Taylor v. Kaiser Foundation Health Plan of the Northwest et al
| Eunice E. Taylor |
| Ebony S. Sage, Kaiser Foundation Health Plan of the Northwest and Gayle M. Littlejohn |
| 3:2011cv01551 |
| December 28, 2011 |
| US District Court for the District of Oregon |
| Portland Office |
| Janice M Stewart |
| Civil Rights: Employment |
| 29 U.S.C. § 2601 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 13, 2013. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 56 Satisfaction of Lien for Attorney's Fees and Costs by Kaiser Foundation Health Plan of the Northwest. Filed by Kaiser Foundation Health Plan of the Northwest. (Kitchel, Chris) |
Filing 55
JUDGMENT. Based on the record, and the Order #44 filed January 17, 2013, IT IS ORDERED AND ADJUDGED that this Action is DISMISSED, with prejudice, IT IS SO ORDERED. Signed on 03/22/2013 by Judge Malcolm F. Marsh. (pvh)
|
|
Filing 54
ORDER. Accordingly, I ADOPT Judge Stewart's Findings and Recommendation #52 . IT IS ORDERED that defendants' Supplemental Motion for Attorney Fees is GRANTED IN PART and DENIED IN PART. Defendants are awarded $29,319.08 in attorney's fees. IT IS FURTHER ORDERED that defendants shall use the amount due to plaintiff under the Settlement Agreement to first satisfy the $18,277.23 owed to David Park. Defendants may then satisfy their award of attorney's fees from the balance owed to plaintiff under the Settlement Agreement. Any remaining balance owed to plaintiff under the Settlement Agreement shall be paid to plaintiff. In the event the amount owed to plaintiff under the Settlement Agreement is insufficient to satisfy defendants' award of attorney's fees, defendants will not be awarded judgment against plaintiff. IT IS SO ORDERED. Signed on 03/22/2013 by Judge Malcolm F. Marsh. (pvh)
|
|
Filing 53
Order by Magistrate Judge Janice M. Stewart referring Supplemental Motion for Attorney Fees #47 and Findings & Recommendation to Judge Malcolm F. Marsh for his consideration. (jlr)
|
| Filing 52 Findings & Recommendation: Supplemental Motion for Attorney Fees #47 should be granted in part and denied in part. Objections to the Findings and Recommendation are due by 3/18/2013. Signed on 2/28/2013 by Magistrate Judge Janice M. Stewart. (ST) |
|
Filing 51
Scheduling Order by Magistrate Judge Janice M. Stewart regarding Supplemental Motion for Attorney Fees #47 . Motion will be taken under advisement on 3/4/2013. (jlr)
|
| Filing 50 Declaration of David D. Park . Filed by All Defendants. (Related document(s): Motion for Attorney Fees #47 .) (Kitchel, Chris) |
| Filing 49 Declaration of Chris Kitchel in Support of Defendants' Supplemental Motion for Award of Attorneys' Fees. Filed by All Defendants. (Related document(s): Motion for Attorney Fees #47 .) (Attachments: #1 Exhibit A - Description of Services, #2 Exhibit B - Resumes, #3 Exhibit C - Oregon State Bar 2012 Economic Survey) (Kitchel, Chris) |
| Filing 48 Memorandum in Support of Defendants' Supplemental Motion for Award of Attorneys' Fees and Costs. Filed by All Defendants. (Related document(s): Motion for Attorney Fees #47 .) (Kitchel, Chris) |
| Filing 47 Supplemental Motion for Attorney Fees . Oral Argument requested. Filed by All Defendants. (Kitchel, Chris) |
| Filing 46 Clerk's Notice of Mailing to attorney David Park regarding Order, 45 , and Order on Findings & Recommendation #44 . (jlr) |
|
Filing 45
Order by Magistrate Judge Janice M. Stewart. By 2/8/13 defendant shall file a Supplemental Motion for an award of attorney fees and costs incurred since June 12, 2012, with supporting authorities and affidavits (see LR 54-3) and serve that motion on both plaintiff and attorney David Park. Any response by plaintiff or objection by attorney David Park is due 14 days after service of the Supplemental Motion The clerk shall mail this Order, as well as Judge Marsh's Order dated 1/17/2013 #44 to attorney David Park. (jlr)
|
|
Filing 44
ORDER. Based on the foregoing, I ADOPT Judge Stewart's Findings and Recommendation #40 as modified above. Accordingly, Defendants' Motion for Summary Judgment #30 is GRANTED. IT IS ORDERED and DECLARED that (1) the parties Settlement Agreement is a binding and enforceable contract; (2) plaintiff shall specifically perform her obligations under the Settlement Agreement in exchange for payment of the sums due to her under the Settlement Agreement; and (3) defendants are awarded their reasonable attorney fees and costs incurred since June 12, 2012. Defendant's request for an offset of their fees from the amount of settlement payment owed to plaintiff is deferred in order to permit Attorney David Park to file an objection. IT IS SO ORDERED. Signed on 01/17/2013 by Judge Malcolm F. Marsh. (pvh)
|
| Filing 43 Response to Objections to Findings & Recommendation. Related document(s): #40 Findings & Recommendation, #42 Objections to Findings & Recommendation. Filed by Kaiser Foundation Health Plan of the Northwest, Gayle M. Littlejohn, Ebony S. Sage. (Rosenbaum, Laura) |
| Filing 42 Objections to Findings & Recommendation: Motion for Summary Judgment #30 should be granted #40 . Filed by Eunice E. Taylor. (Solomon, Glenn) |
|
Filing 41
Order by Magistrate Judge Janice M. Stewart referring Motion for Summary Judgment #30 , and Findings & Recommendation #40 to Judge Malcom F. Marsh for his consideration. (jlr)
|
| Filing 40 Findings & Recommendation: Motion for Summary Judgment #30 should be granted. Objections to the Findings and Recommendation are due by 11/26/2012. Signed on 11/7/12 by Magistrate Judge Janice M. Stewart. (ST) |
| Filing 39 MINUTES of Proceedings: Motion Hearing Held regarding Motion for Summary Judgment #30 . Matter is taken under advisement as of 10/31/2012. Glenn N. Solomon present by telephone as counsel for plaintiff. Chris Kitchel, Laura Rosenbaum present as counsel for defendants. Court Reporter: None. Tape No: FTR11A. Magistrate Judge Janice M. Stewart presiding. (Related document(s): Motion for Summary Judgment #30 .) (ssm) |
| Filing 38 Reply to Motion for Summary Judgment #30 . Filed by Kaiser Foundation Health Plan of the Northwest, Gayle M. Littlejohn, Ebony S. Sage. (Kitchel, Chris) |
| Filing 37 Memorandum in Opposition to Motion for Summary Judgment #30 Oral Argument requested. Filed by All Plaintiffs. (Attachments: #1 Affidavit of Eunice E. Taylor) (Solomon, Glenn) |
|
Filing 36
ORDER by Magistrate Judge Janice M. Stewart: Granting Plaintiff's Motion for Extension of Time #35 to respond to defendant's Motion for Summary Judgment. Response is due by 10/12/2012. (jlr) Modified on 10/3/2012 (tg).
|
| Filing 35 Motion for Extension of Time . Filed by Eunice E. Taylor. (Solomon, Glenn) |
|
Filing 34
Scheduling Order and Notice of Civil Case Procedures by Magistrate Judge Janice M. Stewart: SETTING Defendant's Motion for Summary Judgment #30 for Oral Argument on Wednesday, 10/31/2012 at 10:00AM in Judge Stewart's Courtroom before Magistrate Judge Janice M. Stewart. Please see attached notice for additional information applicable in cases assigned to Judge Stewart. (jlr)
|
| Filing 33 Declaration of Chris Kitchel in Support of Defendants' Motion for Summary Judgment. Filed by Kaiser Foundation Health Plan of the Northwest, Gayle M. Littlejohn, Ebony S. Sage. (Related document(s): Motion for Summary Judgment #30 .) (Kitchel, Chris) |
| Filing 32 Declaration of Shawn Ferguson in Support of Defendants' Motion for Summary Judgment. Filed by Kaiser Foundation Health Plan of the Northwest, Gayle M. Littlejohn, Ebony S. Sage. (Related document(s): Motion for Summary Judgment #30 .) (Kitchel, Chris) |
| Filing 31 Memorandum in Support of Defendants' Motion for Summary Judgment. Filed by Kaiser Foundation Health Plan of the Northwest, Gayle M. Littlejohn, Ebony S. Sage. (Related document(s): Motion for Summary Judgment #30 .) (Kitchel, Chris) |
| Filing 30 Motion for Summary Judgment . Oral Argument requested. Filed by Kaiser Foundation Health Plan of the Northwest, Gayle M. Littlejohn, Ebony S. Sage. (Kitchel, Chris) |
| Filing 29 Amended Answer to #1 Complaint, Affirmative Defenses, Counterclaim Against Eunice E. Taylor. Filed by Gayle M. Littlejohn, Kaiser Foundation Health Plan of the Northwest, Ebony S. Sage. (Kitchel, Chris) |
| Filing 28 MINUTES of Proceedings: Telephone Status Conference held before Magistrate Judge Janice M. Stewart. Order defendant to file an amended answer by 7/27/12. Defendant's Motion for Summary Judgment on new counter-claims to enforce the settlement agreement is due by 8/31/2012. Glenn Solomon present as counsel for plaintiff. Chris Kitchel and Andrea Thompson present as counsel for defendant(s). Court Reporter: n/a. Tape No: n/a. (jlr) |
|
Filing 27
Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING a TELEPHONE Status Conference for Wednesday, 7/18/2012 at 9:30AM before Magistrate Judge Janice M. Stewart. The Court will initiate the call. (jlr)
|
| Filing 25 Notice of Appearance of Glenn N. Solomon appearing on behalf of Eunice E. Taylor Request for Status Conference Filed by on behalf of Eunice E. Taylor (Solomon, Glenn) |
| Filing 26 Certificate of Service by Eunice E. Taylor of Response to Order to Show Cause #24 Filed by Eunice E. Taylor. (ecp) |
| Filing 24 Response to Order to Show Cause. Filed by Eunice E. Taylor. (ecp) |
| Filing 23 Clerk's Notice of Mailing to Eunice E. Taylor regarding Order to Show Cause, #22 , and Status Conference, 21 . (jlr) |
|
Filing 22
Order to Show Cause. Plaintiff is ordered to Show Cause in Writing by 6/26/2012 why this case should not be dismissed without prejudice based on plaintiff's settlement agreement. Signed on 6/12/12 by Magistrate Judge Janice M. Stewart. (jlr)
|
| Filing 21 MINUTES of Proceedings: Final Paper Call. No appearance by plaintiff. Defendant reported that a mediation was held on 4/30/12 and a settlement agreement signed. Order that an Order To Show Cause shall issue. No appearance by plaintiff present as counsel for plaintiff(s). Chris Kitchel present as counsel for defendant(s). Court Reporter: n/a. Tape No: FTR 11A.Magistrate Judge Janice M. Stewart presiding. (jlr) |
| Filing 20 Notice of Claim of Lien for Attorney's Fees and Costs on Behalf of David D. Park Filed by Eunice E. Taylor (Park, David) |
| Filing 19 Clerk's Notice of Mailing regarding Notice #18 , and Order on Motion to Withdraw 17 mailed to plaintiff at address provided on Motion to Withdraw #14 . (jlr) |
| Filing 18 Notice To Self-Represented Litigants. (jlr) |
|
Filing 17
ORDER by Magistrate Judge Janice M. Stewart: Granting David Park's Motion to Withdraw as Attorney of Record #14 . (jlr)
|
| Filing 16 Declaration of David D. Park, (FILED UNDER SEAL). (Related document(s): Motion - To File Declaration Under Seal #13 .) (jlr) |
|
Filing 15
ORDER by Magistrate Judge Janice M. Stewart: Granting Plaintiff's Motion To File Declaration Under Seal #13 . (jlr)
|
| Filing 14 Motion to Withdraw as Attorney of Record. Filed by Eunice E. Taylor. (Park, David) |
| Filing 13 Motion to File Declaration of Attorney Under Seal. Filed by Eunice E. Taylor. (Park, David) |
|
Filing 12
Scheduling Order by Magistrate Judge Janice M. Stewart. Defendant reports that this case has settled. Order STRIKING the 5/9/12 Rule 16 Conference and any pending deadlines. Order setting a Final Paper Call for 6/12/2012 at 9:30AM in Judge Stewart's Courtroom before Magistrate Judge Janice M. Stewart. When the final papers are filed, this hearing will automatically be stricken. (jlr)
|
|
Filing 11
Order by Magistrate Judge Janice M. Stewart. If this case is not resolved by 5/9/12 the court will extend the discovery deadline as necessary at the 5/9/12 scheduling conference. (jlr)
|
|
Filing 10
Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING a TELEPHONE Rule 16 Conference for Wednesday, 5/9/2012 at 3:00PM before Magistrate Judge Janice M. Stewart. The Court will initiate the call. Discovery is to be completed by 5/9/2012. The Joint ADR report is waived. The remainder of the case schedule is stricken. 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. Plaintiff shall advise the court at the conference whether or not there will be full consent from all parties to proceed before the magistrate judge in the case. Until full consents are filed, no trial date will be set. (jlr)
|
| Filing 9 Corporate Disclosure Statement . Filed by Kaiser Foundation Health Plan of the Northwest. (Kitchel, Chris) |
| Filing 8 Answer to #1 Complaint, and Affirmative Defenses. Filed by Kaiser Foundation Health Plan of the Northwest, Gayle M. Littlejohn, Ebony S. Sage. (Kitchel, Chris) |
|
Filing 7
ORDER by Magistrate Judge Janice M. Stewart: Granting Motion for Extension of Time to Answer #3 filed by defendant Kaiser Foundation as to all defendants. Answer is due by 2/10/2012. (jlr)
|
| Filing 6 Affidavit of Service upon Ebony S. Sage served on 1/3/2012 Filed by Eunice E. Taylor. (Park, David) |
| Filing 5 Affidavit of Service upon Gayle M. Littlejohn served on 1/9/2012 Filed by Eunice E. Taylor. (Park, David) |
| Filing 4 Affidavit of Service upon Kaiser Foundation Health Plan of the Northwest served on 12/30/2011 Filed by Eunice E. Taylor. (Park, David) |
| Filing 3 Unopposed Motion for Extension of Time to Answer /Appear and Respond to Complaint. Filed by Kaiser Foundation Health Plan of the Northwest. (Thompson, Andrea) |
|
Filing 2
Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Magistrate Judge Janice M. Stewart. Discovery is to be completed by 4/26/2012. Joint Alternate Dispute Resolution Report is due by 5/29/2012. Pretrial Order is due by 5/29/2012. Ordered by Magistrate Judge Janice M. Stewart. (eo)
|
| Filing 1 Complaint. Filing Fee in amount of $350 collected. Receipt No. 44631. Summons issued as to Kaiser Foundation Health Plan of the Northwest, Gayle M. Littlejohn, and Ebony S. Sage. Jury Trial Requested: Yes. Filed by Eunice E. Taylor against Kaiser Foundation Health Plan of the Northwest, Gayle M. Littlejohn, Ebony S. Sage. (Attachments: #1 Civil Cover Sheet, #2 Issued Summons (all defendants)) (eo) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Oregon District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
