Guild For Professional Pharmacists v. Kaiser Foundation Hospitals et al
Guild For Professional Pharmacists |
Kaiser Foundation Hospitals and Kaiser Foundation Health Plan of the Northwest |
3:2010cv00864 |
July 23, 2010 |
US District Court for the District of Oregon |
Portland Office |
John Jelderks |
Labor: Labor/Mgt. Relations |
28 U.S.C. § 2201 |
Both |
Docket Report
This docket was last retrieved on August 10, 2012. A more recent docket listing may be available from PACER.
Document Text |
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Filing 64 MINUTES of Proceedings: Telephone Status Conference held. Magistrate Judge John Jelderks presiding. ORDER: The court having considered the Plaintiff's Objection to Defendants' Bill of Costs and the parties written arguments, costs are awarded to Defendants in the amount of $7443.27. David Hollander, Jovanna Patrick present as counsel for plaintiff(s). Jamie Kilberg present as counsel for defendant(s).(Court Reporter None.) (jtj) Modified on 8/13/2012 (tg). |
Filing 63 Scheduling Order : Status Conference is set for 8/10/2012 at 03:30 PM by Telephone before Magistrate Judge John Jelderks. *The court will initiate calls to counsel. Ordered by Magistrate Judge John Jelderks. (jtj) |
Filing 62 Reply in Support of Defendants' Bill of Costs. Filed by Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Hospitals. (Related document(s): Bill of Costs, #57 .) (Kisch, Victor) |
Filing 61 Objections to Defendants' Bill of Costs #57 . (Attachments: #1 Attachment Certificate of Service) (Hollander, David) Modified to remove duplicate text and add link on 7/24/2012 (sss). |
Filing 60 ORDER: Granting Motion for Extension of Time #58 . Cost Bill Objection due by 7/23/2012. Signed on 7/12/2012 by Magistrate Judge John Jelderks. (jtj) |
Filing 59 Declaration of David J. Hollander . Filed by Guild For Professional Pharmacists. (Related document(s): Motion for Extension of Time #58 .) (Attachments: #1 Attachment Certificate of Service) (Hollander, David) |
Filing 58 Unopposed Motion for Extension of Time . Filed by Guild For Professional Pharmacists. (Attachments: #1 Attachment Certificate of Service) (Hollander, David) |
Filing 57 Bill of Costs . Filed by Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Hospitals. (Attachments: #1 Exhibit Cost Detail Chart, #2 Exhibit Copies, #3 Exhibit Depo transcripts, #4 Exhibit Trial transcript, #5 Exhibit OSB Article) (Kisch, Victor) |
Filing 56 Judgment of Dismissal in favor of Defendants. See Judgment for details. Signed on 6/20/2012 by Magistrate Judge John Jelderks. (jtj) |
Filing 55 Findings of Fact and Conclusions of Law. Signed on 6/4/2012 by Magistrate Judge John Jelderks. (jtj) |
Filing 54 Trial Brief Plaintiff's Rebuttal Closing Argument. Filed by Guild For Professional Pharmacists. (Attachments: #1 Certificate of Service) (Hollander, David) |
Filing 53 Supplemental Trial Brief Defendants' Rebuttal to Plaintiff's Closing Argument. Filed by All Defendants. (Kilberg, Jamie) |
Filing 52 Trial Brief Defendants' Post-Trial Brief/Closing Argument. Filed by All Defendants. (Attachments: #1 Demonstrative Exhibit A, #2 Demonstrative Exhibit B) (Kilberg, Jamie) |
Filing 51 Trial Brief Plaintiff's Closing Argument. Filed by Guild For Professional Pharmacists. (Attachments: #1 Certfiicate of Service) (Hollander, David) |
Filing 50 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Trial, Day 3 held on March 8, 2012 before Judge John Jelderks, Court Reporter Nancy M. Walker, telephone number 503-326-8186. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterward it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/26/2012. Redaction Request due 4/9/2012. Redacted Transcript Deadline set for 4/19/2012. Release of Transcript Restriction set for 6/18/2012. (Walker, Nancy) |
Filing 49 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Trial, Day 2, held on March 6, 2012 before Judge John Jelderks, Court Reporter Nancy M. Walker, telephone number 503-326-8186. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterward it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/26/2012. Redaction Request due 4/9/2012. Redacted Transcript Deadline set for 4/19/2012. Release of Transcript Restriction set for 6/18/2012. (Walker, Nancy) |
Filing 48 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Trial, Day 1, held on March 5, 2012 before Judge John Jelderks, Court Reporter Nancy M. Walker, telephone number 503-326-8186. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterward it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/26/2012. Redaction Request due 4/9/2012. Redacted Transcript Deadline set for 4/19/2012. Release of Transcript Restriction set for 6/18/2012. (Attachments: #1 Index) (Walker, Nancy) |
Filing 47 MINUTES of Proceedings: Day 3 of Court Trial held- Trial completed. Witnesses sworn and testimony adduced. ORDER: Plaintiff's Exhibit 46 and Defendants' Exhibits 45, 55 and 116 are offered and received into evidence. At the close of Plaintiff's case, Defendants raise Motion under Rule 52(c), which is denied. At the close of the case, Defendants raise Motion for Dismissal, which is denied. Plaintiff raises Motion under Rule 52(c) for affirmative defenses of of statute of limitations and laches, which is denied. Counsel shall submit initial closing argument post-trial briefs within 2 weeks, by 3/21/2012. Responses due within 1 week, by 3/28/2012. This case will go under advisement upon the submission of the response briefs. David Hollander, Dan LaRue, Jovanna Patrick present as counsel for plaintiff(s). Victor Kisch, Jamie Kilberg present as counsel for defendant(s). Court Reporter: Nancy Walker. Magistrate Judge John Jelderks presiding. (jtj) |
Filing 46 MINUTES of Proceedings: Day 2 of Court Trial held. Witnesses sworn and testimony adduced. ORDER: Plaintiff's Exhibit 54 and Defendants' Exhibits 104 and 115 are offered and received into evidence. Trial will reconvene at 8:30 AM on 3/7/2012 in Courtroom 13B before Magistrate Judge John Jelderks. David Hollander, Dan LaRue, Jovanna Patrick present as counsel for plaintiff(s). Victor Kisch, Jamie Kilberg present as counsel for defendant(s). Court Reporter: Nancy Walker. Magistrate Judge John Jelderks presiding. (jtj) |
Filing 45 MINUTES of Proceedings: Day 1 of Court Trial held. Opening statements made by counsel. Witness sworn and testimony adduced. ORDER: Stipulated Exhibits 1, 2, 5-44, 49-52, and 102-113 offered and received. Plaintiff's Exhibits 3, 4, 48, and Defendant's Exhibit 114 are also offered and received into evidence. Precise testimony given by witness not be discussed with other witnesses. Trial will reconvene at 9:00 AM on 3/6/2012 in Courtroom 13B before Magistrate Judge John Jelderks. David Hollander, Dan LaRue, Jovanna Patrick present as counsel for plaintiff(s). Victor Kisch, Jamie Kilberg present as counsel for defendant(s). Court Reporter: Nancy Walker. Magistrate Judge John Jelderks presiding. (jtj) Modified on 3/7/2012 to remove second mentioning of 9:00 AM (jtj). |
Filing 44 Joint Stipulation by All Parties. Filed by All Parties. (Kilberg, Jamie) |
Filing 43 Amended Exhibit List by Defendants. Filed by Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Hospitals. (Kilberg, Jamie) |
Filing 42 Exhibit List Plaintiff's Second Amended Exhibit List. Filed by Guild For Professional Pharmacists. (Attachments: #1 Attachment Certificate of Service) (Hollander, David) |
Filing 41 Certificate of Service by Guild For Professional Pharmacists Filed by Guild For Professional Pharmacists. (Hollander, David) |
Filing 40 Proposed Findings of Fact . Filed by Guild For Professional Pharmacists. (Hollander, David) |
Filing 39 Exhibit List Plaintiff's Amended Exhibit List. Filed by Guild For Professional Pharmacists. (Attachments: #1 Attachment) (Hollander, David) |
Filing 38 Trial Memorandum . Filed by Guild For Professional Pharmacists. (Attachments: #1 Attachment Certificate of Service) (Hollander, David) |
Filing 37 Witness List Plaintiff's Witness List and Summary of Testimony. Filed by Guild For Professional Pharmacists. (Attachments: #1 Attachment Certificate of Service) (Hollander, David) |
Filing 36 Exhibit List . Filed by Guild For Professional Pharmacists. (Attachments: #1 Attachment Certificate of Service) (Hollander, David) |
Filing 35 Proposed Findings of Fact and Conclusions of Law. Filed by Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Hospitals. (Kilberg, Jamie) |
Filing 34 Exhibit List . Filed by Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Hospitals. (Kilberg, Jamie) |
Filing 33 Witness List and Summaries. Filed by Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Hospitals. (Kilberg, Jamie) |
Filing 32 Trial Memorandum . Filed by Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Hospitals. (Attachments: #1 Exhibit 2-2/27/2009 Letter, #2 Exhibit 3-3/19/2009 Memorandum, #3 Exhibit 4-3/30/2009 Memorandum, #4 Exhibit 8-Agreement, #5 Exhibit 10-Proposal, #6 Exhibit 13-Proposal, #7 Exhibit 14-Proposal, #8 Exhibit 15-Proposal, #9 Exhibit 16-Proposal, #10 Exhibit 17-Proposals, #11 Exhibit 18-Proposal, #12 Exhibit 20-Proposal, #13 Exhibit 21-Proposal, #14 Exhibit 22-Proposal, #15 Exhibit 23-Proposal, #16 Exhibit 24-Proposals, #17 Exhibit 25-Proposal, #18 Exhibit 26-Proposal, #19 Exhibit 27-Email, #20 Exhibit 28-Email, #21 Exhibit 29-Agreement, #22 Exhibit 32-Email, #23 Exhibit 41-Notes, #24 Exhibit 43-Notes, #25 Exhibit 44-Notes, #26 Exhibit 48-9/14/2009 Memorandum, #27 Exhibit 49-Notes, #28 Exhibit 101-2009 Survey Analysis, #29 Attachment Vogel Deposition, #30 Attachment Hertz Deposition, #31 Attachment Barton Deposition, #32 Attachment Myles Deposition, #33 Attachment Dull Deposition, #34 Attachment Logan Deposition, #35 Attachment Arndt Deposition, #36 Attachment Holmes Deposition, #37 Attachment Complaint) (Kilberg, Jamie) |
Filing 31 Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Notice Attorney Association #28 filed by Guild For Professional Pharmacists. A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record:The docket text has been changed to reflect the notice of attorney association was for attorney Jovanna L. Patrick not David J. Hollander as listed. (ecp) |
Filing 30 ORDER: Granting Motion to Withdraw as Counsel of Record #27 . Attorney Anthony Furniss is withdrawn for Plaintiff. Signed on 2/27/2012 by Magistrate Judge John Jelderks. (jtj) |
Filing 29 Certificate of Service by Guild For Professional Pharmacists Filed by Guild For Professional Pharmacists. (Hollander, David) |
Filing 28 Notice of Association of Attorney Jovanna L. Patrick Filed by Guild For Professional Pharmacists (Hollander, David) Modified on 2/27/2012 (ecp). |
Filing 27 Motion to Withdraw As Counsel of Record. Filed by Guild For Professional Pharmacists. (Hollander, David) |
Filing 26 Notice of Attorney Substitution:Attorney Jamie S. Kilberg is substituted as counsel of record in place of Attorney P.K. Runkles-Pearson Filed by Kaiser Foundation Hospitals, Kaiser Foundation Health Plan of the Northwest (Kilberg, Jamie) |
Filing 25 Court Trial Management Order. Signed on 12/9/2011 by Magistrate Judge John Jelderks. (jtj) |
Filing 24 Scheduling Order: Three day Court Trial is set for 3/5/2012 at 09:00 AM in Judge Jelderks' Courtroom before Magistrate Judge John Jelderks. Pretrial Documents are due by 2/27/2012. Ordered by Magistrate Judge John Jelderks. (jtj) |
Filing 23 MINUTES of Proceedings: Rule 16 Conference held. Magistrate Judge John Jelderks presiding. Potential filing deadlines and trial dates discussed. The court will soon enter a minute order with a firm trial date and deadlines. David J. Hollander present as counsel for plaintiff(s). Victor Joseph Kisch present as counsel for defendant(s). Court Reporter: FTR- J. Jones. (jtj) |
Filing 22 Scheduling Order: Rule 16 Conference is set for 11/21/2011 at 01:30 PM by Telephone before Magistrate Judge John Jelderks. The court will initiate the calls. 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. Ordered by Magistrate Judge John Jelderks. (jtj) |
Filing 21 Scheduling Order by Magistrate Judge John Jelderks. The Pretrial Conference scheduled for 11/7/2011 and 3-day Trial scheduled for 11/15/2011 are hereby STRICKEN from the calendar pending further order of the court. Ordered by Magistrate Judge John Jelderks. (jtj) |
Filing 20 Stipulated Waiver of Trial by Jury. Filed by Guild For Professional Pharmacists. (Hollander, David) |
Filing 19 Notice of Attorney Substitution:Attorney P.K. Runkles-Pearson is substituted as counsel of record in place of Attorney Marc E. AlifanzFiled by Kaiser Foundation Hospitals, Kaiser Foundation Health Plan of the Northwest (Runkles-Pearson, P.K.) |
Filing 18 Jury Trial Management Order. See 5-page order attached. Signed on 5/4/2011 by Magistrate Judge John Jelderks. (mr) |
Filing 17 Scheduling Order by Magistrate Judge John Jelderks. Pretrial Conference is set for 11/7/2011 at 01:30PM in Courtroom 12B before Magistrate Judge John Jelderks. 3-DAY Jury Trial is set for 11/15/2011 at 09:00AM in Courtroom 12B before Magistrate Judge John Jelderks. Jury Trial Management Order to follow. (mr) |
Filing 16 Joint ADR Report. Filed by All Parties.(Alifanz, Marc) |
Filing 15 ORDER: Granting Plaintiff's Unopposed Motion for Extension of Time #13 . Discovery is to be completed by 5/16/2011. Dispositive Motions are due by 6/27/2011. Counsel to confer and let courtroom deputy know of a Tuesday in November which works for counsel for a 4-day trial. The court will issue a trial management order once a trial date has been selected. Ordered by Magistrate Judge John Jelderks. (mr) |
Filing 14 Declaration of David J. Hollander. Filed by Guild For Professional Pharmacists. (Related document(s): Motion for Extension of Time #13 .) (Hollander, David) |
Filing 13 Unopposed Motion for Extension of Time. Filed by Guild For Professional Pharmacists. (Hollander, David) |
Filing 12 Notice of Attorney Withdrawal: Ryan S. Gibson Filed by Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Hospitals (Gibson, Ryan) |
Filing 11 MINUTES of Proceedings: Rule 16 Conference. Magistrate Judge John Jelderks presiding. Discovery is to be completed by 3/15/2011. Dispositive Motions are due by 4/26/2011. Counsel to confer and let courtroom deputy know of a Tuesday in September which works for counsel for a 4-day trial. The court will issue a trial management order once a trial date has been selected. David Hollander present as counsel for plaintiff(s). Marc Alifanz and Victor Kisch present as counsel for defendant(s). Court Reporter: Not reported. (mr) |
Filing 10 Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (cib) |
Filing 9 Scheduling Order by Magistrate Judge John Jelderks. Rule 16 Conference is set for 11/2/2010 at 02:00PM by Telephone before Magistrate Judge John Jelderks. The court will initiate calls to counsel. 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. Ordered by Magistrate Judge John Jelderks. (mr) |
Filing 8 Fed. R. Civ. P. 26(a)(1) Agreement. Filed by Guild For Professional Pharmacists. (cib) |
Filing 7 Notice Certicate of Compliance Pursuant to Rule 26 Filed by Guild For Professional Pharmacists (Attachments: #1 Attachment Certificate of Service) (Hollander, David) |
Filing 6 Answer to #1 Complaint, with Jury Demand and Affirmative Defenses. Filed by Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Hospitals. (Alifanz, Marc) |
Filing 5 ORDER: Granting Defendants' Unopposed Motion for Extension of Time to Appear #4 . Appearance due by 9/21/2010. Ordered by Magistrate Judge John Jelderks. (mr) |
Filing 4 Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Complaint, #1 . Filed by Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Hospitals. (Gibson, Ryan) |
Filing 3 Acknowledgement of Service of Summons Issued, Summons Issued on Kaiser Foundation Health Plan of the Northwest served on 8/17/2010; Kaiser Foundation Hospitals served on 8/17/2010 (Attachments: #1 Attachment Certificate of Service) Filed by Guild For Professional Pharmacists. (Hollander, David) |
Summons Issued as to Kaiser Foundation Hospitals. (ecp) |
Summons Issued as to Kaiser Foundation Health Plan of the Northwest. (ecp) |
Filing 2 Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Magistrate Judge John Jelderks. Discovery is to be completed by 11/23/2010. Joint Alternate Dispute Resolution Report is due by 12/20/2010. Pretrial Order is due by 12/20/2010. (cib) |
Filing 1 Complaint. Filing Fee in amount of $350 collected. Receipt No. 34790. Jury Trial Requested: YES.Filed by Guild For Professional Pharmacists against Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Hospitals. (Attachments: #1 Civil Cover Sheet) (cib) (Additional attachment(s) added on 4/28/2014: #2 Summons) (edt). |
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