheduling Order by Magistrate Judge Mark D. Clarke. At the request of the parties, a telephonic Status Conference is set for 4/12/2016 at 09:00AM before Magistrate Judge Mark D. Clarke. The Court will initiate the call at the numbers provided, unless otherwise informed. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 31
MINUTE ORDER: After reviewing the submitted documents in camera and hearing the parties' arguments, the Court finds that the Plaintiff has shown good cause to protect the confidential nature of the information in question. The Court is inclined to sign the protective order as submitted by Plaintiff. However, if defendants have specific objections to the terms of the order, they may submit such objections to the Court in writing by Friday, April 14, 2016. After the protective order is in place, if a request is made by a member of the media or other third party or member of the public for the information to be disclosed, the third party may petition the Court to lift the protective order for good cause shown. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 30
MINUTES of Proceedings: Telephonic Status Conference held. Court took request for Protective Order under advisement. Parties are to transmit documents for in camera review. Karen Ford present as counsel for plaintiff. Barrett Merserau and Bernie Moore present as counsel for defendants. Court Reporter: Hearing was not recorded. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 29
Scheduling Order by Magistrate Judge Mark D. Clarke. The telephonic Status Conference is reset for 3/31/2016 at 02:00PM before Magistrate Judge Mark D. Clarke. The Court will initiate the call at the numbers provided, unless otherwise informed. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 28
MINUTES of Proceedings: Telephonic Status Conference held. Plaintiff's counsel not available at the phone on the docket. Court will reset hearing at a later time. Counsel available at a phone that was not previously disclosed as counsel for plaintiff. Barrett Merserau and Bernie Moore present as counsel for defendants. Court Reporter: Hearing was not recorded. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 27
Scheduling Order by Magistrate Judge Mark D. Clarke. At the request of counsel, the telephonic status conference originally set for 04/04/2016 at 9:00 AM has been RESET for 3/28/2016 at 10:00AM in Medford before Magistrate Judge Mark D. Clarke. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 26
Scheduling Order by Magistrate Judge Mark D. Clarke. At the request of the parties, a telephonic Status Conference is set for 4/4/2016 at 09:00AM in Medford before Magistrate Judge Mark D. Clarke. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 25
Trial Management Order for Jury Trial commencing on 01/17/2017. Pretrial Documents are due by 12/16/2016; 12/23/2016 and 12/30/2016. Please access entire text by document number hyperlink. Signed on 03/08/2016 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 24
MINUTES of Proceedings: Telephonic Status Conference held. Discovery is to be completed by 8/1/2016. Pretrial Order or Dispositive Motions are due by 9/1/2016. An in-person Pretrial Conference is set for 1/9/2017 at 10:00AM in Medford before Magistrate Judge Mark D. Clarke. A 4-day Jury Trial is set for 1/17/2017 at 09:00AM in Medford before Magistrate Judge Mark D. Clarke. Amended Trial Management Order to follow. Karen Ford present as counsel for plaintiff. Barrett Merserau and Bernard Moore present as counsel for defendant. Court Reporter: Hearing was not recorded. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 23
Scheduling Order by Magistrate Judge Mark D. Clarke. The clerk inadvertently set the date of the beginning of Pretrial Documents to be due 09/16/2016. The actual correct date is: Pretrial Documents are due by 9/16/2016; 09/23/2016 and 09/30/2016. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 22
Trial Management Order for 5-day Jury Trial commencing on October 17, 2016. Pretrial Documents are due by 9/16/2016; 09/23/2016; and 09/30/2016. Signed on 11/16/2015 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 21
MINUTES of Proceedings: Telephonic Rule 16 Conference held. Discovery is to be completed by 6/1/2016. At the request of the Court, a telephonic Status Conference is set for 3/7/2016 at 10:00AM before Magistrate Judge Mark D. Clarke. The Court will initiate the call at the numbers provided, unless otherwise informed. Dispositive Motions or Pretrial Order are due by 7/1/2016. An in-person Pretrial Conference is set for 10/11/2016 at 10:00AM in Medford before Magistrate Judge Mark D. Clarke. A 5-day Jury Trial is set for 10/17/2016 at 09:00AM in Medford before Magistrate Judge Mark D. Clarke. Trial Management Order to follow. Karen Ford present as counsel for plaintiff. Barrett Mersereau and Bernie Moore present as counsel for defendant. Court Reporter: Hearing was not recorded. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 20
Scheduling Order by Magistrate Judge Mark D. Clarke. Due to the unavailability of the Court, the telephonic Rule 16 Conference set for 11/02/2015 at 9:00 AM has been RESET for 11/9/2015 at 10:00AM before Magistrate Judge Mark D. Clarke. The Court will initiate the call at the numbers provided, unless otherwise informed. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 19
RECORD OF ORDER by Magistrate Judge Mark D. Clarke: SETTING a telephonic Rule 16 Conference for November 2, 2015, at 9:00 AM The Court will initiate the call at the numbers provided, unless otherwise informed. The parties shall consult pursuant to FRCP 26(f) regarding a focused and proportional discovery plan prior to the Conference. Under LR 26.1(b) a written report is not required. However, the parties should be prepared to briefly summarize the issues in the case and give the Court a realistic picture of what discovery needs to be completed. The ultimate goal of the discovery plan shall be "the just, speedy, and inexpensive determination" of the action. FRCP 1. If depositions are anticipated, the parties should confer prior to the Conference and, if possible, have the depositions scheduled or ready to be scheduled at the conference. Parties shall confer prior to the conference regarding any potential pleading motions and be prepared to discuss those with the Court. At the time of the Conference, parties should have their calendars available to discuss scheduling matters, including modification of the current case deadlines, dispositive motions, and setting a trial date. The parties should also be prepared to discuss consents to Magistrate Judge, settlement options, and any other issues that may have arisen. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 18
Answer to #1 Complaint, . Filed by Jim Toddy. (Mersereau, Barrett)
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Filing 17
Notice of Appearance of Barrett C. Mersereau appearing on behalf of Jim Toddy Filed by on behalf of Jim Toddy (Mersereau, Barrett)
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Filing 16
Affidavit of Service upon All Defendants Case Documents Filed by James L. Wenzel. (Ford, Karen)
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Filing 15
Return of Service Executed as to Stephen Robert Hedlund. (Ford, Karen)
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Filing 14
Return of Service Executed as to Board of Directors of Klamath County Fire District No. 1. (Ford, Karen)
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Filing 13
Return of Service Executed as to Klamath County Fire District No. 1. (Ford, Karen)
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Filing 12
Return of Service Executed as to Jim Toddy served on 7/28/2015, answer due on 8/18/2015. (Ford, Karen)
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Filing 11
Answer to #1 Complaint, . Filed by Stephen Robert Hedlund. (Moore, Bernard)
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Filing 10
Answer to #1 Complaint, . Filed by Board of Directors of Klamath County Fire District No. 1, Klamath County Fire District No. 1. (Mersereau, Barrett)
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Filing 9
Summons Issued Electronically as to Board of Directors of Klamath County Fire District No. 1, Stephen Robert Hedlund, Klamath County Fire District No. 1, Jim Toddy. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons) (jkm)
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Filing 8
Amended Proposed Summons Jim Toddy Filed by James L. Wenzel. (Ford, Karen)
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Filing 7
Amended Proposed Summons Stephen Hedlund Filed by James L. Wenzel. (Ford, Karen)
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Filing 6
Amended Proposed Summons Board of Directors Klamath County Fire District 1 Filed by James L. Wenzel. (Ford, Karen)
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Filing 5
Amended Proposed Summons Klamath County Fire District 1 Filed by James L. Wenzel. (Ford, Karen)
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Filing 4
Scheduling Order by Magistrate Judge Mark D. Clarke regarding Discovery order,, #3 . Dispositive Motions are due by 12/21/2015. Ordered by Magistrate Judge Mark D. Clarke. (jkm)
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Filing 3
Notice of Case Assignment to Magistrate Judge Mark D. Clarke and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 11/20/2015. Joint Alternate Dispute Resolution Report is due by 12/21/2015. Pretrial Order is due by 12/21/2015. Dispositive Motions are due 12/21/15. Ordered by Magistrate Judge Mark D. Clarke. (jkm)
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Filing 2
Proposed Summons Filed by James L. Wenzel. (Ford, Karen)
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Filing 1
Complaint. and Jury Demand Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-4208893 Jury Trial Requested: Yes. Filed by James L. Wenzel against All Defendants. (Ford, Karen) (Additional attachment(s) added on 7/23/2015: #1 Civil Cover Sheet) (sm).
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