Castellanos v. Kaiser Foundation Health Plan of the Northwest et al
| Emily Castellanos |
| Kaiser Foundation Health Plan of the Northwest |
| Service Employees International Union Local 49 |
| 6:2022cv00149 |
| January 27, 2022 |
| US District Court for the District of Oregon |
| Michael J McShane |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts) |
| Both |
Docket Report
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Filing 45
Scheduling Order regarding Motion for Summary Judgment #26 : Oral Argument is reset from 11/7/2023 to 11/16/2023 at 09:00AM in Eugene by videoconference before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (ck)
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Filing 44
Scheduling Order regarding Motion for Summary Judgment #26 : Oral Argument is reset from 11/7/2023 at 10:00AM to 11/7/2023 at 08:30AM in Eugene by videoconference before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (ck)
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Filing 43
Scheduling Order regarding Motion for Summary Judgment #26 : Oral Argument is reset from 10/31/2023 to 11/7/2023 at 10:00AM in Eugene by videoconference before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (ck)
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Filing 42
Scheduling Order: The Oral Argument regarding Motion for Summary Judgment #26 set for 10/31/2023 at 10:00AM in Eugene will by videoconference before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp)
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Filing 41
Scheduling Order: Based upon the request of the parties, the Oral Argument regarding Motion for Summary Judgment #26 set for 10/17/2023 is reset for 10/31/2023 at 10:00AM in Eugene Courtroom 2 before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp)
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Filing 40
Scheduling Order: Based upon the schedule of the Court and the request of the parties, the Oral Argument regarding Motion for Summary Judgment #26 set for 10/10/2023 is reset for 10/17/2023 at 10:00AM in Eugene Courtroom 2 before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp)
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Filing 39
Scheduling Order: Oral Argument regarding Motion for Summary Judgment #26 is set for 10/10/2023 at 10:00AM in Eugene Courtroom 2 before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp)
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Filing 38
Supplemental Declaration of Sophie Shaddy-Farnsworth in Support of Summary Judgment. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Reply to Motion #37 .) (Shaddy-Farnsworth, Madeleine)
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Filing 37
Reply to Motion for Summary Judgment #26 . Filed by Kaiser Foundation Health Plan of the Northwest. (Shaddy-Farnsworth, Madeleine)
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Filing 36
ORDER: Granting Defendants' Motion for Extension of Time to File Reply #35 . Reply is due by 8/18/2023. Ordered by Judge Michael J. McShane. (cp)
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Filing 35
Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #26 . Filed by Kaiser Foundation Health Plan of the Northwest. (Shaddy-Farnsworth, Madeleine)
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Filing 34
Response to Motion for Summary Judgment #26 . Filed by Emily Castellanos. (Attachments: #1 Declaration) (Lafky, Kevin)
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Filing 33
Response to Motion for Summary Judgment #26 . Filed by Emily Castellanos. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Lafky, Kevin)
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Filing 32
ORDER: Motion for Extension of Time to File Response/Reply #31 is denied as moot. The current case deadlines remain in place. See ECF 25 . Ordered by Judge Michael J. McShane. (cp)
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Filing 31
Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #26 . Filed by Emily Castellanos. (Brattain, Dori)
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Filing 30
Declaration of Aimee Orr-Besa in Support of Motion for Summary Judgment. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Summary Judgment #26 .) (Attachments: #1 Exhibit A - H, #2 Exhibit I, #3 Exhibit J - M) (Shaddy-Farnsworth, Madeleine)
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Filing 29
Declaration of Sophie Shaddy-Farnsworth in Support of Motion for Summary Judgment. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Summary Judgment #26 .) (Shaddy-Farnsworth, Madeleine)
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Filing 28
Declaration of David Culver in Support of Motion for Summary Judgment. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Summary Judgment #26 .) (Shaddy-Farnsworth, Madeleine)
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Filing 27
Declaration of Donna Warner in Support of Motion for Summary Judgment. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion for Summary Judgment #26 .) (Shaddy-Farnsworth, Madeleine)
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Filing 26
Motion for Summary Judgment . Oral Argument requested. Filed by Kaiser Foundation Health Plan of the Northwest. (Shaddy-Farnsworth, Madeleine)
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Filing 25
ORDER: Granting Motion for Extension of Time #24 . Dispositive Motions are due by 6/9/2023. Responses to Dispositive Motions are due by 7/7/2023. Replies to Dispositive Motions are due by 8/11/2023. Ordered by Judge Michael J. McShane. (cp)
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Filing 24
Unopposed Motion for Extension of Time to File Dispositive Motions. Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura)
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Filing 23
ORDER: Granting Joint Motion for Extension of Discovery & PTO Deadlines #22 . Discovery is to be completed by 4/28/2023. Dispositive Motions are due by 5/12/2023. Responses to Dispositive Motions are due by 6/9/2023. Replies to Dispositive Motions are due by 7/14/2023. Ordered by Judge Michael J. McShane. (cp)
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Filing 22
Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura)
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Filing 21
Order on Telephone Status Conference: Discovery is to be completed by 4/15/2023. Dispositive Motions are due by 4/28/2023. Responses to Dispositive Motions are due by 5/26/2023. Replies to Dispositive Motions are due by 6/30/2023. Signed on 2/15/2023 by Judge Michael J. McShane. (cp)
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Filing 20
Proposed Form of Order Submitted Telephone Status Conference. Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura)
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Filing 19
MINUTES of Proceedings: Discovery Hearing by telephone. Counsel for Plaintiff did not appear. Defendant to submit a proposed order. Laura Rosenbaum present as counsel for defendants. Court Reporter: Kendra Steppler. Judge Michael J. McShane presiding. (jk)
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Filing 18
ORDER: Defendant's Motion to Dismiss for Failure to Prosecute #13 is denied. Despite instances of neglect, Plaintiff has shown some effort to communicate with Defendant and comply with her discovery obligations. See Anderson v. Air West, Inc., 542 F.2d 522 (9th Cir. 1976). A telephone status conference is set for 2/8/2023 at 09:00AM in Eugene by telephone before Judge Michael J. McShane. The parties are ordered to confer in advance of the hearing to determine what discovery remains outstanding. If Plaintiff fails to provide Defendant with her remaining discovery by the date of the hearing, the Court will consider sanctions. The Court will extend limited discovery deadlines at the hearing. Ordered by Judge Michael J. McShane. (cp)
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Filing 17
Reply to Motion to Dismiss for Lack of Prosecution in the Alternative Motion for Extension of Discovery & PTO Deadlines #13 . Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura)
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Filing 16
Declaration of Dori M. Brattain . Filed by All Plaintiffs. (Related document(s): Response to Motion #15 .) (Lafky, Kevin)
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Filing 15
Response to Motion to Dismiss for Lack of Prosecution in the Alternative Motion for Extension of Discovery & PTO Deadlines #13 . Filed by All Plaintiffs. (Lafky, Kevin)
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Filing 14
Declaration of Laura E Rosenbaum in Support of Motion to Dismiss or Extend Discovery Deadlines. Filed by Kaiser Foundation Health Plan of the Northwest. (Related document(s): Motion to Dismiss/Lack of Prosecution, Motion for Extension of Discovery & PTO Deadlines #13 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Rosenbaum, Laura)
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Filing 13
Motion to Dismiss for Lack of Prosecution in the Alternative, Motion for Extension of Discovery & PTO Deadlines . Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura)
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Filing 12
Notice of Dismissal of Party . Filed by Service Employees International Union Local 49. (Stark, Whitney)
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Filing 11
Notice of Attorney Substitution: Madeleine Sophie Shaddy-Farnsworth is substituted as counsel of record in place of Attorney Noah H. Morss . Filed by Kaiser Foundation Health Plan of the Northwest. (Shaddy-Farnsworth, Madeleine)
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Filing 10
Notice of Attorney Withdrawal: Dori Brattain Substituting Amanda Reilly Filed by All Plaintiffs. (Reilly, Amanda)
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Filing 9
Notice of Dismissal of Party . Filed by Emily Castellanos. (Reilly, Amanda)
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Filing 8
MINUTES of Proceedings: Rule 16 Conference held. Discovery is to be completed by 10/14/2022. Replies to Dispositive Motions are due by 1/18/2023. Responses to Dispositive Motions are due by 12/23/2022. Dispositive Motions are due by 12/2/2022. Expert discovery to be scheduled after Dispositive Motions have been ruled on. Amanda Reilly present as counsel for plaintiff. Laura E. Rosenbaum and Whitney B. Stark present as counsel for defendants. Court Reporter: None present. Judge Michael J. McShane presiding. (cp)
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Filing 7
Scheduling Order by Judge Michael J. McShane. Rule 16 Conference is set for 2/28/2022 at 10:15AM in Eugene by telephone before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp)
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Filing 6
Defendant SEIU Local 49's Answer to Complaint following a Notice of Removal (Related Doc. #1 ) with Jury Demand , Counterclaim Emily Castellanos. Filed by Service Employees International Union Local 49. (Stark, Whitney)
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Filing 5
Notice of Case Assignment to Judge Michael J. McShane and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 5/31/2022. Joint Alternate Dispute Resolution Report is due by 6/27/2022. Pretrial Order is due by 6/27/2022. Ordered by Judge Michael J. McShane. (jw)
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Filing 4
Answer to Complaint following a Notice of Removal (Related Doc. #1 ) with Jury Demand . Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura)
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Filing 3
Corporate Disclosure Statement . Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura)
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Filing 2
Civil Cover Sheet regarding Notice of Removal, #1 . Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura)
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Filing 1
Notice of Removal of Case Number 21CV40666 from Circuit Court of the State of Oregon in the County of Marion. Filing Fee in amount of $402 collected. Agency Tracking ID: AORDC-8389161 issued. Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by Kaiser Foundation Health Plan of the Northwest. (Rosenbaum, Laura)
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