Markell v. Kaiser Foundation Health Plan of the Northwest
Plaintiff: Jean Clair Markell
Defendant: Kaiser Foundation Health Plan of the Northwest and Kaiser Foundation Health Care of the Northwest
Case Number: 3:2008cv00752
Filed: June 20, 2008
Court: US District Court for the District of Oregon
Office: Portland Office
County: Multnomah
Presiding Judge: Paul Papak
Nature of Suit: Civil Rights: Employment
Cause of Action: 29 U.S.C. § 626
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 22, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 22, 2010 Filing 74 MANDATE of USCA for the 9th Circuit re Notice of Appeal (#69 ), USCA #09-36007. The judgment of this Court, entered November 29, 2010, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. The decision of the District Court is AFFIRMED. Costs awarded to appellee in the amount of $123.60. (Attachments: #1 Memorandum) (eo)
May 20, 2010 Opinion or Order Filing 73 Order from USCA for the 9th Circuit re Notice of Appeal #69 , the opening brief #11 submitted by Jean Clair Markell is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a blue cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. (din)
May 20, 2010 Opinion or Order Filing 72 Order from USCA for the 9th Circuit re Notice of Appeal #69 , the appellant's opposed motion for leave to file a late brief is granted. The previously submitted opening brief is ordered filed. The answering brief is due June 21, 2010, and the optional reply brief is due within 14 days after service of the answering brief. The appellee's motion to dismiss this appeal is denied. The appellee's motion for the imposition of sanctions on appellant's counsel is denied. (din)
November 12, 2009 Filing 71 Notification from USCA 9th Circuit of appeal number CA 09-36007 for Notice of Appeal #69 filed by Jean Clair Markell on 11/10/09, including Time Schedule Order. (tomg)
November 12, 2009 Filing 70 Notice of Appearance of P.K. Runkles-Pearson appearing on behalf of Kaiser Foundation Health Plan of the Northwest Filed by on behalf of Kaiser Foundation Health Plan of the Northwest (Runkles-Pearson, P.K.)
November 10, 2009 Filing 69 Notice of Appeal to USCA 9th Circuit from Judgment #68 entered 10/20/09. Filed by Jean Clair Markell. (tomg)
November 10, 2009 USCA Appeal Fees re Notice of Appeal #69 : Received Fee in amount of $ 455.00. Receipt number 30031 issued. Court of Appeals notified. (tomg)
October 20, 2009 Filing 68 Judgment: This action is Dismissed with prejudice. Signed on 10/20/09 by Judge Malcolm F. Marsh. (gm)
October 15, 2009 Opinion or Order Filing 67 ORDER: Adopting the Magistrate's Findings and Recommendation #63 : Defendant's renewed first Motion for Summary Judgment #14 is Denied; Defendant's second Motion for Summary Judgment #34 is Granted. Signed on 10/15/09 by Judge Malcolm F. Marsh. (gm)
October 2, 2009 Filing 66 Response to Objections to Magistrate Judges Order. Filed by Kaiser Foundation Health Plan of the Northwest. (Gibson, Ryan)
September 22, 2009 Filing 65 Objections to Findings & Recommendation: Motion for Summary Judgment on Established Factual Record #34 , Motion for Summary Judgment #14 should be grantedFindings & Recommendation: Motion for Summary Judgment on Established Factual Record #34 , Motion for Summary Judgment #14 should be granted #63 . Filed by Jean Clair Markell. (Solomon, Glenn)
September 14, 2009 Opinion or Order Filing 64 CIVIL MINUTES: Record of Order by Judge Paul Papak: Findings and Recommendation #63 is referred to Judge Malcolm F. Marsh for review. Objections, if any, are due 9/28/2009. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due within 10 days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. (gm)
September 14, 2009 Filing 63 Findings & Recommendation: Kaiser's first-filed Motion for Summary Judgment #14 should be denied, and Kaiser's second Motion for Summary Judgment on Established Factual Record #34 should be granted. A final judgment should be prepared. Objections to the Findings and Recommendation are due by 9/28/2009. Signed on 9/14/09 by Magistrate Judge Paul Papak. (gm)
July 1, 2009 Filing 62 CIVIL MINUTES: Record of Time Set for Oral Argument on dispositive motions. Counsel for Plaintiff did not appear. Defendant's Motion for Summary Judgment on Established Factual Record #34 will be taken under advisement as of 7/1/2009. No appearance by/on behalf of Plaintiff. Chris Kitchel; Ryan Gibson present as counsel for Defendant. Court Reporter: (None). (gm)
June 26, 2009 Filing 61 Declaration of Kari Engholm. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Reply #56 .) (Gibson, Ryan)
June 26, 2009 Filing 60 Supplemental Declaration of Shawn Ferguson. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Reply #56 .) (Gibson, Ryan)
June 26, 2009 Filing 59 Declaration of Ryan Gibson. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Reply #56 .) (Gibson, Ryan)
June 26, 2009 Filing 58 Objection(s) to Plaintiff's Affidavits. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Affidavit #54 , Affidavit #55 .) (Gibson, Ryan)
June 26, 2009 Filing 57 Response and Reply Re: Plaintiff's Concise Statement of Facts. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Concise Statement of Material Fact #50 .) (Gibson, Ryan)
June 26, 2009 Filing 56 Reply to Plaintiff's Memorandum in Opposition to Defendants Second Motion for Summary Judgment. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Memorandum in Opposition #49 .) (Gibson, Ryan)
June 8, 2009 Filing 55 Affidavit of Kay Holaday. Filed by Jean Clair Markell. (eo)
June 8, 2009 Filing 54 Affidavit of Maria Washington. Filed by Jean Clair Markell. (eo)
June 8, 2009 Filing 53 Third Declaration of Glenn Solomon. Filed by Jean Clair Markell. (eo)
June 8, 2009 Filing 52 Second Declaration of Glenn Solomon. Filed by Jean Clair Markell. (eo)
June 8, 2009 Filing 51 Declaration of Glenn Solomon. Filed by Jean Clair Markell. (eo)
June 4, 2009 Filing 50 Concise Statement of Material Fact. Filed by Jean Clair Markell. (Related document(s): Motion for Summary Judgment #34 .) (Solomon, Glenn)
June 4, 2009 Filing 49 Memorandum in Opposition to Motion for Summary Judgment on Established Factual Record #34 Oral Argument requested. Filed by Jean Clair Markell. (Solomon, Glenn)
May 26, 2009 Filing 48 Memorandum in Support of Motion for Summary Judgment (Motion for Reconsideration). Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Scheduling, 45 , Motion for Summary Judgment #14 .) (Gibson, Ryan)
May 19, 2009 Opinion or Order Filing 47 Stipulated Protective Order. Signed on 5/19/09 by Judge Paul Papak. (gm)
May 15, 2009 Filing 46 Motion for Protective Order (Proposed). Filed by Kaiser Foundation Health Plan of the Northwest. (Gibson, Ryan)
May 13, 2009 Opinion or Order Filing 45 CIVIL MINUTES: Record of Order by Judge Malcolm F. Marsh: Defendant's Motion for Reconsideration #43 of Order #32 Adopting the Magistrate's Findings and Recommendation #30 is Granted. Defendant's brief in support of its Motion for Summary Judgment #14 shall be filed by 5/26/2009. Plaintiff's response shall be filed by 6/4/2009. Defendant's Motion for Summary Judgment #14 will be taken under advisement as of 6/5/2009. (gm)
May 8, 2009 Filing 44 Memorandum in Support of Motion for Reconsideration. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Reconsideration #43 .) (Gibson, Ryan)
May 8, 2009 Filing 43 Motion for Reconsideration of Order on motion for summary judgment, Order on Findings & Recommendation #32 . Filed by Kaiser Foundation Health Plan of the Northwest. (Gibson, Ryan)
March 30, 2009 Opinion or Order Filing 42 CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting in Part Plaintiff's Motion for a Continuance to Conduct Discovery #40 as follows and as modified: Plaintiff will have until 5/29/2009 to conduct further discovery. Response to pending dispositive motion due by 6/12/2009. Reply to response to pending dispositive motion due by 6/26/2009. Order: Resetting Defendant's Motion for Summary Judgment #14 from 4/14/2009 at 10:00AM to the Oral Argument Calendar of 7/1/2009 at 10:00AM in Courtroom 10-B. (gm)
March 27, 2009 Filing 41 Response in Opposition to Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment on Established Factual Record #34 #40 . Filed by Kaiser Foundation Health Plan of the Northwest. (Gibson, Ryan)
March 25, 2009 Filing 40 Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment on Established Factual Record #34 . Filed by Jean Clair Markell. (Solomon, Glenn)
March 23, 2009 Filing 39 CIVIL MINUTES: Record of Proceedings before Judge Paul Papak: Rule 16 Conference held 3/23/09. Glenn Solomon (by telephone) present as counsel for plaintiff(s). Chris Kitchel; Ryan Gibson present as counsel for defendant(s). Court Reporter: (None). (gm)
March 10, 2009 Opinion or Order Filing 38 CIVIL MINUTES: Record of Order by Judge Paul Papak: Setting Defendant's Motion for Summary Judgment on Established Factual Record #34 on the Oral Argument Calendar of 4/14/2009 at 10:00AM in Courtroom 10-B. (gm)
March 9, 2009 Filing 37 Declaration of Shawn Ferguson in Support of Summary Judgment on Established Factual Record. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Summary Judgment #34 .) (Attachments: #1 Exhibit 1 Part 1, #2 Exhibit 1 Part 2, #3 Exhibit 1 Part 3) (Gibson, Ryan)
March 9, 2009 Filing 36 Concise Statement of Material Fact re Motion for Summary Judgment on Established Factual Record. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Summary Judgment #34 .) (Gibson, Ryan)
March 9, 2009 Filing 35 Memorandum in Support of Motion for Summary Judgment on Established Factual Record. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Summary Judgment #34 .) (Gibson, Ryan)
March 9, 2009 Filing 34 Motion for Summary Judgment on Established Factual Record. Oral Argument requested. Filed by Kaiser Foundation Health Plan of the Northwest. (Gibson, Ryan)
March 2, 2009 Opinion or Order Filing 33 CIVIL MINUTES: Record of Order by Judge Paul Papak: Rule 16 Conference set for 3/23/2009 at 10:00AM in Chambers. Local Rules 16.2(b) and 26.1(a)(b) require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. If consents are going to be filed, it is helpful if they are filed prior to the time of the conference, particularly if a firm trial date is desired. (gm)
February 27, 2009 Opinion or Order Filing 32 ORDER: Adopting the Magistrate's Findings and Recommendation #30 : Defendant's Motion for Summary Judgment #14 is Denied. Signed on 2/27/09 by Judge Malcolm F. Marsh. (gm)
February 25, 2009 Opinion or Order Filing 31 CIVIL MINUTES: Record of Order by Judge Paul Papak: Findings & Recommendation #30 is referred to Judge Malcolm F. Marsh for review. Objections/Responses have not been filed. (gm)
February 10, 2009 Filing 30 Findings & Recommendation: Defendant's Motion for Summary Judgment #14 should be denied. Objections to the Findings and Recommendation are due by 2/24/2009. Response to Objections to the Findings and Recommendation are due by 3/10/2009. Signed on 2/9/09 by Magistrate Judge Paul Papak. (gm)
January 16, 2009 Filing 29 CIVIL MINUTES: Record of Proceedings before Judge Paul Papak: Oral Argument held 1/16/09. Order: Defendant's Motion for Summary Judgment #14 is taken under advisement as of 1/16/2009. Glenn Solomon present as counsel for plaintiff(s). Chris Kitchel; Ryan Gibson present as counsel for defendant(s). Court Reporter: Nancy Walker. (gm)
January 6, 2009 Opinion or Order Filing 28 CIVIL MINUTES: Record of Order by Judge Paul Papak: Resetting Defendant's Motion for Summary Judgment #14 from 1/14/2009 at 10:00AM to the Oral Argument Calendar of 1/16/2009 at 10:00AM in Courtroom 10-B. (gm)
January 5, 2009 Opinion or Order Filing 27 CIVIL MINUTES: Record of Order by Judge Paul Papak: Resetting Defendant's Motion for Summary Judgment #14 from 12/22/2008 at 11:00AM to the Oral Argument Calendar of 1/14/2009 at 10:00AM in Courtroom 10-B. (gm)
December 16, 2008 Opinion or Order Filing 26 CIVIL MINUTES: Record of Order by Judge Paul Papak: Resetting Defendant's Motion for Summary Judgment #14 from 12/15/2008 at 10:00AM to the Oral Argument Calendar of 12/22/2008 at 11:00AM in Courtroom 10-B. Plaintiff's counsel will appear by telephone. (gm)
December 10, 2008 Filing 25 Reply and Response re Plaintiff's Response to Concise Statement of Material Facts. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Response to Concise Statement of Material Facts #23 .) (Gibson, Ryan)
December 10, 2008 Filing 24 Reply to Plaintiff's Memorandum in Opposition to Motion for Summary Judgment #14 . Filed by Kaiser Foundation Health Plan of the Northwest. (Gibson, Ryan)
December 1, 2008 Filing 23 Response to Concise Statement of Material Facts regarding Motion for Summary Judgment #14 . Filed by Jean Clair Markell. (Attachments: #1 Attachment Solomon Declaration and Exhibit) (Solomon, Glenn)
December 1, 2008 Filing 22 Memorandum in Opposition Oral Argument requested. Filed by Jean Clair Markell. (Solomon, Glenn)
November 24, 2008 Opinion or Order Filing 21 CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting Plaintiff's Unopposed Motion for Extension of Time #20 as follows: Responses to Dispositive Motions are due by 12/1/2008. Replies to Dispositive Motions are due by 12/10/2008. Oral argument on dispositive motions remains set for 12/15/2008 at 10:00AM. (gm)
November 24, 2008 Filing 20 Motion for Extension of Time. Filed by Jean Clair Markell. (Solomon, Glenn)
November 12, 2008 Opinion or Order Filing 19 CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting Defendant's unopposed Telephonic Request of 11/12/08 for extension of time as follows: Responses to Dispositive Motions are due by 11/24/2008. Replies to Dispositive Motions are due by 12/9/2008. Order: Resetting Defendant's Motion for Summary Judgment #14 from 12/2/2008 at 10:00AM to the Oral Argument Calendar of 12/15/2008 at 10:00AM in Courtroom 10-B. (gm)
October 30, 2008 Opinion or Order Filing 18 CIVIL MINUTES: Record of Order by Judge Paul Papak: Setting Defendant's Motion for Summary Judgment #14 on the Oral Argument Calendar of 12/2/2008 at 10:00AM in Courtroom 10-B. (gm)
October 28, 2008 Filing 17 Declaration of Shawn Ferguson in Suppot of Kaiser's Motion for Summary Judgment. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Summary Judgment #14 .) (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3) (Gibson, Ryan)
October 28, 2008 Filing 16 Memorandum in Support of Motion for Summary Judgment. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Summary Judgment #14 .) (Gibson, Ryan)
October 28, 2008 Filing 15 Concise Statement of Material Fact. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Summary Judgment #14 .) (Gibson, Ryan)
October 28, 2008 Filing 14 Motion for Summary Judgment. Oral Argument requested. Filed by Kaiser Foundation Health Plan of the Northwest. (Gibson, Ryan)
October 6, 2008 Filing 13 CIVIL MINUTES: Record of Proceedings before Judge Paul Papak: Rule 16 Conference held 10/6/08. Order: The Rule 16 Conference will be reset, if necessary, after early dispositive motions are decided. Glenn Solomon (by telephone) present as counsel for plaintiff(s). Chris Kitchel; Ryan Gibson present as counsel for defendant(s). Court Reporter: (None). (gm)
August 15, 2008 Opinion or Order Filing 12 CIVIL MINUTES: Record of Order by Judge Paul Papak: Rule 16 Conference set for 10/6/2008 at 1:30PM in Chambers. Local Rules 16.2(b) and 26.1(a)(b) require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. If consents are going to be filed, it is helpful if they are filed prior to the time of the conference, particularly if a firm trial date is desired. (gm)
August 15, 2008 Filing 11 Corporate Disclosure Statement. Filed by Kaiser Foundation Health Plan of the Northwest. (Alifanz, Marc)
August 15, 2008 Filing 10 Fed. R. Civ. P. 26(a)(1) Agreement. Filed by Kaiser Foundation Health Plan of the Northwest. (Alifanz, Marc)
August 15, 2008 Filing 9 Answer to Amended Complaint and Affirmative Defenses. Filed by Kaiser Foundation Health Plan of the Northwest. (Alifanz, Marc)
August 13, 2008 Filing 8 Amended Complaint.Filed by Jean Clair Markell against all plaintiffs. (Solomon, Glenn)
August 8, 2008 Opinion or Order Filing 7 CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting Defendant's Unopposed Motion for Extension of Time to Answer #6 as follows: Answer deadline reset to 8/18/2008 for Defendant Kaiser Foundation Health Care of the Northwest. (gm)
August 7, 2008 Filing 6 Unopposed Motion for Extension of Time to Answer. Filed by Kaiser Foundation Health Care of the Northwest. (Alifanz, Marc)
July 30, 2008 Opinion or Order Filing 5 CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting Defendant's unopposed E-mail Request dated 7/28/08 for extension of time to answer as follows: Answer deadline reset to 8/7/2008 for Defendant Kaiser Foundation Health Care of the Northwest. (gm)
July 15, 2008 Opinion or Order Filing 4 CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting Defendant's Unopposed Motion for Extension of Time to Appear (Answer) #3 as follows: Answer deadline reset to 7/28/2008 for Defendant Kaiser Foundation Health Care of the Northwest. (gm)
July 15, 2008 Filing 3 Unopposed Motion for Extension of Time to Appear. Filed by Kaiser Foundation Health Care of the Northwest. (Kitchel, Chris)
June 20, 2008 Opinion or Order Filing 2 Discovery and Pretrial Scheduling Order and Notice of Case Assignment to the Honorable Paul Papak. Discovery is to be completed by 10/20/2008. Joint Alternate Dispute Resolution Report is due by 11/17/2008. Pretrial Order is due by 11/17/2008. Ordered by Judge Paul Papak. (eo)
June 20, 2008 Filing 1 Complaint. Filing Fee in amount of $350 collected. Receipt No. 21800 issued. Summons issued as to Kaiser Foundation Health Care of the Northwest. Jury Trial Requested: Yes. Filed by Jean Clair Markell against Kaiser Foundation Health Care of the Northwest. (Attachments: #(1) Civil Cover Sheet; #(2) Issued Summons) (eo)

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Plaintiff: Jean Clair Markell
Represented By: Glenn N. Solomon
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Defendant: Kaiser Foundation Health Plan of the Northwest
Represented By: P.K. Runkles-Pearson
Represented By: Ryan S. Gibson
Represented By: Marc E. Alifanz
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Defendant: Kaiser Foundation Health Care of the Northwest
Represented By: Marc E. Alifanz
Represented By: Chris Kitchel
Represented By: Ryan S. Gibson
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