Roberts v. Tim Dahle Imports

Roberts v. Tim Dahle Imports

Plaintiff:	Melissa Roberts
Defendant:	Tim Dahle Imports and Tim Dahle Imports a Utah corporation doing business as Tim Dahle Nissan
Case Number:	2:2018cv00288
Filed:	April 6, 2018
Court:	US District Court for the District of Utah
Office:	Central Office
County:	Salt Lake
Presiding Judge:	Evelyn J Furse
Referring Judge:	Jill N Parrish
2 Judge:	Dustin B Pead
Nature of Suit:	Civil Rights: Americans with Disabilities - Employment
Cause of Action:	42 U.S.C. § 12101
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on August 22, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
June 15, 2020	Filing 72 REQUEST to Submit for Decision re #62 Defendant's MOTION for Summary Judgment filed by Defendant Tim Dahle Imports. (Rice, Robert)
June 12, 2020	Filing 71 REPLY to Response to Motion re #62 Defendant's MOTION for Summary Judgment filed by Defendant Tim Dahle Imports. (Attachments: #1 Appendix to Reply Memorandum in Support of Motion for Summary Judgment)(Rice, Robert)
May 28, 2020	Filing 70 DOCKET TEXT ORDER granting #69 Motion for Extension of Time to File Reply re #62 Defendant's MOTION for Summary Judgment. Reply due by 6/12/2020. Signed by Judge Jill N. Parrish on 5/28/2020. No attached document. (ksb)
May 28, 2020	Filing 69 Stipulated MOTION for Extension of Time to File Response/Reply as to #62 Defendant's MOTION for Summary Judgment filed by Defendant Tim Dahle Imports. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Rice, Robert)
May 18, 2020	Filing 68 Plaintiff's MEMORANDUM in Opposition re #62 Defendant's MOTION for Summary Judgment filed by Plaintiff Melissa Roberts. (Attachments: #1 Appendix Appendix to Pls. Opposition to MSJ)(Stavros, Andrew)
May 15, 2020	Filing 67 DOCKET TEXT ORDER granting #66 Motion for Extension of Time to File Response re #62 Defendant's MOTION for Summary Judgment. Response due by 5/18/2020. Signed by Judge Jill N. Parrish on 5/15/2020. No attached document. (ksb)
May 15, 2020	Filing 66 Stipulated MOTION for Extension of Time to File Response/Reply as to #62 Defendant's MOTION for Summary Judgment filed by Plaintiff Melissa Roberts. (Attachments: #1 Text of Proposed Order Proposed Order Extending Time to File Opposition to 5.18.20) Motions referred to Dustin B. Pead.(Stavros, Andrew)
April 30, 2020	Filing 65 ORDER granting #64 Motion for Extension of Time to File Response re #62 Defendant's MOTION for Summary Judgment. Response due by 5/15/2020. Signed by Judge Jill N. Parrish on 4/30/2020. (ksb)
April 30, 2020	Filing 64 Stipulated MOTION for Extension of Time to File Response/Reply as to #62 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Melissa Roberts. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Egan, Austin)
April 3, 2020	Filing 63 NOTICE VACATING STATUS CONFERENCE set for 5/21/20 at 2:00pm before Judge Jill N. Parrish (Notice generated by JNP chambers)Dispositive motion filed. (ss)
April 3, 2020	Filing 62 Defendant's MOTION for Summary Judgment filed by Defendant Tim Dahle Imports. (Attachments: #1 Appendix)(Rice, Robert)
April 2, 2020	Filing 61 AMENDED NOTICE OF HEARING: Status Conference set for 5/21/2020 at 02:00 PM in Rm 8.200 before Judge Jill N. Parrish. Hearing has been continued pursuant to the General Order entered by Chief Judge Shelby. Counsel will be notified as to how the hearing will proceed ie: in person or by telephone conference. (ss)
March 31, 2020	Filing 60 ORDER granting #51 Motion to Exclude any expert opinions that witness Ed Cameron may provide at trial; denying as moot #56 Roberts's motion to file a surreply to address the modified relief requested in the reply brief. Signed by Judge Jill N. Parrish on 3/31/2020. (jds)
March 30, 2020	Filing 59 Plaintiff's REPLY to Response to Motion re #56 Plaintiff's MOTION for Leave to File Sur Reply to Defendant's Reply Memorandum in Support of Motion for to Exclude Non-Retained Expert and Memorandum in Support filed by Plaintiff Melissa Roberts. (Stavros, Andrew)
March 24, 2020	Filing 58 Defendant's MEMORANDUM in Opposition re #56 Plaintiff's MOTION for Leave to File Sur Reply to Defendant's Reply Memorandum in Support of Motion for to Exclude Non-Retained Expert and Memorandum in Support filed by Defendant Tim Dahle Imports. (Rice, Robert)
March 20, 2020	Filing 57 Motions No Longer Referred: #56 Plaintiff's MOTION for Leave to File Sur Reply to Defendant's Reply Memorandum in Support of Motion for to Exclude Non-Retained Expert and Memorandum in Support (mjw)
March 19, 2020	Filing 56 Plaintiff's MOTION for Leave to File Sur Reply to Defendant's Reply Memorandum in Support of Motion for to Exclude Non-Retained Expert and Memorandum in Support filed by Plaintiff Melissa Roberts. (Attachments: #1 Exhibit Plaintiff's Initial Disclosures) Motions referred to Dustin B. Pead.(Stavros, Andrew)
March 17, 2020	Filing 55 REQUEST to Submit for Decision re #51 MOTION to Exclude Non-Retained Expert Witness and Memorandum in Support - Oral Argument Requested - filed by Defendant Tim Dahle Imports. (Clark, Jascha)
March 17, 2020	Filing 54 Defendant's REPLY to Response to Motion re #51 MOTION to Exclude Non-Retained Expert Witness and Memorandum in Support filed by Defendant Tim Dahle Imports. (Clark, Jascha)
March 5, 2020	Filing 53 MEMORANDUM in Opposition re #51 MOTION to Exclude Non-Retained Expert Witness and Memorandum in Support filed by Plaintiff Melissa Roberts. (Stavros, Andrew)
February 22, 2020	Filing 52 Motions No Longer Referred: #51 MOTION to Exclude Non-Retained Expert Witness and Memorandum in Support. (ksb)
February 21, 2020	Filing 51 MOTION to Exclude Non-Retained Expert Witness and Memorandum in Support filed by Defendant Tim Dahle Imports. (Attachments: #1 Exhibit 1 - Third Supp Disclosures, #2 Exhibit 2 - Meet & Confer Letter, #3 Exhibit 3 - Email) Motions referred to Dustin B. Pead.(Rice, Robert)
January 10, 2020	Filing 50 DESIGNATION OF EXPERTS Ted P. Tatos and Nancy B. Cohn, Ph.D filed by Defendant Tim Dahle Imports.(Rice, Robert)
October 10, 2019	Filing 49 NOTICE VACATING PRETRIAL CONFERENCE HEARING set for 10/16/19 at 1:30pm before Judge Jill N. Parrish (Notice generated by ss)Status Conference has been set for 4/10/20 at 2:00pm. (ss)
August 19, 2019	Filing 48 ORDER granting #47 Motion for Amended Scheduling Order: Discovery due by 3/6/2020. Motions due by 4/3/2020. Scheduling Conference if no dispositive motions filed reset for 4/10/2020 at 02:00 PM in Rm 8.200 before Judge Jill N. Parrish. Signed by Magistrate Judge Dustin B. Pead on 8/19/2019. (jds)
August 16, 2019	Filing 47 Joint MOTION to Amend/Correct #45 Order on Motion for Amended Scheduling Order, filed by Defendant Tim Dahle Imports. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Clark, Jascha) Modified event type on 8/19/2019 (jds).
June 18, 2019	Filing 46 NOTICE of Appearance by Adam G. Clark on behalf of Melissa Roberts (Clark, Adam)
May 24, 2019	Filing 45 ORDER granting #44 Third Motion for Amended Scheduling Order: Discovery due by 1/24/2020. Motions due by 2/24/2020. Scheduling Conference if no dispositive motions are filed is reset for 3/2/2020 at 02:00 PM in Rm 8.200 before Judge Jill N. Parrish. Signed by Magistrate Judge Dustin B. Pead on 5/24/2019. (jds)
May 22, 2019	Filing 44 Joint MOTION for Amended Scheduling Order (Second Amended Scheduling Order) filed by Defendant Tim Dahle Imports. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Rice, Robert)
April 30, 2019	Filing 43 NOTICE of Appearance by Jascha Kennedy Clark on behalf of Tim Dahle Imports (Clark, Jascha)
February 5, 2019	Filing 42 ORDER granting #41 Second Motion for Amended Scheduling Order: Discovery due by 11/8/2019. Motions due by 12/9/2019. Scheduling Conference if no dispositive motions are filed is set for 12/16/2019 at 02:00 PM in Rm 8.200 before Judge Jill N. Parrish. Signed by Magistrate Judge Dustin B. Pead on 2/5/2019. (jds)
February 4, 2019	Filing 41 Joint MOTION for Amended Scheduling Order filed by Defendant Tim Dahle Imports. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Rice, Robert)
November 20, 2018	Filing 40 ORDER denying without prejudice #34 Defendants Ex Parte Motion for Leave to File under Seal its Memorandum in Opposition to Plaintiffs Motion for Protective Order Re: Proposed Subpoena to Utah Credit Approval. Signed by Magistrate Judge Dustin B. Pead on 11/20/2018. (jds)
November 20, 2018	Filing 39 ORDER denying #27 Motion for Protective Order. Defendant may serve the October 5, 2018 subpoena, as reflected as Exhibit 5 attached to #33 . Signed by Magistrate Judge Dustin B. Pead on 11/20/2018. (jds)
November 14, 2018	Filing 38 DOCKET TEXT ORDER re #34 Defendant's Ex Parte (Not Sealed) MOTION for Leave to File Sealed Document re #33 Memorandum in Opposition to Motion. Plaintiff shall have until the close of business on November 19, 2018, to comply with DUCivR 5-3 should she seek to have the documents remain under seal. Signed by Magistrate Judge Dustin B. Pead on 11/14/2018. No attached document. (tmb)
November 14, 2018	Filing 37 Modification of Docket: Error: Document linked to improper motion at time of filing. Correction: Changed links to include proper motion re #36 Reply Memorandum/Reply to Response to Motion. (tls)
October 26, 2018	Filing 36 Plaintiff's REPLY to Response to Motion re #27 Plaintiff's Motion for Protective Order re: Proposed Subpoena to Utah Credit Approval re #33 Memorandum in Opposition to Motion, filed by Plaintiff Melissa Roberts. (Stavros, Andrew) Modified by correcting document links on 11/14/2018 (tls).
October 23, 2018	Filing 35 UNREDACTED MEMORANDUM (redacted copy #33 ) in Opposition re #27 Plaintiff's MOTION for Protective Order (Unsealed per #40 Order.) SEALED DOCUMENT re #33 Memorandum in Opposition to Motion,, filed by Defendant Tim Dahle ImportsNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit Business Name Registration, #2 Exhibit Melissa Roberts Facebook Wall, #3 Exhibit Utah Credit Approval Articles, #4 Exhibit Excerpt from Subpoena, #5 Exhibit Excerpt from Subpoena, #6 Exhibit Comparison Chart, #7 Exhibit Notes, #8 Exhibit D. Dibble Email, #9 Exhibit A. Stavros Email)(Rice, Robert) Modified on 11/20/2018 (jds).
October 23, 2018	Filing 34 Ex Parte (Not Sealed) MOTION for Leave to File Sealed Document re #33 Memorandum in Opposition to Motion,, filed by Defendant Tim Dahle Imports. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Rice, Robert)
October 23, 2018	Filing 33 Redacted MEMORANDUM in Opposition re #27 Plaintiff's MOTION for Protective Order and Memorandum in Support filed by Defendant Tim Dahle Imports. (Attachments: #1 Exhibit Business Name Registration, #2 Exhibit Melissa Roberts Facebook Wall, #3 Exhibit Utah Credit Approval Articles, #4 Exhibit Excerpt from Subpoena, #5 Exhibit Excerpt from Subpoena, #6 Exhibit Comparison Chart, #7 Exhibit Redacted, #8 Exhibit D. Dibble Email, #9 Exhibit A. Stavros Email)(Rice, Robert)
October 23, 2018	Filing 32 ANSWER to #30 Amended Complaint filed by Tim Dahle Imports.(Rice, Robert)
October 11, 2018	Filing 31 Modification of Docket: re #27 Plaintiff's MOTION for Protective Order and Memorandum in Support . Exhibit A to the motion contains personal contact information. The exhibit has been restricted to case participants. (jwt)
October 10, 2018	Filing 30 AMENDED COMPLAINT against Tim Dahle Imports with Jury Demand. filed by Melissa Roberts. (Stavros, Andrew)
October 10, 2018	Filing 29 ORDER granting #28 Stipulated Motion for Leave for Plaintiff to File First Amended Complaint. Signed by Magistrate Judge Dustin B. Pead on 10/10/2018. (jds)
October 10, 2018	Filing 28 Stipulated MOTION for Leave to File First Amended Complaint and Memorandum in Support filed by Plaintiff Melissa Roberts. (Attachments: #1 Exhibit A- Proposed First Amended Complaint, #2 Text of Proposed Order Proposed Order Granting Leave to File Amended Complaint) Motions referred to Dustin B. Pead.(Stavros, Andrew)
October 9, 2018	Filing 27 Plaintiff's MOTION for Protective Order and Memorandum in Support filed by Plaintiff Melissa Roberts. (Attachments: #1 Exhibit A- Proposed Subpoena to Utah Credit Approval, #2 Exhibit B- Proposed First Amended Complaint, #3 Exhibit C- Meet and Confer Correspondence) Motions referred to Dustin B. Pead.(Stavros, Andrew) Modified on 10/11/2018 - Exhibit A restricted due to personal contact information (jwt).
August 28, 2018	Filing 26 AMENDED SCHEDULING ORDER: Amended Pleadings due by 10/14/2018 (Plaintiff), 11/14/2018 (Defendant). Joinder of Parties due by 10/14/2018 (Plaintiff), 11/14/2018 (Defendant). Expert Discovery due by 9/9/2019. Dispositive Motions due by 10/8/2019. If the parties do not intend to file dispositive or potentially dispositive motions, a scheduling conference will be held for purposes of setting a trial date on 10/15/2019 at 02:00 PM in Rm 8.200 before Judge Jill N. Parrish. Signed by Magistrate Judge Dustin B. Pead on 8/28/18. (dla)
August 24, 2018	Filing 25 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order)(Rice, Robert)
August 8, 2018	Filing 24 WITHDRAWAL OF MOTION by Defendant Tim Dahle Imports re #5 MOTION to Dismiss and Memorandum in Support filed by Tim Dahle Imports . (Dibble, David)
August 3, 2018	Filing 23 SCHEDULING ORDER: Amended Pleadings due by 11/14/2018. Joinder of Parties due by 11/14/2018. Parties are directed to file an amended Attorney Planning Meeting Report within fourteen (14) days of ruling on pending motion to dismiss. Signed by Magistrate Judge Evelyn J. Furse on 8/3/2018. (jds)
July 25, 2018	Filing 22 Plaintiff's MEMORANDUM in Opposition re #5 MOTION to Dismiss and Memorandum in Support filed by Plaintiff Melissa Roberts. (Attachments: #1 Exhibit Ex. 1 (Email to Adjudicative Division re Withdrawal of Proceeding and Request for NRTS, #2 Exhibit Ex. 2 (Email correspondence with Labor Commission))(Stavros, Andrew)
July 19, 2018	Filing 21 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order filed by Defendant Tim Dahle Imports (Dibble, David)
July 13, 2018	Filing 20 ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Jill N. Parrish on 7/13/18. (ss)
July 13, 2018	Filing 19 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order filed by Plaintiff Melissa Roberts (Egan, Austin)
July 13, 2018	Filing 18 CIVIL STANDING ORDER. Signed by Judge Jill N. Parrish on 7/13/18. (ss)
July 13, 2018	Filing 17 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order)(Rice, Robert)
July 9, 2018	Filing 16 DOCKET TEXT ORDER granting #15 Motion for Extension of Time to File Response/Reply re #5 MOTION to Dismiss and Memorandum in Support. Respons due by 7/25/2018. Signed by Judge Jill N. Parrish on 7/9/18. No attached document. (ksb)
July 9, 2018	Filing 15 Stipulated MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss and Memorandum in Support and Memorandum in Support filed by Plaintiff Melissa Roberts. (Attachments: #1 Text of Proposed Order Proposed Order)(Egan, Austin)
July 9, 2018	Filing 14 NOTICE of Appearance by Austin B. Egan on behalf of Melissa Roberts (Egan, Austin)
July 2, 2018	Filing 13 All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Jill N. Parrish. Magistrate Judge Evelyn J. Furse no longer assigned to the case. (las)
July 2, 2018	Filing 12 RECEIVED Consent/Reassignment Form from Plaintiff Melissa Roberts. (las)
July 2, 2018	Filing 11 NOTICE REMINDER - All parties are requested to respond within the time frame set forth in the #9 Notice of Presiding Magistrate Assignment,, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice.# Link to Magistrate Consent Objection form (las)
June 28, 2018	Filing 10 RECEIVED Consent/Reassignment Form from Defendant Tim Dahle Imports. (las)
June 14, 2018	Filing 9 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiff Melissa Roberts, Defendant Tim Dahle Imports. Form due by 6/29/2018. (las)
June 14, 2018	Filing 8 NOTICE OF ADR, e-mailed or mailed to Plaintiff Melissa Roberts, Defendant Tim Dahle Imports. (las)
June 13, 2018	Filing 7 ANSWER to Complaint filed by Tim Dahle Imports.(Dibble, David)
June 13, 2018	Filing 6 NOTICE of Appearance by Robert O. Rice on behalf of Tim Dahle Imports (Rice, Robert)
June 13, 2018	Filing 5 MOTION to Dismiss and Memorandum in Support filed by Defendant Tim Dahle Imports. (Attachments: #1 Exhibit 1 - Rice letter, #2 Exhibit 2 - Scheduling Order, #3 Exhibit 3 - Motion Dismiss, #4 Exhibit 4 - Non-opposition, #5 Exhibit 5 - Order, #6 Exhibit 6 - Seder Decl, #7 Exhibit 7 - Request, #8 Exhibit 8 - Shirey eltter) Attorney David B. Dibble added to party Tim Dahle Imports(pty:dft)(Dibble, David)
April 25, 2018	Filing 4 WAIVER OF SERVICE Returned Executed filed by Melissa Roberts as to Tim Dahle Imports Waiver sent on 4/16/2018, answer due 6/15/2018. (Stavros, Andrew)
April 9, 2018	Filing 3 ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Evelyn J. Furse on 4/9/2018. (las)
April 6, 2018	Filing 2 COMPLAINT against Tim Dahle Imports (Filing fee $ 400, receipt number 1088-2976304) filed by Melissa Roberts. Assigned to Magistrate Judge Evelyn J. Furse (Stavros, Andrew)
April 6, 2018	Filing 1 Case has been indexed and assigned to Magistrate Judge Evelyn J. Furse. Plaintiff Melissa Roberts is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (tlh)

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Plaintiff: Melissa Roberts
Represented By:	Austin B. Egan
Represented By:	Andrew W. Stavros
Represented By:	Adam G. Clark
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Defendant: Tim Dahle Imports
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Defendant: Tim Dahle Imports a Utah corporation doing business as Tim Dahle Nissan
Represented By:	Robert O. Rice
Represented By:	Jascha Kennedy Clark
Represented By:	David B. Dibble
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