Hollowell v. Kaiser Foundation Health Plan of the Northwest
| Rodney Hollowell |
| Kaiser Foundation Health Plan of the Northwest doing business as Kaiser Permanente |
| 3:2012cv02128 |
| November 21, 2012 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| John V Acosta |
| Civil Rights: Employment |
| 28 U.S.C. § 1331 |
| Both |
Docket Report
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This docket was last retrieved on September 22, 2017. A more recent docket listing may be available from PACER.
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| Filing 156 Clerk's Notice of Mailing regarding Order on Cost bill, Order on Findings & Recommendation #155 Mailed to Plaintiff on 9/22/2017. (mja) |
Filing 155
ORDER - No party having made objections, this Court follows the recommendation of the Advisory Committee and reviews Judge Acosta's Findings and Recommendation for clear error on the face of the record. No such error is apparent. Accordingly, the Court ADOPTS Judge Acostas Findings and Recommendation. ECF #152 . Defendants supplemental bill of costs (ECF #146 ) isGRANTED. The Court awards the additional costs of $646.80 to the previously awarded $4,736.60, for a total of $5,383.40 Signed on 9/22/2017 by Judge Michael H. Simon. (mja)
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| Filing 154 Clerk's Notice of Mailing to Rodney Hollowell regarding Findings & Recommendation Referred 153 . (peg) |
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Filing 153
ORDER by Judge Acosta- REFERRING Findings & Recommendation #152 regarding defendant's Supplemental Bill of Costs #146 to the Honorable Michael H. Simon for review and final determination. (peg)
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| Filing 152 FINDINGS and RECOMMENDATION - Findings & Recommendation: For the reasons stated Kaisers Supplement Bill of Costs #146 should be GRANTED. Kaiser should be awarded costs of $646.80 in addition to the $4,736.60 previously awarded, for a total of $5,383.40.2 Scheduling Order : The Findings and Recommendation will be referred to a district judge for review. Objections, if any, are due September 18, 2017. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due within 14 days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings andRecommendation will go under advisement. DATED this 31st day of August, 2017, by United States Magistrate Judge John V. Acosta. (copy mailed to plaintiff) (peg) |
| Filing 151 MANDATE of USCA for the 9th Circuit, USCA # 14-35882, re Notice of Appeal #133 entered 7/25/2017. The decision of the District Court is AFFIRMED. (Attachments: #1 7/3/2017 Memorandum) (jtj) |
| Filing 150 Clerk's Notice of Mailing to Rodney Hollowell regarding Scheduling Order 149 . (peg) |
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Filing 149
SCHEDULING ORDER by Judge Acosta - Defendant's Supplemental Bill of Costs #146 will be taken under advisement by the Court as of 8/17/17. Any objections by Plaintiff are to be filed no later than 8/16/17. (peg)
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| Filing 148 Notice re Bill of Costs #146 (of Conferral) Filed by Kaiser Foundation Health Plan of the Northwest (Related document(s): Bill of Costs #146 .) (Rosenbaum, Laura) |
| Filing 147 Affidavit in Support of Motion Supplemental Bill of Costs. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Bill of Costs #146 .) (Rosenbaum, Laura) |
| Filing 146 Supplemental Bill of Costs . Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura) |
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Filing 145
Order from USCA for the 9th Circuit, USCA # 14-35882 re Notice of Appeal #133 . Kenneth Mitchell-Phillips' motion to withdraw as counsel for appellant Rodney Hollowell, filed on February 14, 2017, is hereby GRANTED. (jtj)
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Filing 144
Order from USCA for the 9th Circuit, USCA # 14-35882 re Notice of Appeal, #133 . The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument. This case shall be submitted on the briefs and record, without oral argument, on May 9, 2017 in Portland. Fed. R. App. P. 34(a)(2). (jtj)
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| Filing 143 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on July 11, 2013, before Judge John V. Acosta, Court Reporter Jill L. Erwin, telephone number (503)326-8191. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 6/22/2015. Redaction Request due 7/6/2015. Redacted Transcript Deadline set for 7/16/2015. Release of Transcript Restriction set for 9/14/2015. (Erwin, Jill) |
| Filing 142 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion hearing held on July 15, 2014 before Judge John V. Acosta, 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. Afterwards it may be obtained from the Court Reporter (503-326-8186) or through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/9/2015. Redaction Request due 1/23/2015. Redacted Transcript Deadline set for 2/2/2015. Release of Transcript Restriction set for 4/2/2015. (Walker, Nancy) |
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Filing 141
ORDER - As no party has made objections, this Court follows the recommendation of the Advisory Committee and reviews Judge Acosta's Findings and Recommendation for clear error on the face of the record. No such error is apparent. Accordingly, the Court ADOPTS Judge Acosta's Findings and Recommendation, Dkt. #136 . Kaiser's Bill of Costs (Dkt. #128 ) is GRANTED in part and DENIED in part, for a total cost award of $4,736.60. Signed on 12/2/2014 by Judge Michael H. Simon. (mja) Modified on 12/3/2014 correct filing date (mja).
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Filing 139
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: Docket event #25 is the Minutes of Proceeding for a hearing held on July 11, 2013. However, the docket event was entered on July 15, 2013. This docket event text will be corrected to reflect it is for the hearing held July 11, 2013, and the Court will also enter a housekeeping docket event file-dated July 11, 2013, to reflect this error; the parties will receive notice of this housekeeping correction for informational purposes only and no action is required. (sm)
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| Filing 138 Transcript Designation and Order Form for the hearing held on 7/15/2014 before Judge Acosta. Court Reporter: Nancy Walker. . Filed by Rodney Hollowell. Transcript is due by 12/29/2014. (Noble, Gerald) |
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Filing 137
ORDER by Judge Acosta - REFERRING Findings & Recommendation #136 and Bill of Costs #128 to the Honorable Michael H. Simon for review. (peg)
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| Filing 136 FINDINGS and RECOMMENDATION - For the reasons stated, Kaisers Bill of Costs #128 should be GRANTED in part and DENIED in part, for a total cost award of $4,736.60. Scheduling Order: The Findings and Recommendation will be referred to a district judge for review. Objections, if any, are due November 14, 2014. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due within 14 days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings andRecommendation will go under advisement. DATED this 30th day of October, 2014, by United States Magistrate Judge John V. Acosta. (peg) |
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Filing 135
ORDER - Granting Plaintiff's Motion for Leave to Appeal in Forma Pauperis #131 . Ordered by Judge Michael H. Simon. (mja)
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Filing 134
ORDER by Judge Acosta - REFERRING plaintiff's motion for leave to proceed IFP on appeal #131 to Judge Simon for his consideration. (peg)
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| Filing 133 Notice of Appeal to the 9th Circuit from Order on motion for partial summary judgment,,, Order on Findings & Recommendation,,,,,,,,,,, #126 , Judgment #127 (fee waiver status selected (IFP)) . Filed by Rodney Hollowell. (Attachments: #1 Attachment Copy of Judgment) (Noble, Gerald) |
| Filing 132 Declaration of Gerald Noble . Filed by Rodney Hollowell. (Related document(s): Motion for Leave to Appeal in forma pauperis #131 .) (Attachments: #1 Exhibit Order on Fee Waiver) (Noble, Gerald) |
| Filing 131 Motion for Leave to Appeal in forma pauperis . Filed by Rodney Hollowell. (Noble, Gerald) |
| USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #133 . Case Appealed to 9th Circuit Court of Appeals Case Number 14-35882 assigned. (dsg) |
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Filing 130
SCHEDULING ORDER by Judge Acosta - Plaintiff's opposition brief, if any to defendasnt's Bill of Costs #128 is due no later than 10/23/14. The Bill of Costs will go under advisement on 10/24/14. (peg) Modified on 10/7/2014 (peg).
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| Filing 129 Affidavit of Laura E. Rosenbaum Verifying Bill of Costs. Filed by All Defendants. (Related document(s): Bill of Costs #128 .) (Rosenbaum, Laura) |
| Filing 128 Bill of Costs . Filed by All Defendants. (Rosenbaum, Laura) |
| Filing 127 Judgment. Signed on 9/22/2014 by Judge Michael H. Simon. (mja) |
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Filing 126
ORDER - The Court declines to adopt Judge Acosta's evidentiary rulings. In all other respects, the Court ADOPTS Judge Acosta's Findings and Recommendations, Dkts. #119 , #120 . Kaisers motion for partial summary judgment on Hollowell's First, Second, Eighth, Ninth, and Tenth Claims for Relief (Dkt. #57 ) is GRANTED. Kaiser's motion for partial summary judgment on Hollowell's Fifth, Sixth, and Seventh Claims for Relief (Dkt. #50 ) is GRANTED. Hollowell's motion for partial summary judgment on his Fifth Claim for Relief (Dkt. #64 ) is DENIED. Ordered by Judge Michael H. Simon. (mja)
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| Filing 125 Response to Objections to Findings & Recommendation. on Plaintiff's Remaining Claims Related document(s): #123 Objections to Findings & Recommendation. Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura) |
| Filing 124 Response to Objections to Findings & Recommendation. on Plaintiff's Pay-Related Claims Related document(s): #122 Objections to Findings & Recommendation,. Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura) |
| Filing 123 Objections to Findings & Recommendation: Motion for Partial Summary Judgment on Plaintiff's Remaining Claims #57 #120 Oral Argument requested. Filed by Rodney Hollowell. (Noble, Gerald) |
| Filing 122 Objections to Findings & Recommendation: Motion for Partial Summary Judgment #64 , Motion for Partial Summary Judgment (Summary Judgment on Plaintiff's Pay-related Claims) #50 should be gr #119 Oral Argument requested. Filed by Rodney Hollowell. (Noble, Gerald) |
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Filing 121
ORDER by Judge Acosta - REFERRING Findings and Recommendations #119 and Findings and Recommendation #120 to the Honorable Michael H. Simon for review. (peg)
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| Filing 120 FINDINGS and RECOMMENDATION - Kaisers motion #57 for partial summary judgment on Hollowells First and Second Claims for Relief for violation of the Acts, Eighth and Ninth Claims for Relief for violations of Section1981, and Tenth Claim for Relief for violations of Section 1981 and Section 659A.030 should be GRANTED. In light of Hollowells concession on his Third and Fourth Claims for Relief for violation of state law disability discrimination claims and this courts ruling recommending summaryjudgment on Hollowells pay-related claims alleged in his Fifth, Sixth, and Seventh Claims for Relief, this action should be dismissed with prejudice. Kaisers objections to Hollowells evidentiary submissions are overruled with regard to specific material offered in the declarations of Leach, Brooks, Hollowell, Gardner, Butchek, and Shambry as identified above and sustained in all other respects. The Findings and Recommendation will be referred to a district judge for review. Objections, if any, are due August 12, 2014. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due within 14 days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and recommendation will go under advisement. Signed on 7/28/14 by Magistrate Judge John V. Acosta. (peg) |
| Filing 119 FINDINGS and RECOMMENDATION - Kaiser's motion #50 for partial summary judgment on Hollowell's Fifth, Sixth, and Seventh Claims for Relief under the Act and Section 1981 should be GRANTED. Hollowell's motion #64 for partial summary judgment on his Fifth Claim for Relief alleging violation of the Act should be DENIED. Kaiser's objections to Hollowell's evidentiary submissions are overruled with regard to Sampson's declaration and sustained in all other respects. The Findings and Recommendation will be referred to a district judge for review. Objections if any, are due by 8/12/14. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due within 14 days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. Signed on 7/28/14 by Magistrate Judge John V. Acosta. (peg) |
| Filing 118 MINUTES of Proceedings: Motion Hearing held on Plaintiff's Motion to Supplement #114 , Defendant's Motion #50 for Partial Summary Judgment on Pay-Related Claims, Defendant's Motion #57 for Partial Summary Judgment on Remaining Claims and Plaintiff's Motion #64 for Partial Summary Judgment. ORDER: Motions #50 , #57 , #64 for partial summary judgment are taken under advisement as of 7/15/14. FURTHER ORDERED that Plaintiff's Motion #114 for supplemental Briefing in Support of His FMLA/OFLA, Equal Pay Act, Discriminatory Pay and Discriminatory Investigation Claims is DENIED. Gerald Noble present as counsel for plaintiff(s). Laura Rosenbaum, Chris Kitchel present as counsel for defendant(s). Court Reporter: Nancy Walker. Magistrate Judge John V. Acosta presiding. (peg) |
| Filing 117 Response in Opposition to Motion to Supplement BRIEFING IN SUPPORT OF PLAINTIFF'S FMLA/OFLA, EQUAL PAY ACT, DISCRIMINATORY PAY AND DISCRIMINATORY INVESTIGATION CLAIMS #114 . Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura) |
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Filing 116
SCHEDULING ORDER by Judge Acosta - Plaintiff's newly filed motion #114 to supplement briefing in support of his FMLA/OFLA, equal pay act, discriminatory pay and discriminatory investigation claims is set for discussion at the oral argument hearing already set for Tuesday, July 15, 2014, at 10:00AM, in Courtroom 11B regarding the pending motions for summary judgment. (peg)
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| Filing 115 Declaration of Gerald Noble in Support Plaintiffs Motion For Supplemental Briefing In Support Of His FMLA/OFLA, Equal Pay Act, Discriminatory Pay And Discriminatory Investigation Claims. Filed by Rodney Hollowell. (Related document(s): Motion to Supplement #114 .) (Attachments: #1 Appendix Exhibit A, #2 Exhibit Exhibit B, #3 Attachment Attachment to Exhibit B, #4 Exhibit Exhibit C, #5 Attachment Attachment to Exhibit C, #6 Attachment Attachment to Exhibit C, #7 Attachment Attachment to Exhibit C, #8 Attachment Attachment to Exhibit C, #9 Attachment Attachment to Exhibit C, #10 Attachment Attachment to Exhibit C, #11 Attachment Attachment to Exhibit C, #12 Attachment Attachment to Exhibit C, #13 Attachment Attachment to Exhibit C, #14 Attachment Attachment to Exhibit C, #15 Attachment Attachment to Exhibit C, #16 Attachment Attachment to Exhibit C, #17 Attachment Attachment to Exhibit C, #18 Attachment Attachment to Exhibit C, #19 Attachment Attachment to Exhibit C, #20 Attachment Attachment to Exhibit C, #21 Attachment Attachment to Exhibit C, #22 Attachment Attachment to Exhibit C, #23 Attachment Attachment to Exhibit C) (Noble, Gerald) |
| Filing 114 Motion to Supplement BRIEFING IN SUPPORT OF PLAINTIFF'S FMLA/OFLA, EQUAL PAY ACT, DISCRIMINATORY PAY AND DISCRIMINATORY INVESTIGATION CLAIMS. Filed by Rodney Hollowell. (Noble, Gerald) |
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Filing 113
SCHEDULING ORDER by Judge Acosta - SETTING the parties' cross-motions for partial summary judgment #50 , #57 , #64 for oral argument on Tuesday, July 15, 2014, at 10:00AM, in Courtroom 11B, before United States Magistrate Judge John V. Acosta. (peg)
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| Filing 112 Sur-Reply TO DEFENDANTS EVIDENTIARY OBJECTIONS TO PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT Oral Argument requested. Filed by Rodney Hollowell. (Noble, Gerald) |
| Filing 111 Sur-Reply SURREPLY TO DEFENDANTS EVIDENTIARY OBJECTIONS TO PLAINTIFFS RESPONSE TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF'S REMAINING CLAIMS Oral Argument requested. Filed by Rodney Hollowell. (Noble, Gerald) |
| Filing 110 Sur-Reply TO DEFENDANTS EVIDENTIARY OBJECTIONS TO PLAINTIFFS RESPONSE TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF'S PAY-RELATED CLAIMS Oral Argument requested. Filed by Rodney Hollowell. (Noble, Gerald) |
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Filing 109
SCHEDULING ORDER by Judge Acosta - Plaintiff's counsel may file a sur-reply ONLY as to the evidentiary objections contained in both defendant's motions for partial summary judgment and defendant's opposition to Hollowell's motion for partial summary judgment. Plaintiff's sur-reply is due on or before 1/6/14. The three motions for partial summary judgment #50 , #57 , #64 will now be taken under advisement as of 3/7/14; the request for oral argument on these motions will be considered in due course. (peg)
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| Filing 108 Declaration of Chris Kitchel . Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Certificate of Compliance #107 .) (Kitchel, Chris) |
| Filing 107 Certificate of Compliance . Filed by Kaiser Foundation Health Plan of the Northwest. (Kitchel, Chris) |
| Filing 106 Reply to Motion for Partial Summary Judgment #64 Oral Argument requested. Filed by Rodney Hollowell. (Noble, Gerald) |
| Filing 105 Declaration of Marty Peterson in Support of Kaiser's Motion for Summary Judgment on Remaining Claims. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Reply to Motion #103 , Motion for Partial Summary Judgment #57 .) (Rosenbaum, Laura) |
| Filing 104 Supplemental Declaration of Laura E. Rosenbaum in Support of Kaiser's Motion for Summary Judgment on Plaintiff's Remaining Claims. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Reply to Motion #103 , Motion for Partial Summary Judgment #57 .) (Rosenbaum, Laura) |
| Filing 103 Reply to Motion for Partial Summary Judgment on Plaintiff's Remaining Claims #57 . Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura) |
| Filing 102 Reply to Motion for Partial Summary Judgment (Summary Judgment on Plaintiff's Pay-related Claims) #50 . Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura) |
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Filing 101
ORDER by Judge Acosta - GRANTING defendant's unopposed motion #100 for extension of time on behalf of all parties to allow for an extension of time to 10/28/13 for replies to be filed regarding pending summary judgment motions #50 , #57 , #64 . (peg)
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| Filing 100 Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Partial Summary Judgment #64 , Motion for Partial Summary Judgment (Summary Judgment on Plaintiff's Pay-related Claims) #50 , Motion for Partial Summary Judgment on Plaintiff's Remaining Claims #57 . Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura) |
| Filing 99 Notice re Response in Opposition to Motion #76 Table of Contents and Table of Authorities Filed by Rodney Hollowell (Related document(s): Response in Opposition to Motion #76 .) (Noble, Gerald) |
| Filing 98 Declaration of Gerald Noble . Filed by Rodney Hollowell. (Related document(s): Response in Opposition to Motion #94 .) (Attachments: #1 Exhibit Exhibit A) (Noble, Gerald) |
| Filing 97 Memorandum in Support . Filed by Rodney Hollowell. (Related document(s): Response in Opposition to Motion #94 .) (Attachments: #1 Exhibit Exhibits A and B, #2 Exhibit Exhibit C, #3 Exhibit Exhibit D, #4 Exhibit Exhibit E, #5 Exhibit Exhibit F) (Noble, Gerald) |
| Filing 96 Declaration of Rodney Hollowell . Filed by Rodney Hollowell. (Related document(s): Response in Opposition to Motion #94 .) (Noble, Gerald) |
| Filing 95 Memorandum in Support . Filed by Rodney Hollowell. (Related document(s): Response in Opposition to Motion #94 .) (Noble, Gerald) |
| Filing 94 Response in Opposition to Motion for Partial Summary Judgment (Summary Judgment on Plaintiff's Pay-related Claims) #50 Oal Argument requested. Filed by Rodney Hollowell. (Noble, Gerald) |
| Filing 93 Exhibits re Response in Opposition to Motion #76 . Filed by Rodney Hollowell. (Attachments: #1 Exhibit Exhibit 25) (Noble, Gerald) |
| Filing 92 Exhibits re Response in Opposition to Motion #76 . Filed by Rodney Hollowell. (Attachments: #1 Exhibit Exhibit 30, #2 Exhibit Exhibit 31, #3 Exhibit Exhibit 32, #4 Exhibit Exhibit 19, #5 Exhibit Exhibit 27) (Noble, Gerald) |
| Filing 91 Exhibits re Response in Opposition to Motion #76 . Filed by Rodney Hollowell. (Attachments: #1 Exhibit Exhibit 22, #2 Exhibit Exhibit 24, #3 Exhibit Exhibit 26, #4 Exhibit Exhibit 28, #5 Exhibit Exhibit 29) (Noble, Gerald) |
| Filing 90 Exhibits re Response in Opposition to Motion #76 . Filed by Rodney Hollowell. (Attachments: #1 Exhibit Exhibit 16, #2 Exhibit Exhibit 17, #3 Exhibit Exhibit 18, #4 Exhibit Exhibit 20, #5 Exhibit Exhibit 21) (Noble, Gerald) |
| Filing 89 Exhibits re Response in Opposition to Motion #76 . Filed by Rodney Hollowell. (Attachments: #1 Exhibit Exhibit 11, #2 Exhibit Exhibit 12, #3 Exhibit Exhibit 13, #4 Exhibit Exhibit 14, #5 Exhibit Exhibit 15) (Noble, Gerald) |
| Filing 88 Exhibits re Response in Opposition to Motion #76 . Filed by Rodney Hollowell. (Attachments: #1 Exhibit Exhibit 6, #2 Exhibit Exhibit 7, #3 Exhibit Exhibit 8, #4 Exhibit Exhibit 9, #5 Exhibit Exhibit 10) (Noble, Gerald) |
| Filing 87 Declaration of Rodney Hollowell . Filed by Rodney Hollowell. (Related document(s): Response in Opposition to Motion #76 .) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5) (Noble, Gerald) |
| Filing 86 Declaration of Mary Elizabeth Harper . Filed by Rodney Hollowell. (Related document(s): Response in Opposition to Motion #76 .) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7) (Noble, Gerald) |
| Filing 85 Declaration of Martha Thomas . Filed by Rodney Hollowell. (Related document(s): Response in Opposition to Motion #76 .) (Noble, Gerald) |
| Filing 84 Declaration of Kayla Butchek . Filed by Rodney Hollowell. (Related document(s): Response in Opposition to Motion #76 .) (Noble, Gerald) |
| Filing 83 Declaration of David Shambry . Filed by Rodney Hollowell. (Related document(s): Response in Opposition to Motion #76 .) (Noble, Gerald) |
| Filing 82 Declaration of Kristen Gardner . Filed by Rodney Hollowell. (Related document(s): Response in Opposition to Motion #76 .) (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C) (Noble, Gerald) |
| Filing 81 Declaration of Tessa Brooks . Filed by Rodney Hollowell. (Related document(s): Response in Opposition to Motion #76 .) (Attachments: #1 Exhibit Exhibits A and B, #2 Exhibit Exhibit C, #3 Exhibit Exhibit D, #4 Exhibit Exhibit E, #5 Exhibit Exhibit F) (Noble, Gerald) |
| Filing 80 Declaration of Vici Leach . Filed by Rodney Hollowell. (Related document(s): Response in Opposition to Motion #76 .) (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C) (Noble, Gerald) |
| Filing 79 Declaration of Donna Warner . Filed by Rodney Hollowell. (Related document(s): Response in Opposition to Motion #76 .) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9) (Noble, Gerald) |
| Filing 78 Declaration of Gerald Noble . Filed by Rodney Hollowell. (Related document(s): Response in Opposition to Motion #76 .) (Attachments: #1 Exhibit Exhibit C, #2 Exhibit Exhibit D, #3 Exhibit Exhibit B, #4 Exhibit Exhibit A) (Noble, Gerald) |
| Filing 77 Memorandum in Support . Filed by Rodney Hollowell. (Related document(s): Response in Opposition to Motion #76 .) (Noble, Gerald) |
| Filing 76 Response in Opposition to Motion for Partial Summary Judgment on Plaintiff's Remaining Claims #57 Oral Argument requested. Filed by Rodney Hollowell. (Noble, Gerald) |
| Filing 75 Response in Opposition to Motion for Partial Summary Judgment #64 Oral Argument requested. Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura) |
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Filing 74
ORDER by Judge Acosta - (1) DENYING as MOOT plaintiff's motion #72 to extend time as an amended motion #73 to extend time has been filed. (2) GRANTING amended motion to extend time #73 as follows: (3) all responses to pending motions for summary judgment are due by 10/7/13. (4) All replies to pending summary judgment motions are now due by 10/22/13. (Motions #57 , #64 , #50 ). (peg)
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| Filing 73 Amended Motion for Extension of Time to File a Response/Reply to Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Partial Summary Judgment #64 , Motion for Partial Summary Judgment (Summary Judgment on Plaintiff's Pay-related Claims) #50 , Motion for P #72 . Filed by Rodney Hollowell. (Noble, Gerald) |
| Filing 72 Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Partial Summary Judgment #64 , Motion for Partial Summary Judgment (Summary Judgment on Plaintiff's Pay-related Claims) #50 , Motion for Partial Summary Judgment on Plaintiff's Remaining Claims #57 . Filed by Rodney Hollowell. (Noble, Gerald) |
| Filing 71 Declaration of Tessa Brooks In Support of Plaintiff's Motion for Partial Summary Judgment. Filed by Rodney Hollowell. (Related document(s): Motion for Partial Summary Judgment #64 .) (Noble, Gerald) |
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Filing 70
SCHEDULING ORDER by Judge Acosta - Kaiser's motion[50 for partial summary judgment on pay-related claims, Kaiser's motion #57 for summary judgment on plaintiff's remaining claims and Plaintiff's motion #64 for partial summary judgment will all be taken under advisement by the court on 12/27/13; Responses to all three motions are due by 10/4/13; Replies are due by 10/18/13; the request for oral argument will be considered in due course. (peg)
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| Filing 69 Declaration of La Donna Sullivan (SIGNED) in Support of Motion for Summary Judgment on Remaining Claims. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Partial Summary Judgment #57 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U) (Rosenbaum, Laura) |
| Filing 68 Declaration of Tessa Brooks . Filed by Rodney Hollowell. (Related document(s): Motion for Partial Summary Judgment #64 .) (Attachments: #1 Exhibit Exs. A and B, #2 Exhibit Ex. C, #3 Exhibit Ex. D, #4 Exhibit Ex. E, #5 Exhibit Ex. F) (Noble, Gerald) |
| Filing 67 Declaration of Rodney Hollowell . Filed by Rodney Hollowell. (Related document(s): Motion for Partial Summary Judgment #64 .) (Noble, Gerald) |
| Filing 66 Declaration of Gerald Noble . Filed by Rodney Hollowell. (Related document(s): Motion for Partial Summary Judgment #64 .) (Attachments: #1 Exhibit Sampson Dep.) (Noble, Gerald) |
| Filing 65 Plaintiff's Memorandum in Support . Filed by Rodney Hollowell. (Related document(s): Motion for Partial Summary Judgment #64 .) (Noble, Gerald) |
| Filing 64 Motion for Partial Summary Judgment . Oral Arument requested. Filed by Rodney Hollowell. (Noble, Gerald) |
| Filing 63 Unsigned Declaration of La Donna Sullivan in Support of Motion for Summary Judgment on Remaining Claims. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Partial Summary Judgment #57 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U) (Rosenbaum, Laura) |
| Filing 62 Declaration of Andrew Loomis in Support of Kaiser's Motion for Summary Judgment on Remaining Claims. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Partial Summary Judgment #57 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I) (Rosenbaum, Laura) |
| Filing 61 Exhibits I through Q to Ferguson Declaration re Motion for Partial Summary Judgment on Plaintiff's Remaining Claims #57 , Declaration, #60 . Filed by Kaiser Foundation Health Plan of the Northwest. (Attachments: #1 Exhibit I, #2 Exhibit J, #3 Exhibit K, #4 Exhibit L, #5 Exhibit M, #6 Exhibit N, #7 Exhibit O, #8 Exhibit P, #9 Exhibit Q) (Rosenbaum, Laura) |
| Filing 60 Declaration of Shawn Ferguson in Support of Kaiser's Motion for Summary Judgment on Remaining Claims. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Partial Summary Judgment #57 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Rosenbaum, Laura) |
| Filing 59 Declaration of Laura E. Rosenbaum in Support of Motion for Summary Judgment on Remaining Claims. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Partial Summary Judgment #57 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Rosenbaum, Laura) |
| Filing 58 Memorandum in Support of Motion for Summary Judgment on Plaintiff's Remaining Claims. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Partial Summary Judgment #57 .) (Rosenbaum, Laura) |
| Filing 57 Motion for Partial Summary Judgment on Plaintiff's Remaining Claims. Oral Argument requested. Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura) |
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Filing 56
SCHEDULING ORDER by Judge Acosta - Kaiser's Motion #50 for Partial Summary Judgment will be taken under advisement as of 12/20/13; the request for oral argument will be considered in due course. ORDER: Plaintiff's response deadline to this motion is 10/4/13. (peg)
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| Filing 55 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion hearing held on August 12, 2013 before Judge John V. Acosta, 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. Afterwards it may be obtained from the Court Reporter (503-326-8186) orthrough PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 9/9/2013. Redaction Request due 9/23/2013. Redacted Transcript Deadline set for 10/3/2013. Release of Transcript Restriction set for 11/29/2013. (Walker, Nancy) |
| Filing 54 Declaration of Shawn Ferguson in Support of Motion for Summary Judgment on Pay-Related Claims. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Partial Summary Judgment #50 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Rosenbaum, Laura) |
| Filing 53 Declaration of La Donna Sullivan in Support of Motion for Summary Judgment on Pay-Related Claims. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Partial Summary Judgment #50 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Rosenbaum, Laura) |
| Filing 52 Declaration of Laura E. Rosenbaum in Support of Motion for Summary Judgment on Plaintiff's Pay-Related Claims. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Partial Summary Judgment #50 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Rosenbaum, Laura) |
| Filing 51 Memorandum in Support of Motion for Summary Judgment on Plaintiff's Pay-Related Claims. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Partial Summary Judgment #50 .) (Rosenbaum, Laura) |
| Filing 50 Motion for Partial Summary Judgment (Summary Judgment on Plaintiff's Pay-related Claims). Oral Argument requested. Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura) |
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Filing 49
ORDER by Judge Acosta - GRANTING defendant's unopposed motion #48 for extension of time as follows: (1) Dispositive Motions are due by 9/6/13. (2) Responses to dispositive motions are due by 10/4/13. Replies to dispositive motions are due by 10/18/13. (peg)
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| Filing 48 Motion for Extension of Time (to File Dispositive Motions). Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura) |
| Filing 47 MINUTES of Proceedings: Motion Hearing held re: defendant's Motion for Protective Order #42 . ORDER: (1) GRANTING defendant's motion #42 for protective order as stated on the record. (2) If defendant wishes to file a motion for disqualification it is to be filed on or before 8/26/13. (3) If a motion to disqualify is filed, plaintiff's counsel will have three (3) weeks from the date of the filing of the motion in which to file his response/objections. (4) The court WAIVES the L.R. 7.1 conferral requirement on this particular motion. (5) Plaintiff's counsel is to have no contact with any employee of Kaiser that has responsibility over any other employee. (6) Plaintiff's counsel to provide to defense counsel a more detailed account of what Mr. Cato told him in their telephone conversation by 8/19/13. Gerald Noble present as counsel for plaintiff(s). Chris Kitchel present as counsel for defendant(s). Court Reporter: Nancy Walker. Magistrate Judge John V. Acosta presiding. (Related document(s): Motion for Protective Order #42 .) (peg) |
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Filing 46
SCHEDULING ORDER by Judge Acosta - SETTING defendant's motion #42 for protective order for oral argument at 10:00AM, on Monday, August 12, 2013, in Courtroom 11B, before U.S. Magistrate Judge John V. Acosta. (peg)
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| Filing 45 Declaration of Todd Caito in Support of Motion for Protective Order. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Protective Order #42 .) (Kitchel, Chris) |
| Filing 44 Declaration of Chris Kitchel in Support of Motion for Protective Order. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Protective Order #42 .) (Kitchel, Chris) |
| Filing 43 Kaiser's Memorandum in Support of Motion for Protective Order. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Protective Order #42 .) (Kitchel, Chris) |
| Filing 42 Motion for Protective Order (Expedited Hearing Requested). Oral Argument requested. Filed by Kaiser Foundation Health Plan of the Northwest. (Kitchel, Chris) |
| Filing 41 Answer to #26 Amended Complaint (Second). Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura) |
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Filing 40
Amended Scheduling Order: Responses to Dispositive Motions are due by 10/1/2013. All other deadlines remain the same. Ordered by Magistrate Judge John V. Acosta. (jtj)
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| Filing 39 MINUTES of Proceedings: Motion Hearing and Discovery Conference held before Judge Acosta. ORDER: (1) Site inspection is STRICKEN. (2) Motion to Compel #33 is DENIED. (3) Parties advised as to the court's view on settlement discussions. Dispositive Motion deadlines extended as follows: Dispositive Motions are due by 9/3/2013. Responses to Dispositive Motions are due by 9/24/2013. Replies to Dispositive Motions are due by 10/15/2013. Gerald Noble present as counsel for plaintiff(s). Chris Kitchel present as counsel for defendant(s).(Court Reporter Nancy Walker.) (jtj) |
| Filing 38 Joint ADR Report . Filed by Rodney Hollowell.(Noble, Gerald) |
| Filing 37 Declaration of Laura E. Rosenbaum in Support of Kaiser's Response to Plaintiff's Motion to Compel. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Response in Opposition to Motion #36 , Motion to compel #33 .) (Rosenbaum, Laura) |
| Filing 36 Response in Opposition to Motion to Compel #33 Oral Argument requested. Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura) |
| Filing 35 Declaration of Gerald Noble . Filed by Rodney Hollowell. (Related document(s): Motion to compel #33 .) (Attachments: #1 Exhibit Kaiser's Response to Plaintiff's Second Request for Production) (Noble, Gerald) |
| Filing 34 Memorandum in Support of Plaintiff's Motion to Compel. Filed by Rodney Hollowell. (Related document(s): Motion to compel #33 .) (Noble, Gerald) |
| Filing 33 Motion to Compel . Filed by Rodney Hollowell. (Noble, Gerald) |
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Filing 32
SCHEDULING ORDER by Judge Acosta - SETTING an in-person Discovery Conference regarding the "Site visit" for Friday, August 2, 2013, at 10:00AM, in Judge Acosta's Courtroom 11B. (peg)
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Filing 31
RECORD OF ORDER by Judge Acosta regarding issues arising during Plaintiff's supplemental deposition on July 24, 2013 -- Counsel contacted the court by phone to obtain the court's assistance in resolving two disagreements that arose during Defendant's supplemental deposition of Plaintiff. ORDERED: (1) Plaintiff must identify the witnesses he knows or believes have information relevant to the claims he has asserted in the lawsuit, except that Plaintiff is not required to divulge information about the identity of witnesses obtained solely from his attorney. (2) Plaintiff must produce no later than August 5, 2013, all records of mental health care counseling or treatment, and all records pertaining to prescription medication, which Plaintiff received for any symptom, condition, or other problem Plaintiff believed to be caused in whole or in part by the events he alleges occurred in his Second Amended Complaint. Any such records not disclosed could result in exclusion of such records from trial as well as limitations on Plaintiff's testimony or the testimony of other witnesses regarding Plaintiff's claimed damages. The court reserves for a later time, if necessary, the determination of whether these records entitle Defendant to redepose Plaintiff about the information contained in those records. (peg)
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Filing 30
ORDER by Judge Acosta - At the July 15, 2013, discovery conference 25 I granted in part plaintiff's motion #17 to file a second amended complaint. The result of that order is the addition in this case of two claims for relief, the Sixth and Eighth claims in the Second Amended Complaint. Because I allowed the new claims I also ordered that defendant could redepose Mr. Hollowell on the two new claims. That part of my July 15, 2013, Minute Order reads: "(2) Defendant may redepose plaintiff as to plaintiff's Sixth Claim for Relief for unequal pay discrimination and Eighth Claim for Relief as to discriminatory investigations." Mr. Noble is correct that in my July 15 order I did not set a time limit for the supplemental deposition necessary to explore the two new claims. This order does that. Also, Ms. Rosenbaum refers to a prior order in which I allowed Defendant one (1) additional hour to conclude Plaintiff's deposition, although I do not see a reference to that in any order entered in the court's docket for this case. This order also resolves that uncertainty. A three-hour supplemental deposition is appropriate to cover both the new Sixth and Eighth claims in the Second Amended complaint and to complete questioning on the other claims in the complaint not previously covered, in light of the number of claims for relief Plaintiff asserts in this case. Accordingly: 1. Defendant shall have three (3) additional hours for the purpose of completing questioning on topics from Plaintiff's prior deposition and to cover the Sixth and Eighth claims in Plaintiff's Second Amended Complaint. 2. The deposition shall begin promptly at 1:30 p.m. and shall conclude precisely at 4:30 p.m. If the 4:30 p.m. end time causes Mr. Hollowell to be late reporting for his shift that day, the court ORDERS that Defendant is not to court his tardiness against him in any way and for any purpose. 3. There shall be one (1) 15-minute break taken precisely at 3:00 p.m.; the deposition will resume precisely at 3:15 p.m. This rule is to be adhered to even if it requires a lawyer or a witness to stop in mid-sentence. The court reporter's watch or other time-keeping device will be the official time of the deposition. Start and end times of the deposition, as well as the start and end times of the 15-break, will be in accordance with the court reporter's time-keeping device. The court reporter shall be advised that he/she is to track these times and that he/she shall be the final word on the accuracy of these times. The court reporter has full and sole discretion to determine the method of tracking these times. 4. The start time of the deposition is 1:30 p.m. In the event that a party or witness is late, then: (a) if Defendant's counsel is late, the three-hour time period for deposition is reduced by the number of minutes Defendant's counsel is late; and (b) if Plaintiff's counsel or Plaintiff is late, then the three-hour time period is extended by the number of minutes Plaintiff or Plaintiff's counsel is late. These same rules apply to the resumption of the deposition following the 15-minute break. 5. The Plaintiff's deposition will be stenographically recorded only. Neither side shall appear at deposition with a video recorder, tape recorder, or any other device to be used to record the proceedings or attempt to record the deposition with any recording device.6. All questions will be answered except questions objected to as calling for privileged information. Defendant may later move to compel answers to questions Plaintiff did not answer on instruction of counsel not to answer. The court will rule on the motion and shall award attorney fees to the Plaintiff or Defendant in accordance with its findings and rulings on any such motion. Defendant will be allowed to continue Plaintiff's deposition to obtain answers to any questions the court rules Plaintiff should have been answered. 7. There will be no speaking objections and no argument in response to objections. If desired, Plaintiff may state on the record a continuing objection to a particular line of questioning so as to avoid making repetitive objections. Further, objections shall not be made in a manner or of a frequency which, in the court's opinion, is calculated primarily to consume the available time for Defendant to question Plaintiff. (peg)
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Filing 28
ORDER by Judge Acosta - I have received Plaintiff's email request regarding the parties' previous disagreement over Plaintiff's Rule 34(a) request for inspection of premises, which issue that was not resolved at the July 11 hearing. It is hereby ORDERED as follows: (1) The inspection shall take place on July 25, 2013, beginning precisely at 7:00 p.m., at which time Plaintiff's Group (defined in Number 3, below) shall enter the building containing the areas in the building to be inspected and proceed to the first area in the building to be inspected. (2) During the inspection Plaintiff may videotape and take still photographs of the areas to be inspected, provided that no person is videotaped or photographed. Any area occupied by an employee of the Defendant, or by any other person (e.g., janitorial staff, contractor, etc.) is not to be videotaped or photographed and the employee or other person is not to be asked by Plaintiff or directed by Defendant to move to allow videotaping or photographing to occur. Further, no area to be inspected shall be video recorded or photographed if that area contains visible information, documents, or other items that Defendant considers protected under health care privacy laws, confidentiality policies or practices, and similar laws or established conventions. (3) The inspection shall be attended only by the following persons: (a) On behalf of Plaintiff: Plaintiff's counsel of record; Plaintiff; and if desired or needed, one (1) additional person to operate the video recorder and take photographs ("Plaintiff's Group"); and, (b) On behalf of Defendant: Defendant's counsel of record; one (1) party representative of Defendant; if desired or needed, one (1) facilities person to facilitate the inspection of the identified premises to be inspected; and, if desired or required by Defendant's policies, one (1) security person ("Defendant's Group"). (4) Plaintiff's Group may inspect the following areas: (a) Ms. Sullivans office; (b) the supervisors office; (c) the employee break room; (d) the employee lockers and locker area; (e) Plaintiff's entire work area; (f) Yvonne Simpsons entire work area; (g) "Tyrones" entire work area; (h) Defendant's video surveillance room(s); and, (i). Defendant's Security office(s). NEITHER PLAINTIFF'S GROUP NOR ANY MEMBER OF PLAINTIFF'S GROUP SHALL INSPECT, VIDEO RECORD, OR PHOTOGRAPH ANY OTHER AREA ON THE PREMISES BEING INSPECTED. (5) During the inspection no member of Plaintiff's Group may speak with any employee of Defendant or other person present on the premises during the inspection, except members of Defendant's Group. No member of Plaintiff's Group may ask any member of Defendant's Group any questions relating to any matter pertaining to Plaintiff's lawsuit or any matter pertaining to the premises being inspected. Defendant' Group shall, however, verbally identify each area being inspected so that Plaintiff's Group can confirm that it is being allowed to inspect the areas which area authorized to be inspected by this order. (6) Defendant shall not be required to produce or make available an employee or representative to "test and inspect any equipment or system" in use on or at the premises to be inspected. (7) The inspection of premises shall not exceed two (2) hours. The inspection shall end precisely at 9:00 p.m. At that time, Plaintiff's group, wherever they are in the building and even if not finished with the inspection of areas to be inspected, shall proceed, accompanied by Defendant's group, directly to the door of the building through which Plaintiff's Group entered the premises.(8) The start and end times stated above are to be strictly observed. In the event that either a Group or a member of either Group is late to begin the inspection, then: (a) if it is by Plaintiff's Group, the two-hour time period for the inspection is reduced by the number of minutes past 7:00 p.m. that Plaintiff's Group is late; and (b) if it is Defendant's Group, the two-hour time period for the inspection is extended beyond 9:00 p.m. by the number of minutes Defendant's Group is late. (9) There will be no breaks. The two-hour period for the inspection continues to run notwithstanding either Group's need to use the restroom, make phone calls, change media in any recording device, etc. Because each group consists of multiple persons, any person in either Group needing a break for any reason shall not prevent the remaining persons in that Group from continuing in that Group's role in the inspection. (peg)
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Filing 29
ORDER by Judge Acosta - On my desk is Plaintiff's 30(b)(6) deposition notice (Dkt. No. 27) and the emails exchanged between counsel regarding their dispute over the topics in the deposition notice. A discovery conference convened on July 11, 2013, in part for the purpose of resolving the parties' dispute over Plaintiff's 30(b)(6) deposition request. During the discovery conference we discussed at length what topics would be covered in the 30(b)(6) deposition. That discussion resulted in this order: "(7) Plaintiff may depose defendants 30(b)(6) deponent for a period of time not to exceed three (3) hours, including one 15-minute break, on the topic of defendant's investigative procedures generally and its processing of employee complaints of discrimination, including but not limited to the timeliness of defendants processing, investigation, and resolution of employee discrimination complaints." Minute Order 25 of July 15, 2013. I considered that order clear when I made it at the July 11 hearing and also when I memorialized it in the July 15 minute order. Also, I took care to be very precise and specific about the topics on which Defendant's 30(b)(6) representative(s) could be deposed because counsel in this case have conclusively demonstrated an utter inability to resolve any disagreement between them. On that point, a primary goal of my July 11 discovery conference rulings, including my ruling on the 30(b)(6) dispute, was to ensure that counsel have no cause to interpret my ruling and therefore no reason to disagree about anything pertaining to the discovery remaining to be conducted in this case. Thus I am at a loss to understand how Plaintiff's 30(b)(6) notice could contain seven (7) separately set-out topics for Defendant's 30(b)(6) representative(s), some of which only generally resemble my order and some of which resemble it not at all. The explanation, it seems, is found within the emails exchanged between counsel in which Mr. Noble, in response to Ms. Kitchel's objection to the deposition notice, explains "I think it is consistent with the court's Order (docket#25). I did not order the 30(b)(6) deposition notice to be "consistent" with my order. To the contrary, I specifically and precisely identified the exclusive topics for the 30(b)(6) deposition. That, and only that, was my order. Accordingly, Plaintiff's 30(b)(6) notice is hereby ordered QUASHED. The court further ORDERS that: 1. The 30(b)(6) deposition of Kaiser's representative(s) will occur on Monday, July 29, 2013, at the offices of Stoel Rives LLP, beginning at 9:00 a.m. 2. The subject area for questioning of Kaiser's 30(b)(6) representative(s) is "defendant's investigative procedures generally and its processing of employee complaints of discrimination, including but not limited to the timeliness of defendants processing, investigation, and resolution of employee discrimination complaints." 3. The deposition will not exceed three (3) hours, which time period includes one 15-minute break to occur precisely at 10:30 a.m. and at no other time. This rule is to be adhered to even if it requires a lawyer or a witness to stop in mid-sentence. The courts reporter's watch or other time-keeping device will be the official time of the deposition. Start and end times of the deposition, as well as the start and end times of the 15-break, will be in accordance with the court reporter's time-keeping device. The court reporter shall be advised that he/she is to track these times and that he/she shall be the final word on the accuracy of these times. The court reporter has full and sole discretion to determine the method of tracking these times. 4. The start time of the deposition is 9:00 a.m. In the event that a party or witness is late, then: a) if Plaintiff's counsel is late, the three-hour time period for deposition is reduced by the number of minutes Plaintiff's counsel is late; and b) if Defendant's counsel or witness(es) are late, the three-hour time period for deposition is extended by the number of minutes Defendant's counsel or Defendant's witnesses are late. These same rules apply to the resumption of the deposition following the 15-minute break. 5. The 30(b)(6) deposition will be stenographically recorded only. Neither side shall appear at deposition with a video recorder, tape recorder, or any other device to be used to record the proceedings or attempt to record the deposition with any recording device. 6. All questions will be answered except questions objected as calling for privileged information and questions objected to as outside the scope of the court's order specifying the 30(b)(6) topics. Plaintiff may later move to compel answers to questions a witness did not answer on instruction of counsel not to answer. The court will rule on the motion and shall award attorney fees to the Plaintiff or Defendant in accordance with its findings and rulings on any such motion. Plaintiff will be allowed to continue the 30(b)(6) deposition as to obtain answers to any questions the court rules should have been answered by the witness(es). 7. There will be no speaking objections and no argument in response to objections. If desired, Defendant may state on the record a continuing objection to a particular line of questioning so as to avoid making repetitive objections. Further, objections shall not be made in a manner or of a frequency which, in the court's opinion, is calculated primarily to consume the available time for Plaintiff to question Defendant's 30(b)(6) representative(s).(peg)
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| Filing 27 Amended Notice to Take Deposition . Filed by Rodney Hollowell. (Attachments: #1 Exhibit Exhibit A) (Noble, Gerald) |
| Filing 26 Second Amended Complaint . Filed by Rodney Hollowell against Kaiser Foundation Health Plan of the Northwest. (Noble, Gerald) |
| Filing 25 MINUTES of Proceedings (for hearing held 7/11/2013): Motion Hearing and Discovery Conference held before Judge Acosta. ORDER: (1) Plaintiffs motion (#17) for leave to file a second amended complaint is GRANTED IN PART and DENIED IN PART. GRANTED as to the Fourth Claim for Relief for Failure to Engage in the Interactive Process, Sixth Claim for Relief for unequal pay discrimination, and Eighth Claim for Relief as to discriminatory investigations. FURTHER GRANTED regarding amendment to the damages claims and prayer. DENIED as to the proposed Tenth Claim for Relief for discriminatory termination and the Eleventh Claim for Relief for supervisor harassment. FURTHER GRANTED in all other respects not expressly denied herein. Plaintiff's second amended complaint as ruled on herein is to be filed no later than 5:00 p.m. on Monday, July 22, 2013. (2) Defendant may redepose plaintiff as to plaintiff's Sixth Claim for Relief for unequal pay discrimination and Eighth Claim for Relief as to discriminatory investigations. (3) Defendant to produce documents regarding the discipline imposed on and the pay earned by Chris Clauson and and Ken Cross. Depositions of these witnesses are not permitted. (4) Plaintiff my depose Jeff Baumgartner for a period of time not to exceed one (1) hour, on the topic of Baumgartner's involvement in plaintiff's family medical leave requests. (5) Plaintiff may depose Leonard Hayes for a period of time not to exceed one (1) hour. (6) Plaintiff may depose Yvonne Simpson and Laurel Cutler, each for a period of time not to exceed twenty (20) minutes. Each may be asked questions only about their job duties and their pay received during the period in question. Simpsons deposition may be in-person or by telephone, at plaintiff's election. Cutlers depo shall be by telephone. (7) Plaintiff may depose defendants 30(b)(6) deponent for a period of time not to exceed three (3) hours, including one 15-minute break, on the topic of defendant's investigative procedures generally and its processing of employee complaints of discrimination, including but not limited to the timeliness of defendant's processing, investigation, and resolution of employee discrimination complaints. (8) Defendant shall produce all documents setting out Kaiser's the procedures generally followed in investigating employee complaints of discrimination. (9) Defendant shall produce all documents specific to its investigations of plaintiff's internal complaints of discrimination. (10) Defendant shall identify by name and title the person or persons who were the the source of certain documents produced by defendant during discovery. Plaintiff is to provide a list of the document he wishes defendant to identify, such list to be provided to defendant not later than Thursday, July 18, 2013, at 5:00 p.m. All information and documents ordered to be produced herein shall be produced no later than Friday, July 26, 2013. The parties are to cooperate in scheduling the depositions ordered herein to be held and conclude within the July 31, 2013, close of discovery date. If the parties, or either of them, require time beyond that date within which to complete the ordered depositions, and if they cannot agree on the need for additional time, they are to contact Paul Gale, courtroom deputy, to obtain a time for a discovery conference. Gerald Noble present as counsel for plaintiff. Chris Kitchel, Laura Rosenbaum present as counsel for defendant. (Court Reporter Jill Erwin.) (peg) Modified on 7/15/2013 (peg). Modified on 11/21/2014 (sm). |
| Filing 140 Minutes of Proceeding. Discovery Conference. (Please see Minutes of Proceeding #25 and Administrative Correction Order #139.) (sm) |
| Filing 24 Reply to Motion for Leave to File Amended Complaint/Petition #17 . Filed by Rodney Hollowell. (Noble, Gerald) |
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Filing 23
SCHEDULING ORDER by Judge Acosta - SETTING an in-person discovery conference for Thursday, July 11, 2013, at 2:00PM, in Courtroom 11B. (peg)
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| Filing 22 Declaration of Chris Kitchel in Support of Opposition to Plaintiff's Motion to Amend Complaint. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Response in Opposition to Motion #21 , Motion for Leave to File Amended Complaint/Petition #17 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Rosenbaum, Laura) |
| Filing 21 Response in Opposition to Motion for Leave to File Amended Complaint/Petition #17 . Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura) |
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Filing 20
SCHEDULING ORDER by Judge Acosta - Defendant's response to plaintiff's motion for leave to file a second amended complaint #17 is due on or before 7/8/13. Plaintiff's motion to amend #17 will be taken under advisement by the Court as of 7/9/13. (peg)
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| Filing 19 Exhibits re Motion for Leave to File Amended Complaint/Petition #17 . Filed by Rodney Hollowell. (Noble, Gerald) |
| Filing 18 Declaration of Gerald Noble . Filed by Rodney Hollowell. (Related document(s): Motion for Leave to File Amended Complaint/Petition #17 .) (Noble, Gerald) |
| Filing 17 Motion for Leave to File Amended Complaint/Petition . Filed by Rodney Hollowell. (Noble, Gerald) |
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Filing 16
STIPULATED PROTECTIVE ORDER - Signed on 5/7/13 by Magistrate Judge John V. Acosta. (peg)
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| Filing 15 MINUTES of Proceedings: Discovery/Status Conference held before Judge Acosta. ORDER: 1) Depositions previously scheduled for this Thursday and Friday, 4/4/13 and 4/5/13, are to go forward as planned. 2) Both parties may file motions to compel discovery if they deem it necessary. 3) Plaintiff's request to schedule a 30(b)(6) deposition is deferred pending the results of the 4/4/13 and 4/5/13 depositions. 4) Each party is to submit to Judge Acosta's chambers for in camera review (do not file in the ECF system) their own form of protective order. Gerald Noble present as counsel for plaintiff. Chris Kitchel, Laura Rosenbaum present as counsel for defendant. (Court Reporter Nancy Walker.) (peg) |
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Filing 14
SCHEDULING ORDER by Judge Acosta - SETTING an in-person Status/Discovery Conference for Wednesday, April 3, 2013, at 9:30AM, in Courtroom 11B. (peg)
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| Filing 13 MINUTES of Proceedings: Telephone Rule 16 Conference held by Judge Acosta. ORDER - SETTING the following case management schedule: (1) Discovery to be completed and a joint ADR report filed by 7/31/13; (2) Dispositive motions, if any, to be filed by 8/19/13; (3) Responses to dispositive motions are due by 9/16/13; (4) Replies are due by 9/30/13; (5) Parties to notify courtroom deputy, Paul Gale, within 10 days of today's hearing regarding consent to jurisdiction by a United States Magistrate Judge in this matter. If a party does wish to consent, a signed hard copy of the consent form must be mailed or hand-delivered to Clerk's Office, it cannot be e-filed; (6) DEFERRING the filing of a pretrial order; (7) Plaintiff's expert disclosures due within 30 days of the court's ruling on dispositive motions, or if no dispositive motions are filed, within 30 days of the dispositive motion filing deadline; (8) Defendant's expert disclosures are due 30 days after plaintiff's disclosure deadline. Joint Alternate Dispute Resolution Report is due by 7/31/2013. Discovery is to be completed by 7/31/2013. Dispositive Motions are due by 8/19/2013. Responses to Dispositive Motions are due by 9/16/2013. Replies to Dispositive Motions are due by 9/30/2013. Consent to Magistrate, if any, is to be filed by 3/8/2013. Gerald Noble present as counsel for plaintiff(s). Chris Kitchel, Laura Rosenbaum present as counsel for defendant(s). Court Reporter: None. Magistrate Judge John V. Acosta presiding. (peg) |
| Filing 12 Answer to #11 Amended Complaint . Filed by Kaiser Foundation Health Plan of the Northwest. (Kitchel, Chris) |
| Filing 11 First Amended Complaint . Filed by Rodney Hollowell against Kaiser Foundation Health Plan of the Northwest. (Noble, Gerald) |
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Filing 10
SCHEDULING ORDER by Judge Acosta - RESETTING the Telephone Rule 16 Conference from 2/28/13, to Wednesday, February 27, 2013, at 9:30AM; Court staff will initiate the call. (peg)
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Filing 9
ORDER by Judge Acosta - GRANTING plaintiff's unopposed motion #7 leave to file a first amended complaint. Plaintiff is to file the first amended complaint no later than 2/8/13. (peg)
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| Filing 8 Declaration of Gerald Noble . Filed by Rodney Hollowell. (Related document(s): Motion for Leave to File Amended Complaint/Petition #7 .) (Attachments: #1 Exhibit Exhibit A - First Amended Complaint) (Noble, Gerald) |
| Filing 7 Unopposed Motion for Leave to File Amended Complaint/Petition . Filed by Rodney Hollowell. (Noble, Gerald) |
| Filing 6 Fed. R. Civ. P. 26(a)(1) Agreement . Filed by Rodney Hollowell. (Noble, Gerald) |
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Filing 5
SCHEDULING ORDER by Judge Acosta - SETTING a Telephone Rule 16 Conference for Thursday, February 28, 2013, at 9:30AM; Court staff will initiate the call. (peg)
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Filing 4
Notice of Case Assignment to Magistrate Judge John V. Acosta and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 3/21/2013. Joint Alternate Dispute Resolution Report is due by 4/22/2013. Pretrial Order is due by 4/22/2013. Ordered by Magistrate Judge John V. Acosta. (sm)
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| Filing 3 Answer to Complaint following a Notice of Removal (Related Doc. #1 ) . Filed by Kaiser Foundation Health Plan of the Northwest. (Kitchel, Chris) |
| Filing 2 Corporate Disclosure Statement . Filed by Kaiser Foundation Health Plan of the Northwest. (Kitchel, Chris) |
| Filing 1 Notice of Removal of Case Number 1210-13150 from Multnonah County Circuit Court. Filing Fee in amount of $350 collected. Agency Tracking ID: 0979-3105656 issued.. Filed by Kaiser Foundation Health Plan of the Northwest (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet). (Kitchel, Chris) |
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| Plaintiff: Rodney Hollowell | |
| Represented By: | Gerald Noble |
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| Defendant: Kaiser Foundation Health Plan of the Northwest doing business as Kaiser Permanente | |
| Represented By: | Laura E. Rosenbaum |
| Represented By: | Chris Kitchel |
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