Larmanger v. Kaiser Foundation Health Plan of the Northwest et al
Kimerie Larmanger |
Chris Kitchel, Justin McGowan, Kaiser Foundation Health Plan of the Northwest doing business as Kaiser Permanente, Ryan Gibson, Shawn W. Ferguson and Kaiser Foundation Health Plan, Inc. |
3:2011cv00089 |
January 24, 2011 |
US District Court for the District of Oregon |
Portland Office |
Anna J Brown |
Civil Rights: Employment |
29 U.S.C. § 2601 |
Plaintiff |
Docket Report
This docket was last retrieved on May 13, 2015. A more recent docket listing may be available from PACER.
Document Text |
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Filing 172 The petition for writ of certiorari was denied on 5/4/15. Supreme Court number 14-8144. (dsg) |
Filing 171 MANDATE of USCA for the 9th Circuit, USCA # 13-35050, re Notice of Appeal #164 . The decision of the District Court is AFFIRMED. (Attachments: #1 Memorandum) (dsg) |
Filing 170 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Sealed Transcript of Proceedings for date of January 20, 2012 before Judge Anna J. Brown, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. NOTE: THIS DOCUMENT HAS BEEN FILED UNDER SEAL. (LeGore, Amanda) |
Filing 169 ORDER by Judge Anna J. Brown. The Court has completed its consideration of Plaintiff's Unopposed Motion to Allow Preparation of Transcript of Sealed Hearing #168 as to the proceedings on January 20, 2012 90 . The Court grants the Motion to the extent Court Reporter Amanda LeGore is authorized to prepare a transcript, also under seal, to provide to the parties in this matter and to the Ninth Circuit Court of Appeals. (bb) |
Filing 168 Unopposed Motion to Allow Preparation of Transcript of Sealed Hearing. Filed by Kimerie Larmanger. (LeRoux, Daniel) |
Filing 167 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on August 1, 2012 before Judge Anna J. Brown, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 4/5/2013. Redaction Request due 4/19/2013. Redacted Transcript Deadline set for 4/29/2013. Release of Transcript Restriction set for 6/27/2013. (LeGore, Amanda) |
Filing 166 ORDER by Judge Anna J. Brown. Granting Taxation of Costs #162 . Costs taxed in the amount of $4824.91 against Plaintiff. (bb) |
Filing 165 Transcript Designation and Order Form for the hearing held on 1/20/12; 6/6/12; 8/1/12 before Judge Brown. Court Reporter: Amanda Legore. regarding Notice of Appeal #164 . Filed by Kimerie Larmanger. Transcript is due by 4/1/2013. (LeRoux, Daniel) |
USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #164 . Case Appealed to Ninth Circuit Case Number 13-35050 assigned. (cp) |
Filing 164 Notice of Appeal to the 9th Circuit Filing fee $455 collected; Agency Tracking ID 0979-3163229: . Filed by Kimerie Larmanger. (Attachments: #1 Attachment Judgment) (LeRoux, Daniel) |
Filing 163 Declaration of Carol A. Noonan in Support of Defendants' Cost Bill. Filed by All Defendants. (Related document(s): Bill of Costs #162 .) (Attachments: #1 Exhibit, #2 Exhibit) (Noonan, Carol) |
Filing 162 Bill of Costs . Filed by All Defendants. (Noonan, Carol) |
Filing 161 Judgment. Signed on 12/28/2012 by Judge Anna J. Brown. (bb) |
Filing 160 Proposed Form of Order Submitted . Filed by All Defendants. (Noonan, Carol) |
Filing 159 ORDER by Judge Anna J. Brown. Granting Joint Motion to Extend Deadline to Submit Form of Judgment #157 . The deadline for the parties to submit a form of Judgment is extended to 12/27/2012. (bb) |
Filing 158 Declaration of Carol Noonan in Support of Joint Motion to Extend Deadline to Submit Form of Judgment. Filed by All Defendants. (Related document(s): Motion for Extension of Time #157 .) (Noonan, Carol) |
Filing 157 Joint Motion for Extension of Time to Submit Form of Judgment. Filed by All Defendants. (Noonan, Carol) |
Filing 156 ORDER: The Court has reviewed the Joint Status Report #155 of the parties and directs counsel to file no later than 12/19/2012 a form of judgment reciting the specific resolution of each claim. Upon its entry, Plaintiff may then file her Notice of Appeal within the time permitted by rule. (mr) |
Filing 155 Joint Status Report . Filed by All Defendants. (Noonan, Carol) |
Filing 154 Order by Judge Anna J. Brown. The parties shall file an updated Joint Status Report by 12/5/2012. If the matter is not settled by then, the parties shall include in that report a joint proposal for further case-management. (bb) |
Filing 153 Joint Status Report . Filed by All Parties. (Noonan, Carol) |
Filing 152 ORDER by Judge Anna J. Brown. Granting Defendant's Unopposed Motion to Extend Deadline for Discovery on Wage Claim #150 as follows: All pending case-management dates are STRICKEN. The parties are directed to file a Joint Status Report no later than 11/21/2012. If necessary case-management dates will be reset at a later date. (bb) |
Filing 151 Declaration of Carol Noonan . Filed by Shawn W. Ferguson, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc., Justin McGowan. (Related document(s): Motion for Extension of Time #150 .) (Noonan, Carol) |
Filing 150 Unopposed Motion for Extension of Time to Extend Deadline for Discovery on Wage Claim. Filed by Shawn W. Ferguson, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc., Justin McGowan. (Noonan, Carol) |
Filing 149 ORDER: Granting Defendants' Unopposed Motion for Extension of Time #147 .Discovery on the wage issue to be now completed by 10/22/2012. Joint Statement of Agreed Facts extended to 11/05/2012. Defendants' renewed Motion for Summary Judgment on wages due 11/13/2012. (bb) |
Filing 148 Declaration of Carol Noonan in Support of Motion to Extend Deadline. Filed by All Defendants. (Related document(s): Motion for Extension of Time #147 .) (Noonan, Carol) |
Filing 147 Unopposed Motion for Extension of Time of Deadline for Discovery on Wage Claim. Filed by All Defendants. (Noonan, Carol) |
Filing 146 ORDER: The Court GRANTS Defendants' Motion #102 for Summary Judgment as to Plaintiff's First, Second, Fourth, Fifth, Sixth, Seventh, and Eighth Claims. Signed on 09/07/2012 by Judge Anna J. Brown. See attached 48 page Opinion and Order. (bb) |
Filing 145 Supplement re: Confirmation of Wage Claims. Filed by Kimerie Larmanger. (LeRoux, Daniel) |
Filing 144 MINUTES of Proceedings: Oral Argument on Motion for Summary Judgment #102 . Court denied that part of Defendant's motion dealing with any of Plaintiff's wage claims. Plaintiff to file no later than 08/16/2012 pleading confirming Plaintiff's wage claims and stating what the facts are, and legal theories. Discovery on the wage issue to be completed by 09/20/2012. Joint Statement of Agreed Facts due 10/04/2012. Defendant's renewed Motion for Summary Judgment on wages due 10/11/2012. Remainder of motion is taken under advisement as of 8/1/2012. Daniel K. LeRoux present as counsel for plaintiff(s). Carol Noonan, Carol Bernick present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb) |
Filing 143 Scheduling Order by Judge Anna J. Brown. Due to a conflict in the Court's schedule, the Continued Oral Argument set for 07/20/2012 is RESET for 8/1/2012 at 01:30 PM before Judge Anna J. Brown. (bb) |
Filing 142 Response to #139 Supplemental Memorandum in Support of Summary Judgment #102 . Oral Argument requested. Filed by All Defendants. (Bernick, Carol) Modified to remove duplicate text and add link on 7/17/2012 (sss). |
Filing 141 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on 6/6/2012 before Judge Anna J. Brown, Court Reporter Bridget R. Montero, telephone number 503-406-2288. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/20/2012. Redaction Request due 8/3/2012. Redacted Transcript Deadline set for 8/13/2012. Release of Transcript Restriction set for 10/12/2012. (Attachments: #1 Transcript) (sm) |
Filing 140 Notice of Change of Address. of Daniel K. Le Roux Filed by Kimerie Larmanger (LeRoux, Daniel) |
Filing 139 Supplemental Memorandum of points and Authorities re: Causation in Support of Opposition to Motion for Summary Judgment #102 Oral Argument requested. Filed by Kimerie Larmanger. (LeRoux, Daniel) Modified text on 6/29/2012 (sss). |
Filing 138 Supplemental Statement of Facts re Causation in Support of Plaintiff's Opposition to Defendants' Motion for Summary Judgment. Filed by Kimerie Larmanger. (Related document(s): Response in Opposition to Motion #125 .) (LeRoux, Daniel) Modified text on 6/29/2012 (sss). |
Filing 137 Joint Status Report on Status of Plaintiff's Regular Wage Claim. Filed by All Defendants. (Noonan, Carol) |
Filing 136 Order by Judge Anna J. Brown. At oral argument held on June 6, 2012, the Court STRUCK all existing case-management dates which will be reset at a later date. (bb) |
Filing 135 MINUTES of Proceedings: Oral Argument on Motion for Summary Judgment #102 . Plaintiff's Supplemental Memorandum specifying what Plaintiff contends is the causal link between protected activity and the harm for which she is seeking recovery is due 06/27/2012. Defendant's optional supplemental memorandum is due 07/16/2012. Legal arguments are limited to 5 pages. Parties to file a separate Joint Statement on the Status of the regular wage claim dispute no later than 06/27/2012. Oral Argument is CONTINUED to 7/20/2012 at 10:00 AM before Judge Anna J. Brown. Daniel K. LeRoux present as counsel for plaintiff(s). Carol Noonan, Carol Bernick present as counsel for defendant(s). Court Reporter: Bridget Montero. Judge Anna J. Brown presiding. (bb) |
Filing 134 Notice re Response in Opposition to Motion #125 Submission of Supplemental Authority Filed by Kimerie Larmanger (Related document(s): Response in Opposition to Motion #125 .) (Attachments: #1 Supplement Authority) (LeRoux, Daniel) |
Filing 133 Notice of Attorney Withdrawal: Filed by Kimerie Larmanger (Malaczynski, Joanna) |
Filing 132 Scheduling Order by Judge Anna J. Brown. Oral Argument on Motion for Summary Judgment #102 is SET for 6/6/2012 at 10:00 AM before Judge Anna J. Brown. (bb) |
Filing 131 Corporate Disclosure Statement of Kaiser defendants. Filed by All Defendants. (Noonan, Carol) |
Filing 130 Second Declaration of Carol A. Noonan ISO Defendant's Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #102 .) (Noonan, Carol) |
Filing 129 Reply in Support of Defendant's Motion for Summary Judgment #102 . Oral Argument requested. Filed by All Defendants. (Noonan, Carol) Modified text from ISO to "in Support of" on 4/16/2012 (sss). |
Filing 128 Second Declaration of Sadie Miller in Support of Defendant's Motion for Summary Judgment #102 . Filed by All Defendants. (Noonan, Carol) Modified text from ISO to "in Support of", and added link on 4/16/2012 (sss). |
Filing 127 Second Declaration of Justin McGowan in Support of Defendant's Motion for Summary Judgment #102 . Filed by All Defendants. (Noonan, Carol) Modified text from ISO to "in Support of", and added link on 4/16/2012 (sss). |
Filing 126 Second Declaration of Rebecca Sherlock in Support of Defendant's Motion for Summary Judgment #102 . Filed by All Defendants. (Noonan, Carol) Modified text from ISO to "in Support of", and added link on 4/16/2012 (sss). |
Filing 125 Response in Opposition to Motion for Summary Judgment #102 Oral Argument requested. Filed by Kimerie Larmanger. (LeRoux, Daniel) |
Filing 124 Declaration of Daniel K. Le Roux in Support of Opposition to Defendants' Motion for Summary Judgment (Dkt. No. 111). Filed by Kimerie Larmanger. (Related document(s): Declaration #123 .) (Attachments: #1 Exhibit 101, #2 Exhibit 102, #3 Exhibit 103, #4 Exhibit 104, #5 Exhibit 105, #6 Exhibit 106, #7 Exhibit 107) (LeRoux, Daniel) |
Filing 123 Declaration of Kimerie Larmanger in Support of Opposition to Defendants Motion for Summary Judgment (Dkt. No. 111). Filed by Kimerie Larmanger. (Attachments: #1 Exhibit A-F) (LeRoux, Daniel) |
Filing 122 ORDER by Judge Anna J. Brown. Granting Plaintiff's Unopposed Motion #120 to Maintain Documents' Confidentiality under the Protective Order and Seal the Documents Submitted by Defendants' in Support of the Motion for Summary Judgment. (bb) |
Filing 121 Declaration of Daniel K Le Roux in Support of Unopposed Motion to Maintain Documents Confidentiality Under the Protective Order and Seal the Documents. Filed by Kimerie Larmanger. (Related document(s): Motion - Miscellaneous #120 .) (LeRoux, Daniel) |
Filing 120 Unopposed Motion to Maintain Documents Confidentiality Under the Protective Order and Seal the Documents. Filed by Kimerie Larmanger. (LeRoux, Daniel) |
Filing 119 ORDER by Judge Anna J. Brown. Granting Plaintiff's Unopposed Motion #116 for Extension of Time to File Response to Defendant's Motion for Summary Judgment #102 . Plaintiff's Response is now due 3/28/2012. Defendant's Reply is due by 4/13/2012. Motion is taken under advisement as of 4/13/2012. (bb) |
Filing 118 Declaration of Carol A. Noonan in Support of Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #102 .) (Attachments: #1 Exhibit 1) (Noonan, Carol) |
Filing 117 Declaration of Daniel K Le Roux in Support of Plaintiff's Unopposed Motion for Extension of Time to File Response to Defendants' Motion for Summary Judgment. Filed by Kimerie Larmanger. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #116 .) (LeRoux, Daniel) |
Filing 116 Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #102 . Filed by Kimerie Larmanger. (LeRoux, Daniel) |
Filing 115 Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Declaration #111 filed by Ryan Gibson, Shawn W. Ferguson, Chris Kitchel, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc., Justin McGowan. A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: The incorrect PDF was inadvertently attached to Declaration #111 . The PDF has been restricted and counsel shall refile with the correct PDF. (sss) |
Filing 114 Notice of Change of Address and Firm Affiliation of Daniel K Le Roux Filed by Kimerie Larmanger (LeRoux, Daniel) |
Filing 113 Brief - Timeline. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #102 .) (Noonan, Carol) |
Filing 112 Memorandum in Support of Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #102 .) (Noonan, Carol) |
Filing 111 Declaration of Carol A. Noonan in Support of Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #102 .) (Attachments: #1 Exhibit 1) (Noonan, Carol) |
Filing 110 Amended Declaration of Missy Maese in Support of Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #102 .) (Noonan, Carol) |
Filing 109 Declaration of Missy Maese in Support of Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #102 .) (Noonan, Carol) |
Filing 108 Declaration of Justin McGowan in Support of Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #102 .) (Noonan, Carol) |
Filing 107 Declaration of Sandra Townsend in Support of Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #102 .) (Noonan, Carol) |
Filing 106 Declaration of Susan Hron in Support of Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #102 .) (Noonan, Carol) |
Filing 105 Declaration of Sadie Miller in Support of Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #102 .) (Noonan, Carol) |
Filing 104 Declaration of Jane Gilronan in Support of Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #102 .) (Noonan, Carol) |
Filing 103 Declaration of Rebecca Sherlock in Support of Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #102 .) (Noonan, Carol) |
Filing 102 Motion for Summary Judgment . Oral Argument requested. Filed by All Defendants. (Noonan, Carol) |
Filing 101 ORDER: Granting Defendant's Unopposed Motion to File Excess Pages, but not exceeding 40 pages #99 . (bb) |
Filing 100 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:Unopposed Motion to File Excess Pages #97 contained the incorrect PDF, Counsel refiled with correct PDF as Unopposed Motion to File Excess Pages #99 . Motion #97 will be termed and the PDF restricted. (sss) |
Filing 99 Unopposed Motion to File Excess Pages for Memorandum in Support of Summary Judgment. Filed by All Defendants. (Noonan, Carol) |
Filing 98 Declaration of Carol A. Noonan in Support of Unopposed Motion to Allow Memorandum in Support of Summary Judgment Longer than 35 Page Limit. Filed by All Defendants. (Related document(s): Motion to File Excess Pages #99 .) (Noonan, Carol) Modified to correct link on 2/14/2012 (sss). |
Filing 97 Unopposed Motion to File Excess Pages for Memorandum in Support of Summary Judgment. Filed by All Defendants. (Noonan, Carol) (incorrect PDF attached - replaced by #99 )- Modified on 2/14/2012 (sss). |
Filing 96 Amended Concise Statement (Agreed Statement of Facts). Filed by All Defendants. (Amended to include date on document). (Noonan, Carol) Modified on 2/8/2012 to add text (tll). |
Filing 95 Joint Concise Statement (Agreed Statement of Facts). Filed by All Defendants. (Noonan, Carol) |
Filing 94 ORDER by Judge Anna J. Brown. Granting noppose Motion for Extension of Time to File Agreed Statement of Facts #92 . Statement of Agreed Facts now due 02/07/2012. (bb) |
Filing 93 Declaration of Daniel K Le Roux in Support of Unopposed Motion for Extension of Time to File Agreed Statement of Facts. Filed by Kimerie Larmanger. (Related document(s): Motion for Extension of Time #92 .) (LeRoux, Daniel) |
Filing 92 Unopposed Motion for Extension of Time to File Agreed Statment of Facts. Filed by Kimerie Larmanger. (LeRoux, Daniel) |
Filing 91 Joint ADR Report . Filed by All Defendants.(Noonan, Carol) |
Filing 90 MINUTES of Proceedings: Court SEALED proceeding. The Court heard oral argument on Plaintiff's Motion #71 to Compel Responses to Deposition Questions Propounded at the Depositions of Chris Kitchel and Ryan Gibson. For the reasons stated on the record, and, in particular, because the record reflects Defendant has established the existence of an attorney-client privilege as to each subject addressed in the Motion and that such privilege remains intact as to each identified subject, the Court DENIES Plaintiff's Motion. The Court GRANTS Plaintiff leave to file a new Motion to Compel no later than January 30, 2012, to lay the foundation for any potential exception to the attorney-client privilege that has not already been presented and considered in Motion #71. Daniel LeRoux, Matthew Lackey present as counsel for plaintiff(s). Carol Bernick present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb) |
Filing 89 Answer to #87 Amended Complaint (Third) by Defendants. Filed by Shawn W. Ferguson, Ryan Gibson, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc., Chris Kitchel, Justin McGowan. (Noonan, Carol) |
Filing 88 Scheduling Order by Judge Anna J. Brown. Due a conflict in the Court's schedule, the Oral Argument on Plaintiff's Motion to Compel #71 is RESET for 1/20/2012 at 09:00 AM before Judge Anna J. Brown. (bb) |
Filing 87 Third Amended Complaint .Filed by Kimerie Larmanger against All Defendants. (LeRoux, Daniel) |
Filing 86 Order by Judge Anna J. Brown. The Court GRANTS Plaintiff's Motion for Leave to File third Amended Complaint #64 and directs Plaintiff to file her Third Amended Complaint no later than 1/6/2012. Defendants' responsive pleading is due no later than 01/18/2012. Supplemental discovery must be completed by 01/31/2012. Joint Statement of Agreed Facts is due no later than 02/03/2012. The deadline to file dispositive motions is extended two weeks to 02/17/2012. All other case management dates remain in effect. Oral Argument on Plaintiff's Motion to Compel #71 is SET for 1/17/2012 at 02:30 PM before Judge Anna J. Brown. See attached Order for full text. (bb) |
Filing 85 Amended Response (to correct signature line) to Motion to Compel Deposition Testimony #71 oral argument requested. Filed by All Defendants. (Noonan, Carol) |
Filing 84 Declaration of Carol Noonan in Support of Defendants' Response to Plaintiff's Motion to Compel Deposition Testimony. Filed by All Defendants. (Related document(s): Response to Discovery Motion #83 .) (Noonan, Carol) |
Filing 83 Response to Motion to Compel Deposition Testimony #71 Oral Argument requested. Filed by All Defendants. (Noonan, Carol) |
Filing 82 Reply to Opposition to Motion for Leave to File Amended Complaint/Petition Re: Third Amended Complaint #64 Oral Argument requested. Filed by Kimerie Larmanger. (LeRoux, Daniel) |
Filing 81 ORDER by Judge Anna J. Brown. Granting Unopposed Motion for Leave #78 to File Response to Plaintiff's Motion to Compel Deposition Testimony #71 . Defendant's Response is due 12/27/2011; no reply permitted. Plaintiff's Motion for Leave to File Third Amended Complaint #64 and Plaintiff's Motion to Compel #71 will be under advisement 12/29/2011. (bb) |
Filing 80 Declaration of Carol Noonan in Support of Unopposed Motion for Leave to File Response. Filed by All Defendants. (Related document(s): Motion for Leave #78 .) (Noonan, Carol) Modified text on 12/16/2011 (sss). |
Filing 79 Memorandum in Support of Unopposed Motion for Leave to File Response. Filed by All Defendants. (Related document(s): Motion for Leave #78 .) (Noonan, Carol) |
Filing 78 Unopposed Motion for Leave . Filed by All Defendants. (Noonan, Carol) |
Filing 77 Declaration of Sandra Townsend . Filed by Shawn W. Ferguson, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc., Justin McGowan. (Related document(s): Response to Motion, #75 .) (Noonan, Carol) |
Filing 76 Declaration of Carol A. Noonan . Filed by Shawn W. Ferguson, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc., Justin McGowan. (Related document(s): Response to Motion, #75 .) (Noonan, Carol) |
Filing 75 Response to Motion for Leave to File Amended Complaint/Petition Re: Third Amended Complaint #64 . Filed by Shawn W. Ferguson, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc., Justin McGowan. (Noonan, Carol) |
Filing 74 Supplemental Declaration of of Daniel K. Le Roux in Support of Motion to Compel Responses to Deposition Questions Propounded at thee Depositions of Chris Kitchel and Ryan Gibson. Filed by Kimerie Larmanger. (FILED UNDER SEAL) (Attachments: #1 Exhibit 2) (sss) |
Filing 73 Declaration of Daniel K. Le Roux in Support of Motion to Compel Deposition Testimony. Filed by Kimerie Larmanger. (Related document(s): Motion to compel #71 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (LeRoux, Daniel) |
Filing 72 Memorandum in Support Motion to Compel Deposition Testimony. Filed by Kimerie Larmanger. (Related document(s): Motion to compel #71 .) (LeRoux, Daniel) |
Filing 71 Motion to Compel Deposition Testimony. Oral Argument requested. Filed by Kimerie Larmanger. (LeRoux, Daniel) |
Filing 70 ORDER by Judge Anna J. Brown. Granting Unopposed Motion #68 to Extend Deadline to Respond to Plaintiff's Motion for Leave to file Third Amended Complaint #64 . Defendants' Response is due by 12/12/2011. Plaintiff's Reply is due by 12/29/2011. (bb) |
Filing 69 Declaration of Carol A. Noonan in Support of Defendants' Motion for Extension of Time to File Opposition to Plaintiff's Motion for Leave to File Third Amended Complaint. Filed by Shawn W. Ferguson, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc., Justin McGowan. (Related document(s): Motion for Extension of Time, #68 .) (Noonan, Carol) |
Filing 68 Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion for Leave to File Third Amended Complaint #64 . Filed by Shawn W. Ferguson, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc., Justin McGowan. (Noonan, Carol) Modified to add link on 12/1/2011 (sss). |
Filing 67 Supplement Re: Proposed Third Amended Complaint. Filed by Kimerie Larmanger. (Related document(s): Motion for Leave to File Amended Complaint/Petition #64 .) (LeRoux, Daniel) |
Filing 66 Declaration of Daniel K. Le Roux in Support of Plaintiff's Motion for Leave to File Third Amended Complaint. Filed by Kimerie Larmanger. (Related document(s): Motion for Leave to File Amended Complaint/Petition #64 .) (LeRoux, Daniel) |
Filing 65 Plaintiff's Memorandum in Support of Motion for Leave to File Third Amended Complaint. Filed by Kimerie Larmanger. (Related document(s): Motion for Leave to File Amended Complaint/Petition #64 .) (LeRoux, Daniel) |
Filing 64 Motion for Leave to File Amended Complaint/Petition Re: Third Amended Complaint. Oral Argument requested. Filed by Kimerie Larmanger. (LeRoux, Daniel) |
Filing 63 MINUTES of Proceedings: Scheduling Conference. Pretrial Order is now due by 7/23/2012. Pretrial Documents are now due 8/15/2012 by NOON. Pretrial Conference is RESET for 9/19/2012 at 09:00 AM before Judge Anna J. Brown. Jury Trial (3 days) is RESET for 9/24/2012 at 09:00 AM before Judge Anna J. Brown. Matthew Lackey present as counsel for plaintiff(s). Carol Noonan present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Anna J. Brown presiding. (bb) |
Filing 62 Scheduling Order by Judge Anna J. Brown. A Telephonic Scheduling Conference is SET for 10/24/2011 at 03:00 PM before Judge Anna J. Brown to select a new Jury Trial date. Counsel may appear by telephone by e-mailing the courtroom deputy with their phone number. (bb) |
Filing 61 ORDER by Judge Anna J. Brown. Granting Defendant's Unopposed Motion #58 for Permission to file Answer to Plaintiff's Amended Complaint. Defendant's Answer to Plaintiff's Amended Complaint #60 is deemed timely filed. (bb) |
Filing 60 Answer to #54 Second Amended Complaint . Filed by Shawn W. Ferguson, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc., Justin McGowan. (Noonan, Carol) Modified text on 10/18/2011 (sd). |
Filing 59 Declaration of Carol A. Noonan in Support of Motion for Permission to File Answer to Plaintiff's Amended Complaint. Filed by Shawn W. Ferguson, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc., Justin McGowan. (Related document(s): Motion - Miscellaneous #58 .) (Noonan, Carol) |
Filing 58 Unopposed Motion for Permission to File Answer to Plaintiff's Amended Complaint. Filed by Shawn W. Ferguson, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc., Justin McGowan. (Noonan, Carol) |
Filing 57 Stipulated Protective Order. Signed on 09/28/2011 by Judge Anna J. Brown. (bb) |
Filing 56 Stipulated Protective Order. Filed by All Defendants. (Noonan, Carol) Modified to remove duplicate text on 9/28/2011 (sd). |
Filing 54 Second Amended Complaint .Filed by Kimerie Larmanger against All Defendants. (LeRoux, Daniel) |
Filing 55 MINUTES of Proceedings: Rule 16 Conference. Amended Complaint due 09/23/2011; Answer due 09/30/2011. If no answer is filed, then the Court will conclude that the previously filed answer stands. Amendment to pleadings/joining of parties due 11/14/2011. Fact Discovery is to be completed by 12/30/2011. Motions to Compel fact discovery due 12/07/2011. Joint Statement of Agreed Facts due 01/20/2012. Updated Joint Alternate Dispute Resolution Report is due by 2/3/2012. Plaintiff's Dispositive Motions are due by 2/3/2012. Expert Discovery to be completed by 6/29/2012. Pretrial Order is due 7/13/2012. Pretrial Documents are due by 7/23/2012. Pretrial Conference is set for 8/6/2012 at 01:30 PM before Judge Anna J. Brown. Court Trial is set for 8/14/2012 at 09:00 AM before Judge Anna J. Brown. Trial to be set at a later date due to a conflict in the Court's schedule. Matthew Lackey present as counsel for plaintiff(s). Carol Bernick, Carol Noonan present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb) |
Filing 53 Scheduling Order by Judge Anna J. Brown. Scheduling Conference is SET for 9/20/2011 at 11:00 AM before Judge Anna J. Brown. Counsel may participate by telephone by e-mailing the courtroom deputy with their phone number. (bb) |
Filing 52 Joint Status Report . Filed by All Parties. (LeRoux, Daniel) |
Filing 51 Limited Judgment of Dismissal as to Defendants Chris Kitchel and Ryan Gibson. (bb) |
Filing 50 Proposed Form of Order Submitted Limited Judgment of Dismissal. Filed by Ryan Gibson, Chris Kitchel. (Voorhees, Stephen) |
Filing 49 Stipulated Order for Dismissal of Defendants Chris Kitchel and Ryan Gibson with Prejudice and Without Costs. Signed on 07/27/2011 by Judge Anna J. Brown. (bb) |
Filing 48 Order by Judge Anna J. Brown. In light of the stipulated dismissal with prejudice of Defendants Kitchel and Ryan #45 , the Court will set a case management schedule to resolve the remaining issues in the case. Accordingly, trial counsel shall confer (meaningfully and in real time) and jointly propose no later than August 8, 2011, a schedule for completion of fact discovery, any expert discovery, any dispositive motions, and for trial. Upon receipt of the joint proposal, the Court will determine whether a Rule 16 Conference is needed and, in any event, will set a schedule for further proceedings. (bb) |
Filing 47 Opinion and Order. The Court GRANTS the Motion #10 to Dismiss of Defendants Chris Kitchel and Ryan Gibson and DISMISSES with prejudice Plaintiff's claim against these defendants for aiding and abetting discrimination in violation of Oregon Revised Statute 659A.030(1)(g). The Court, however, GRANTS Plaintiff leave to amend her First Amended Complaint no later than August 16, 2011, only as to her claim against these defendants for breach of fiduciary duty. Signed on 07/26/2011 by Judge Anna J. Brown. See attached Order for full text. (bb) |
Filing 46 OPINION and ORDER: Granting Defendants Kitchel and Gibson's Motion to Dismiss #10 . First Amended Complaint due no later than 8/16/2011, only as to Plaintiff's claim against these defendants for breach of fiduciary duty. Signed on 7/26/2011 by Judge Anna J. Brown. (sm) |
Filing 45 Stipulated Motion to Dismiss Kitchel and Gibson with Prejudice and without Costs. Filed by Ryan Gibson, Chris Kitchel. (Voorhees, Stephen) |
Filing 44 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on 6/1/2011 before Judge Anna J. Brown, Court Reporter Kellie Humiston, telephone number (503) 544-2459. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/5/2011. Redaction Request due 7/18/2011. Redacted Transcript Deadline set for 7/28/2011. Release of Transcript Restriction set for 9/23/2011. (Attachments: #1 Transcript of Proceedings for June 1, 2011) (sd) |
Filing 43 MINUTES of Proceedings: The Court held oral argument on Defendants' Motion #10 to Dismiss Amended Complaint. The Court took the Motion under advisement. The Court STRIKES the deadlines in this matter and will reset them after the Court issues an Opinion and Order as to the pending Motion to Dismiss. In addition, the Court STAYS discovery as to the attorney Defendants in this matter until their status as parties and/or witnesses is resolved by the Court. The Court, nonetheless, encourages counsel for the other parties to proceed with as much discovery and other necessary work as possible by the Motion #10 remains pending. Daniel LeRoux present as counsel for plaintiff(s). Carol Bernick, Steve Voorhees present as counsel for defendant(s). Court Reporter: Kellie M. Humiston. Judge Anna J. Brown presiding. (bb) |
Filing 42 Interim Fed. R. Civ. P. 26(a)(1) Agreement between Plaintiff and the Kaiser Defendants. Filed by Kimerie Larmanger. (LeRoux, Daniel) |
Filing 41 Stipulation to Amend Complaint and Withdraw Motion to Dismiss by Shawn W. Ferguson, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc., Justin McGowan. Filed by Shawn W. Ferguson, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc., Justin McGowan. (Noonan, Carol) |
Filing 40 Answer to #3 Amended Complaint. Filed by Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc.. (Bernick, Carol) |
Filing 39 Response in Opposition to Motion to Dismiss #34 Oral Argument requested. Filed by Kimerie Larmanger. (LeRoux, Daniel) |
Filing 38 Stipulated and Order re: Stay on Discovery. Signed on 04/29/2011 by Judge Anna J. Brown. (bb) |
Filing 37 Reply to Motion to Dismiss Amended Complaint #10 Oral Argument requested. Filed by Ryan Gibson, Chris Kitchel. (Attachments: #1 Attachment Exhibit A to Reply) (Voorhees, Stephen) |
Filing 36 MINUTES of Proceedings: Scheduling Conference. Motion for Stay #14 GRANTED in part/DENIED in part as stated on the record. Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc.'s answer or responsive pleading due 05/06/2011. Joint Status Report or Stipulated Form of Order due 04/27/2011. Oral Argument on Defendants Gibson and Kitchel's Motion to Dismiss 19 and Defendants McGowan and Ferguson's Motion to Dismiss #34 is SET for 6/1/2011 at 01:30 PM before Judge Anna J. Brown. Daniel LeRoux present as counsel for plaintiff(s). Carol Bernick, Steve Voorhees present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb) |
Filing 35 Memorandum in Support of Motion to Dismiss. Filed by Shawn W. Ferguson, Justin McGowan. (Related document(s): Motion to Dismiss #34 .) (Noonan, Carol) |
Filing 34 Motion to Dismiss. Oral Argument requested. Filed by Shawn W. Ferguson, Justin McGowan. (Noonan, Carol) |
Filing 33 ORDER by Judge Anna J. Brown. Response and Supporting Declaration are deemed filed timely. (bb) |
Filing 32 Declaration of Daniel K. Le Roux in Support of Plaintiff's Unopposed Motion for Relief Requesting the Court Consider Plaintiff's Late Filed Response to Defendants' Motion to Dismiss. Filed by Kimerie Larmanger. (Related document(s): Motion - Miscellaneous #30 .) (Attachments: #1 Exhibit 1) (LeRoux, Daniel) |
Filing 31 Memorandum in Support of Plaintiff's Unopposed Motion for Relief Requesting the Court Consider Plaintiff's Late Filed Response to Defendants' Motion to Dismiss. Filed by Kimerie Larmanger. (Related document(s): Motion - Miscellaneous #30 .) (LeRoux, Daniel) |
Filing 30 Unopposed Motion for Relief Requesting the Court Consider Plaintiff's Late Filed Response to Defendants' Motion to Dismiss. Filed by Kimerie Larmanger. (LeRoux, Daniel) |
Filing 29 Scheduling Order by Judge Anna J. Brown. Oral Argument on Defendant's Motion for Stay #14 is SET for 4/20/2011 at 02:00 PM before Judge Anna J. Brown. Counsel may participate by phone by e-mailing the courtroom deputy with their phone number. The Court will initiate the call. (bb) |
Filing 28 Reply to Motion for Stay #14 . Filed by Shawn W. Ferguson, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc.. (Bernick, Carol) |
Filing 27 Declaration of Daniel K. Le Roux in support of Plaintiff's Response to Defendants' Motion to Dismiss. Filed by Kimerie Larmanger. (Related document(s): Response in Opposition to Motion #26 .) (Attachments: #1 Exhibit 1-4, #2 Exhibit 5) (LeRoux, Daniel) |
Filing 26 Response in Opposition to Defendants' to Motion to Dismiss Amended Complaint #10 Oral Argument requested. Filed by Kimerie Larmanger. (LeRoux, Daniel) |
Filing 25 Declaration of Daniel K. Le Roux in Support of Plaintiff's Response to the Kaiser Defendants Motion to Stay. Filed by Kimerie Larmanger. (Related document(s): Response to Motion #24 .) (Attachments: #1 Exhibit 1-4) (LeRoux, Daniel) |
Filing 24 Response to the Kaiser Defendants to Motion for Stay #14 . Filed by Kimerie Larmanger. (LeRoux, Daniel) |
Filing 23 Summons Returned Executed. as to Shawn W. Ferguson served on 4/6/2011, answer due on 4/27/2011 Filed by Kimerie Larmanger. (LeRoux, Daniel) |
Filing 22 Summons Returned Executed. as to Justin McGowan served on 3/27/2011, answer due on 4/18/2011 Filed by Kimerie Larmanger. (LeRoux, Daniel) |
Filing 21 Scheduling Order by Judge Anna J. Brown regarding Defendants Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc., and Shawn Ferguson's Motion for Stay #14 . Response is due by 4/7/2011. Reply if any, is due by 4/14/2011. (bb) |
Filing 20 Notice of Association of Attorney Carol J. Bernick,Carol J. Bernick for Kaiser Foundation Health Plan, Inc.,Carol J. Bernick for Shawn W. Ferguson,Carol J. Bernick for Kaiser Foundation Health Plan of the Northwest. Filed by Kaiser Foundation Health Plan, Inc., Shawn W. Ferguson, Kaiser Foundation Health Plan of the Northwest (Bernick, Carol) |
Filing 19 ORDER by Judge Anna J. Brown. The Court GRANTS Plaintiff's Unopposed Motion (#17) for Extension of Time. Plaintiff's response to Defendants Gibson and Kitchel's Motion to Dismiss (#10) is due 4/11/11; Defendants' reply is due 4/28/11. The Motion will be taken under advisement on 4/28/11. (bb) |
Filing 18 Declaration of Matthew Lackey. Filed by Kimerie Larmanger. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #17 .) (Lackey, Matthew) |
Filing 17 Unopposed Motion for Extension of Time to File a Response/Reply to Defednant's Chris Kitchel and Ryan Gibson's Motion to Dismiss to Motion to Dismiss Amended Complaint #10 . Filed by Kimerie Larmanger. (Lackey, Matthew) Modified text on 3/29/2011 (sd). |
Filing 16 Declaration of Patricia S. Radez. Filed by Shawn W. Ferguson, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc.. (Related document(s): Motion for Stay #14 .) (Noonan, Carol) |
Filing 15 Memorandum in Support. Filed by Shawn W. Ferguson. (Related document(s): Motion for Stay #14 .) (Noonan, Carol) |
Filing 14 Motion for Stay. Oral Argument requested. Filed by Shawn W. Ferguson, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc.. (Noonan, Carol) |
Filing 13 ORDER by Judge Anna J. Brown. Granting Defendant Ferguson's Motion for Extension of Time to Answer #12 . Answer or responsive pleading due by 3/28/2011. (bb) |
Filing 12 Unopposed Motion for Extension of Time to Answer Complaint. Filed by Shawn W. Ferguson, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc.. (Noonan, Carol) |
Filing 11 Memorandum in Support of Motion to Dismiss Amended Complaint. Filed by Ryan Gibson, Chris Kitchel. (Related document(s): Motion to Dismiss #10 .) (Voorhees, Stephen) |
Filing 10 Motion to Dismiss Amended Complaint. Oral Argument requested. Filed by Ryan Gibson, Chris Kitchel. (Voorhees, Stephen) |
Filing 9 Summons Returned Executed as to Kaiser Foundation Health Plan of the Northwest and Kaiser Foundation Health Plan, Inc. served on 3/7/2011, answer due on 3/28/2011. (sd) |
Filing 8 Waiver of Service of Summons Returned Executed by Chris Kitchel waiver sent on 2/23/2011. Filed by Kimerie Larmanger. (LeRoux, Daniel) |
Filing 7 Waiver of Service of Summons Returned Executed by Ryan Gibson waiver sent on 2/23/2011. Filed by Kimerie Larmanger. (LeRoux, Daniel) |
Filing 6 Summons Issued as to Shawn W. Ferguson, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc., and Justin McGowan (sd) |
Filing 5 Notice of Lawsuit and Request for Waiver of Service of Summons sent to Ryan Gibson on 02/23/2011 by Kimerie Larmanger. Waiver of Service is due by 3/31/2011. (Attachments: #1 Attachment Unexecuted Waiver, #2 Attachment Certificate of Service) Filed by Kimerie Larmanger. (LeRoux, Daniel) |
Filing 4 Notice of Lawsuit and Request for Waiver of Service of Summons sent to Chris Kitchel on 02/23/2011 by Kimerie Larmanger. Waiver of Service is due by 3/31/2011. (Attachments: #1 Attachment Unexecuted Waiver, #2 Attachment Certificate of Service) Filed by Kimerie Larmanger. (LeRoux, Daniel) |
Filing 3 First Amended Complaint.Filed by Kimerie Larmanger against All Defendants. (LeRoux, Daniel) |
Filing 2 Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Judge Anna J. Brown. Discovery is to be completed by 5/24/2011. Joint Alternate Dispute Resolution Report is due by 6/23/2011. Pretrial Order is due by 6/23/2011. Ordered by Judge Anna J. Brown. (mr) |
Filing 1 Complaint. Filing Fee in amount of $350 collected. Receipt No. 38319. Jury Trial Requested: Yes. Filed by Plaintiff Kimerie Larmanger against All Defendants. (Attachments: #1 Civil Cover Sheet) (mr) |
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