Hankishiyev v. ARUP Laboratories
| Rafael G. Hankishiyev |
| ARUP Laboratories |
| 2:2019cv00667 |
| September 19, 2019 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Dustin B Pead |
| Cecilia M Romero |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 26, 2020. A more recent docket listing may be available from PACER.
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| Filing 28 MOTION for Sanctions and Memorandum in Support filed by Plaintiff Rafael G. Hankishiyev. Motions referred to Dustin B. Pead.(jds) |
| Filing 27 MEMORANDUM in Opposition re #16 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Sanctions for Vexatious Litigation filed by Plaintiff Rafael G. Hankishiyev. (jds) |
Filing 26
ORDER MODIFYING REFERRAL of Magistrate Judge Dustin Pead to 28:636 (b)(1)(B) from (b)(1)(A), Magistrate to handle case up to and including R&R on all dispositive matters. Signed by Judge Howard C. Nielson, Jr. on 11/4/2019. (mlp)
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Filing 25
Entry Error - See entry 26 for correct order. ORDER MODIFYING REFERRAL of Magistrate Judge Dustin Pead to 28:636 (b)(1)(A) from (b)(1)(B), Magistrate to hear and determine all nondispositive pretrial matters. Signed by Judge Howard C. Nielson, Jr. on 11/4/2019. (mlp) Modified on 11/5/2019 by adding error text (las).
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Filing 24
DOCKET TEXT ORDER. #19 Motion for Reassignment of District Judge is denied. Referral of matters to magistrates is authorized by statute. See 28 U.S.C. 636(b)(1). The Supreme Court has held that referral of matters to magistrates is constitutional. See United States v. Raddatz, 447 U.S. 667, 681-82 (1980). In addition, Plaintiff's assertions regarding Magistrate Judge Pead are conclusory and implausible. These assertions warrant neither further discussion nor reassignment of either Judge assigned to this case. Signed by Judge Howard C. Nielson, Jr., on November 1, 2019. (mtw)
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| Filing 23 Redacted EXHIBITS re #1 Complaint. (las) |
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Filing 22
ORDER granting #17 Motion to Seal. Signed by Magistrate Judge Dustin B. Pead on 11/1/2019. (las)
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| Filing 21 NOTICE of Appearance by Taylor Paige Webb on behalf of ARUP Laboratories (Webb, Taylor) |
| Filing 20 NOTICE of Appearance by Taylor Paige Webb on behalf of ARUP Laboratories (Webb, Taylor) |
| Filing 19 MOTION for Reassignment of District Judge filed by Plaintiff Rafael G. Hankishiyev. (jwt) |
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Filing 18
DOCKET TEXT ORDER. On October 29, 2019 Defendant filed a Motion to Dismiss Plaintiff's complaint based on res judicata, failure to exhaust administrative remedies and statute of limitations grounds #16 . Defendant's motion is dispositive and it is therefore in the best interest of the parties, and the court, to delay the entry of a scheduling order. Accordingly, Plaintiff's Motion for an Initial Scheduling Conference is DENIED without prejudice #10 . If appropriate, Plaintiff may refile his motion after the court resolves Defendant's outstanding motion for dismissal. Signed by Magistrate Judge Dustin B. Pead on 10/30/2019. No attached document. (amn)
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| Filing 17 Redacted MOTION to Seal Exhibits Attached to Plaintiff's Complaint filed by Defendant ARUP Laboratories. (Attachments: #1 Exhibit Redacted Exhibits, #2 Text of Proposed Order) Motions referred to Dustin B. Pead.(Rice, Robert) |
| Filing 16 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Sanctions for Vexatious Litigation filed by Defendant ARUP Laboratories. (Attachments: #1 Exhibit Unperfected Charge)(Rice, Robert) |
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Filing 15
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. Motions referred to Dustin B. Pead. Signed by Judge Howard C. Nielson, Jr. on 10/29/2019. (las)
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| Filing 14 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 Howard C. Nielson, Jr. Magistrate Judge Cecilia M. Romero no longer assigned to the case. (nl) |
| Filing 12 NOTICE REMINDER - All parties are requested to respond within the time frame set forth in the #6 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 (nl) |
| Filing 13 RECEIVED Consent/Reassignment Form from Plaintiff Rafael G. Hankishiyev. (nl) |
| Filing 11 RESPONSE to Motion re #10 MOTION for Initial Scheduling Conference filed by Defendant ARUP Laboratories. (Rice, Robert) |
| Filing 10 MOTION for Initial Scheduling Conference filed by Plaintiff Rafael G. Hankishiyev. (nl) |
| Filing 9 RECEIVED Consent/Reassignment Form from Defendant ARUP Laboratories. (nl) |
| Filing 7 CLERKS ORDER of Granting Motion for Extension of Time to File Response to Complaint re #1 Complaint signed by Anne W. Morgan, Chief Deputy Clerk, Answer deadline updated for ARUP Laboratories answer due 10/30/2019. Motions terminated: #4 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #1 Complaint Pursuant to DUCivR 77-2(a)(2) filed by ARUP Laboratories. (nl) |
| Filing 6 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 Defendant ARUP Laboratories, Plaintiff Rafael G. Hankishiyev. Form due by 10/16/2019. (nl) |
| Filing 5 Objection to Motion re #4 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #1 Complaint Pursuant to DUCivR 77-2(a)(2) filed by Plaintiff Rafael G. Hankishiyev. (nl) |
| Filing 8 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Rafael G. Hankishiyev as to ARUP Laboratories served on 9/25/2019, answer due 10/16/2019. (nl) |
| Filing 4 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #1 Complaint Pursuant to DUCivR 77-2(a)(2) filed by Defendant ARUP Laboratories. (Attachments: #1 Text of Proposed Order) Attorney Robert O. Rice added to party ARUP Laboratories(pty:dft)(Rice, Robert) |
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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 Cecilia M. Romero on 9/23/2019. (nl)
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| Filing 2 **RESTRICTED DOCUMENT**Summons Issued as to ARUP Laboratories. (nl) |
| Filing 1 COMPLAINT against ARUP Laboratories (Filing fee $ 400, receipt number 4681087887) (Fee Status: paid) filed by Rafael G. Hankishiyev. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet 1) Assigned to Magistrate Judge Cecilia M. Romero (nl) Modified on 11/1/2019 by sealing the exhibits per #22 Order. (las). |
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| Plaintiff: Rafael G. Hankishiyev | |
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| Defendant: ARUP Laboratories | |
| Represented By: | Robert O. Rice |
| Represented By: | Taylor Paige Webb |
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