Fuqua v. The Kenan Advantage Group Inc.
| Larry Fuqua |
| Kenan Advantage Group Inc. and Reinhard Transportation |
| 3:2011cv01463 |
| December 6, 2011 |
| U.S. District Court for the District of Oregon |
| Portland Office |
| Michael H Simon |
| Civil Rights: Employment |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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| Filing 51 60-DAY ORDER OF DISMISSAL: The Court having been informed by counsel for the parties that this action has been settled, IT IS ORDERED that, pursuant to LR 41-1, this action is dismissed with prejudice and without costs and with leave, upon good cause shown within sixty (60) days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Pending motions, if any, are denied as moot. All pretrial deadlines and any trial date are stricken. By Clerk of Court Mary L. Moran. (mja) |
| Filing 50 MINUTES of Telephone Conference: See formal minutes. William D. Stark present as counsel for plaintiff(s). Patrick M. Sherman present as counsel for defendant(s). Court Reporter: Jill Erwin. Judge Michael H. Simon presiding. (Attachments: #1 Attachment Trial Management Order) (mja) |
| Filing 49 MINUTES of Telephone Conference: Order - Setting a case schedule as follows: A Telephone Status Conference is set for 8/10/2012 at 01:30PM. The Court will initiate the call to the parties. Setting a Pretrial Conference for 10/15/2012 at 02:30PM in Portland, Courtroom 13B, before Judge Michael H. Simon. Setting a 2-day Jury Trial for 10/25/2012 at 09:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. William D. Stark present as counsel for plaintiff(s). Patrick M. Sherman present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Michael H. Simon presiding. (mja) |
| Filing 48 Motion (Titled by filer as: Defendants' Proposed Expedited Case Management Plan) Filed by All Defendants (Sherman, Patrick) Modified event type to Motion on 7/23/2012 (sss). |
Filing 47
Scheduling Order by Judge Michael H. Simon. Order - Setting a telephone status conference for 7/23/2012 at 02:30PM. The Court will initiate the call to the parties. Ordered by Judge Michael H. Simon. (mja)
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| Filing 46 Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Janice M. Stewart to Judge Michael H. Simon. (eo) |
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Filing 45
ORDER - Adopting Judge Stewart's Findings and Recommendation #38 for the reasons stated therein. Accordingly, Defendant's Motion to Compel Arbitration and to Dismiss, or in the Alternative, to Stay This Action #11 is DEFERRED pending trial on the existence of an agreement to arbitrate. The parties are ordered to submit a joint proposed expedited case-management plan for trial. Signed on 7/11/12 by Judge Michael H. Simon. (mja)
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| Filing 44 MINUTES of Proceedings: Telephone Status Conference.ORDER: Given this court's pending Findings and Recommendation #38 and the unsuccessful settlement conference 42 , discovery is limited to document requests and interrogatories relating to the arbitration agreement issue. Accordingly, defendant shall produce documents in response only to plaintiff's Second Request for Production of Documents Nos. 2 (part), 10, 11, 21 & 22. This limited discovery shall be completed by 7/31/2012. If the Findings and Recommendation is adopted, then this case will be assigned to Judge Simon to set an expedited jury trial date on the arbitration agreement issue and to resolve any further related discovery issues. If the Findings and Recommendation is not adopted, then this court will schedule a telephone conference to set the remainder of the case schedule. William Stark present as counsel for plaintiff(s). Patrick Sherman present as counsel for defendant(s). Court Reporter: N/A. Tape No: N/A.Magistrate Judge Janice M. Stewart presiding. (stewart2, ) |
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Filing 43
Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING a TELEPHONE Conference re discovery for 6/27/2012 at 10:00AM before Magistrate Judge Janice M. Stewart. The Court will initiate the call. (jlr)
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| Filing 42 MINUTES of Proceedings: Telephone Settlement Conference. Case does not settle. William Stark present as counsel for plaintiff. Patrick Sherman present as counsel for defendant. Magistrate Judge Thomas M. Coffin presiding. (plb) |
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Filing 41
Scheduling Order by Magistrate Judge Thomas M. Coffin. Settlement Conference is set for 5/17/2012 at 10:00AM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. 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, 5/10/2012, in which they state realistic proposals they are willing to make or accept to resolve this case. PLEASE SEE ATTACHED INSTRUCTIONS REGARDING SETTLEMENT DOCUMENT. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 40 Objections to Findings & Recommendation: Motion to Compel Arbitration and To Dimiss, Or In the Alternative, To Stay This Action #11 #38 . Filed by Kenan Advantage Group Inc.. (Tank, Katherine) |
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Filing 39
Order by Magistrate Judge Janice M. Stewart referring Findings & Recommendation #38 : re Motion to Compel Arbitration and To Dimiss, Or In the Alternative, To Stay This Action #11 to Judge Michael H. Simon for his consideration. (jlr)
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Filing 38
Findings & Recommendation: Motion to Compel Arbitration and To Dismiss, Or In the Alternative, To Stay This Action #11 should be DEFERRED pending trial as to whether the parties actually agreed to arbitration. The parties should be ordered to submit a joint proposed expedited case-management plan for resolving this issue. Since the parties will still need to incur the costs to resolve the merits of plaintiffs claims either in an arbitration or a jury trial, they also should be ordered to confer to evaluate whether there is any cost-effective basis to do so short of incurring the costs of an expedited trial on this threshold issue. Objections to the Findings and Recommendation are due by 4/30/2012. Signed on 4/13/2012 by Magistrate Judge Janice M. Stewart. (ST) (jlr).
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Filing 37
ORDER: Denying Plaintiff's Motion to Strike the declaration of Patrick M. Sherman #24 for the reasons stated in Defendant's Response. Signed on 4/13/2012 by Magistrate Judge Janice M. Stewart. (ST)
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Filing 36
ORDER: Granting Request for Judicial Notice in Support of Defendants' Motion to Compel Arbitration #17 . Signed on 4/13/2012 by Magistrate Judge Janice M. Stewart. (ST)
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| Filing 35 MINUTES of Proceedings: Motion Hearing Held regarding Motion for Order #17 , Motion to compel #11 , Motion to Strike #24 . Motion is taken under advisement as of 4/5/2012. William Stark present as counsel for plaintiff(s). Patrick Sherman, Katherine Tank present as counsel for defendant(s). Court Reporter: Bonita Shumway. Tape No: FTR.04.05.2012.Magistrate Judge Janice M. Stewart presiding. (Related document(s): Motion for Order #17 , Motion to compel #11 , Motion to Strike #24 .) (stewart2, ) |
| Filing 34 Response to Motion to Strike Response to Motion,, #20 #24 Oral Argument requested. Filed by Kenan Advantage Group Inc.. (Tank, Katherine) |
| Filing 33 Supplement Declaration of Vickie Edwards. Filed by Kenan Advantage Group Inc.. (Related document(s): Reply to Motion #31 .) (Attachments: #1 Exhibit A) (Tank, Katherine) |
| Filing 32 Supplement Declaration of Dale Swanson. Filed by Kenan Advantage Group Inc.. (Related document(s): Reply to Motion #31 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Tank, Katherine) |
| Filing 31 Reply to Motion to Compel Arbitration and To Dimiss, Or In the Alternative, To Stay This Action #11 Oral Argument requested. Filed by Kenan Advantage Group Inc.. (Tank, Katherine) |
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Filing 30
Order by Magistrate Judge Janice M. Stewart STRIKING Affidavit #23 ,and Affidavit #25 as incomplete filings. They have been refiled as Affidavit in Support of Motion to Strike #27 . (jlr)
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Filing 29
Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING Plaintiff's Motion to Strike #24 for Oral Argument on Thursday, 4/5/2012 at 1:30PM in Courtroom 11A before Magistrate Judge Janice M. Stewart along with Defendant's Motion to Compel Arbitration and To Dimiss, Or In the Alternative, To Stay This Action #11 and Request for Judicial Notice #17 . (jlr)
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Filing 28
Scheduling Order and Notice Regarding Civil Case Procedures. ORDER: Written consent forms (if any) to allow a Magistrate Judge to enter final orders and judgment in this case in accordance with FRCP 73 and 28 USC 636(c) are due on or before 3/23/2012. Please see the court's Discovery and Pretrial Scheduling Order (docket #6 , p. 6) for form. Please see attached Notice for procedures applicable in cases assigned to Judge Stewart. (stewart1, )
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| Filing 27 Affidavit William D. Stark, Affidavit in Support of Motion strike. Filed by Larry Fuqua. (Related document(s): Motion to Strike #24 , Motion to compel #11 .) (Attachments: #1 Attachment second page of stark affidvit) (Stark, William) |
| Filing 26 Affidavit . Filed by Larry Fuqua. (Related document(s): Response to Motion,, #20 .) (Attachments: #1 Attachment notarized last page) (Stark, William) |
| Filing 25 **STRICKEN per Order 30 Affidavit second page of stark affidavit. Filed by Larry Fuqua. (Related document(s): Response to Motion,, #20 .) (Stark, William) Modified on 3/7/2012 to strike this entry(jlr). |
| Filing 24 Motion to Strike Response to Motion,, #20 . oral argument requested. Filed by Larry Fuqua. (Stark, William) |
| Filing 23 **STRICKEN per Order 30 Affidavit William D. Stark. Filed by Larry Fuqua. (Related document(s): Response to Motion,, #20 .) (Stark, William) Modified on 3/7/2012 to strike this entry(jlr). |
| Filing 22 Affidavit of Larry Fuqua . Filed by Larry Fuqua. (Related document(s): Response to Motion,, #20 .) (Stark, William) |
| Filing 21 Affidavit of Kim Fuqua . Filed by Larry Fuqua. (Related document(s): Response to Motion,, #20 .) (Stark, William) |
| Filing 20 Response to Motion to Compel Arbitration and To Dimiss, Or In the Alternative, To Stay This Action #11 oral argument requested. Filed by Larry Fuqua. (Attachments: #1 Exhibit Ex 1 p1, #2 Exhibit Ex 1 p2, #3 Exhibit Ex 2, #4 Exhibit EX 3, #5 Exhibit EX 3A, #6 Exhibit EX 4, #7 Exhibit EX 5, #8 Exhibit EX 6, #9 Exhibit Ex 7 p1, #10 Exhibit Ex 7 p2, #11 Exhibit Ex 7 p3, #12 Exhibit Ex 8, #13 Exhibit EX 9 p1, #14 Exhibit Ex 9 p2) (Stark, William) |
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Filing 19
Scheduling Order by Magistrate Judge Janice M. Stewart. Order granting Plaintiff's e-mail request for extension of time to respond to Motion to Compel Arbitration and To Dimiss, Or In the Alternative, To Stay This Action #11 and Request for Judicial Notice #17 . Response is due by 3/6/2012. Any Reply is due by 3/23/2012. (jlr)
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Filing 18
Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING Defendant's Motion to Compel Arbitration and To Dimiss, Or In the Alternative, To Stay This Action #11 and Request for Judicial Notice #17 for Oral Argument on Thursday, 4/5/2012 at 1:30PM in Courtroom 11A before Magistrate Judge Janice M. Stewart. Response is due by 3/2/12. Any reply is due by 3/19/12. ORDER: When submitting dispositive motions and memoranda to the Court, the parties shall either submit (in a format compatible with Word or Word Perfect - and NOT PDF) a disk containing their motions and memoranda, excluding exhibits, or send copies by e-mail to [email protected]. A MOTION, RESPONSE, OR REPLY WHICH FAILS TO COMPLY WITH THIS ORDER WILL BE STRICKEN. (jlr)
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| Filing 17 Supplement Request for Judicial Notice in Support of Motion to Compel Arbitration. Filed by Kenan Advantage Group Inc.. (Related document(s): Motion to compel #11 .) (Attachments: #1 Exhibit A) (Tank, Katherine) |
| Filing 16 Declaration of Patrick M. Sherman . Filed by Kenan Advantage Group Inc.. (Related document(s): Motion to compel #11 .) (Tank, Katherine) |
| Filing 15 Declaration of Lisa Reinhard . Filed by Kenan Advantage Group Inc.. (Related document(s): Motion to compel #11 .) (Tank, Katherine) |
| Filing 14 Declaration of Vickie Edwards . Filed by Kenan Advantage Group Inc.. (Related document(s): Motion to compel #11 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Tank, Katherine) |
| Filing 13 Declaration of Dale Swanson . Filed by Kenan Advantage Group Inc.. (Related document(s): Motion to compel #11 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Tank, Katherine) |
| Filing 12 Memorandum in Support . Filed by Kenan Advantage Group Inc.. (Related document(s): Motion to compel #11 .) (Tank, Katherine) |
| Filing 11 Motion to Compel Arbitration and To Dimiss, Or In the Alternative, To Stay This Action. Oral Argument requested. Filed by Kenan Advantage Group Inc.. (Tank, Katherine) |
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Filing 10
Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Motion for Leave to Appear Pro Hac Vice #8 filed by Kenan Advantage Group Inc.. A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: The Motion for Leave to Appear Pro Hac Vice (#8 ) was incorrectly docketed as an Application for Leave to Proceed IFP. The event has been modified to reflect the correct event in the CM/ECF system and the Order has been docketed. (eo)
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Filing 9
ORDER: Granting Motion for Leave to Appear Pro Hac Vice of Patrick M. Sherman for Kenan Advantage Group Inc.. Application Fee in amount of $100 collected. Receipt No. 44491 issued. Signed on December 20th, 2011 by Magistrate Judge Janice M. Stewart. (eo)
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| Filing 8 Application for Leave to Appear Pro Hac Vice. Filed by Kenan Advantage Group Inc.. (eo) Modified to correct event type from motion for IFP to motion for leave to appear PHV on 12/27/2011 (eo). |
| Filing 7 Answer toComplaint Answer of Defendants the Kenan Advantage Group, Inc. and KAG West, LLC to Plaintiff's First Amended Complaint. Filed by Kenan Advantage Group Inc.. (Tank, Katherine) |
| Filing 3 Certificate of Service by Kenan Advantage Group Inc. of Notice #2 Notice to Plaintiff of Notice of Removal of Civil Action Filed by Kenan Advantage Group Inc.. (Tank, Katherine) |
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Filing 6
Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Magistrate Judge Janice M. Stewart. Discovery is to be completed by 4/4/2012. Joint Alternate Dispute Resolution Report is due by 5/4/2012. Pretrial Order is due by 5/4/2012. Ordered by Magistrate Judge Janice M. Stewart. (cib)
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| Filing 5 Corporate Disclosure Statement. Filed by Kenan Advantage Group Inc.. (cib) |
| Filing 4 Declaration of Amanda T. Gamblin. Filed by Kenan Advantage Group Inc.. (Related document(s): Notice of Removal, #1 .) (cib) |
| Filing 2 Notice To Plaintiff Of Notice of Removal, #1 . Filed by The Kenan Advantage Group Inc. (Related document(s): Notice of Removal, #1 .) (cib) |
| Filing 1 Notice of Removal of Case Number 11CV0097 from Jefferson County Circuit Court. Filing Fee in amount of $350 collected. Receipt No. 44232 issued..Filed by The Kenan Advantage Group Inc. (Attachments: #1 Exhibits A and B) (cib) |
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