Plaintiff alleged that defendant The Corporation of the President of the Church of Jesus Christ of Latter-Day Saints a/k/a the "Mormon Church" and LDS Social Services a/k/a LDS Family Services breached its duty to warn and protect foreseeable victims that Jack Allen Loholt a/k/a Jack Allen Onofrey, a Melchizedek Priest and Elder of the Mormon Church, was a pedophile who was actively abusing children. Plaintiff also alleged that defendants failed to report their knowledge of Jack Allen Loholt's sexual abuse of children to civil authorities in violation of state laws.
R.K. |
Corporation of the President of the Church of Jesus Christ of Latter-Day Saints |
2:2004cv02338 |
November 18, 2004 |
US District Court for the Western District of Washington |
Seattle Office |
King |
Ricardo S Martinez |
P.I.: Other |
28 U.S.C. ยง 1441 Petition for Removal- Personal Injury |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
253
TRANSCRIPT of proceedings filed for the following date(s): 10/12/06-Verdict before Judge Ricardo S. Martinez, (re 246 Notice of Appeal) Court Reporter: Barry Fanning. (LMK, )
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Filing
251
TRANSCRIPT REQUEST by Plaintiff R.K. for proceedings held on 10/02/2006, 10/10/2006, 10/12/2006 Requesting Attorney: Michael T. Pfau. (Menely, Michelle)
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Filing
250
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Joan Catherine Foley for Plaintiff R.K.. (Pfau, Michael)
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Filing
249
TIME SCHEDULE ORDER (06-36042) as to 246 Notice of Appeal filed by R.K., : Appellant shall notify Appellee regarding transcripts by 12/14/06; Appellee to notify Appellant regarding any additional transcripts by 12/26/06; Transcript designation due by 01/03/07; Transcript by court reporter due by 02/05/07; Appellants opening brief due by 03/22/07; Appellees response brief due by 04/23/07; Appellants optional reply brief due within 14 days of service of the response brief. (LMK, )
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Filing
245
ORDER denying Plaintiff's 227 Motion for a New Trial by Judge Ricardo S Martinez.(LT, )
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Filing
244
ORDER denying 228 Motion to Certify. Signed by Judge Ricardo S Martinez.(SES)
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Filing
243
PROPOSED ORDER (Unsigned) re 227 MOTION for New Trial (Menely, Michelle)
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Filing
235
DECLARATION of Michelle A. Menely Re Amendment 234 APPLICATION FOR BILL OF COSTS Amended by Plaintiff R.K. by Plaintiff R.K.. (Menely, Michelle) Modified duplicative text on 11/13/2006 (ECS, ).
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Filing
233
PROPOSED ORDER (Unsigned) Order Granting Plaintiff's Cost Petition. (Menely, Michelle) Modified links on 11/6/2006 (ECS, ).
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Filing
229
DECLARATION of Michael T. Pfau Re Plaintiff's Motion to Certify Question to Supreme Court filed by Plaintiff R.K. re 228 MOTION to Certify Question to WA Supreme Court (Menely, Michelle)
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Filing
221
JUDGMENT by jury verdict in favor of plaintiff in the amount of $87,500.00(RS, )
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Filing
225
JURY QUESTION AND JUDGE'S RESPONSE(RS, )
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Filing
217
Jury Question with Judge's response(RS, )
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Filing
226
Court's Instructions to the Jury by Judge Ricardo S. Martinez. (LT, )
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Filing
212
Proposed Jury Instructions by Plaintiff R.K. (SUPPLEMENTAL) (Menely, Michelle)
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Filing
206
Proposed Special Jury Verdict Form by Defendant Corporation of the President of the Church of Jesus Christ of Latter-Day Saints (Rosenberger, Michael)
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Filing
204
Jury Peremptory Challenges (RS, )
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Filing
201
ORDER OF DISMISSAL of plaintiff's claims against dft LDS Social Services ; case caption revised by Judge Ricardo S Martinez. (RS, )
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Filing
199
TRIAL BRIEF (Corrected) by Plaintiff R.K. (Menely, Michelle)
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Filing
195
TRIAL BRIEF by Plaintiff R.K. (Menely, Michelle)
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Filing
192
AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Scott Pettit served on 9/20/06. (RS, )
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Filing
191
AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Bishop Philip Coleman served on 9/17/06. (RS, )
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Filing
190
AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Rachelle Cope served on 9/17/06. (RS, )
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Filing
188
ORDER of ClarificationSigned by Judge Ricardo S Martinez. (CM )
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Filing
185
ORDER granting in part and denying in part 163 Motion in Limine. Signed by Judge Ricardo S Martinez.(SES)
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Filing
183
CERTIFICATE OF SERVICE by Defendants LDS Social Services, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints re 182 Reply to Response to Motion. (Rosenberger, Michael)
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Filing
175
ORDER denying 140 Motion in Limine and imposing sanctions for failure to follow Local Rules with respect to proper length of briefing. Signed by Judge Ricardo S Martinez.(SES)
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Filing
173
DECLARATION of Michael T. Pfau RE: Plaintiff's Opposition to Defendants' Motions in Limine filed by Plaintiff R.K. re 161 MOTIONS IN LIMINE (Pfau, Michael)
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Filing
171
DECLARATION of Michael Rosenberger filed by Defendants LDS Social Services, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints re 163 MOTIONS IN LIMINE (Rosenberger, Michael)
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Filing
169
Second DECLARATION of Michael Rosenberger filed by Defendants LDS Social Services, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints re 141 MOTIONS IN LIMINE to Exclude Clergy-Penitent Communication (Rosenberger, Michael)
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Filing
165
AFFIDAVIT OF SERVICE OF SUBPOENA upon Warland Wight, Ph.D. served on August 31, 2006, filed by Defendant Corporation of the President of the Church of Jesus Christ of Latter-Day Saints. (LT, )
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Filing
164
DECLARATION of MIchael T. Pfau filed by Plaintiff R.K. re 163 MOTIONS IN LIMINE (Menely, Michelle)
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Filing 154 |
Filing
151
MOTION AND PROPOSED ORDERTo Change Noting Date of Defendant's Motions in Limine by Plaintiff R.K.. Noting Date 9/8/2006. (Pfau, Michael) Modified on 8/28/2006 (CL, ).
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Filing
150
AFFIDAVIT OF SERVICE OF SUBPOENA upon Ruth Adams, University Registrar - Seattle Pacific University served on 8/11/2006, filed by Defendant Corporation of the President of the Church of Jesus Christ of Latter-Day Saints. (LT, )
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Filing
149
AMENDED ANSWER to Plaintiffs' 29 Amended Complaint by LDS Social Services, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints. (Rosenberger, Michael)
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Filing
145
ORDER granting 121 Motion to Amend. Signed by Judge Ricardo S Martinez.(SES )
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Filing
139
DECLARATION of Michelle A. Menely RE: Plaintiff R.K.'s Oppostion to Defendants' Motion to Exclude Evidence filed by Plaintiff R.K. re 131 MOTIONS IN LIMINE TO EXCLUDE EVIDENCE OF: (1) LOHOLT'S OTHER ACTS OF ABUSE; (2) DAMAGES SUFFERED BY OTHER VICTIMS; AND (3) DEFENDANTS' SETTLEMENTS WITH OTHERS (Menely, Michelle)
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Filing
135
AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Keith Waterland served on 7/30/06. (RS, )
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Filing
132
AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Souhir Ben Hamida PhD served on 7/22/06. (RS, )
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Filing
130
ORDER denying 116 Motion to take depositions after discovery cutoff by Judge Ricardo S Martinez.(RS, )
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Filing
128
AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Anger Control Treatment & Therapies served on 7/18/06. (RS, )
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Filing
126
AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Pacific Lutheran University Inc served on 7/18/06. (RS, )
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Filing
122
DECLARATION of Michael Rosenberger filed by Defendants LDS Social Services, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints re 121 MOTION to Amend Answer to Add At-Fault Entity (Rosenberger, Michael)
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Filing
120
Second DECLARATION of Charles C. Gordon filed by Defendants LDS Social Services, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints re 116 MOTION for Leave to Take Depositions After Discovery Cutoff (Gordon, Charles)
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Filing
117
ORDER granting 112 Motion for Discharge of Litigation Guardian ad Litem for John Doe by Judge Ricardo S Martinez.(LT, )
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Filing
115
SUPPLEMENT Report of Litigation Guardian Ad Litem by Plaintiffs Kenneth Fleming, John Doe, R.K., T.D.. (Pfau, Michael)
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Filing
111
REPORT of Litigation Guardian Ad Litem by Plaintiffs Kenneth Fleming, John Doe, R.K., T.D.. (Pfau, Michael)
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Filing
108
NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants LDS Social Services, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints. Jeffrey I Tilden is substituted as counsel for Defendants. Attorney Marcus B. Nash terminated. (Tilden, Jeffrey)
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Filing
107
ORDER granting 105 Motion for appointment of litigation guardian ad litem by Judge Ricardo S Martinez.(RS, )
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Filing
106
DECLARATION of Michael T. Pfau filed by Plaintiffs Kenneth Fleming, John Doe, R.K., T.D. re 105 MOTION to Appoint Litigation Guardian Ad Litem (Pfau, Michael)
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Filing
104
STIPULATION AND ORDER dismissing claims of plaintiff T.D. by Judge Ricardo S Martinez. (RS, )
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Filing
103
STIPULATION AND PROPOSED ORDER Dismissing Claims of Plaintiff T.D. by parties. (Frey, Thomas)
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Filing
102
STIPULATION AND ORDER dismissing claims of plaintiff John Doe by Judge Ricardo S Martinez. (RS, )
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Filing
101
ORDER granting in part and denying in part 65 Motion for Summary Judgment signed by Judge Ricardo S Martinez.(CM )
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Filing
100
STIPULATION and Order Dismissing Claims of Plaintiff John Doe by parties. (Frey, Thomas)
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Filing
99
ORDER denying 66 Motion for Summary Judgment by Judge Ricardo S Martinez.(MKB)
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Filing
98
ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *7-10 days*. Jury Trial is set for 10/2/2006 at 09:00 AM before Hon. Ricardo S Martinez. Motions in Limine due by 9/5/2006; Pretrial Order due by 9/20/2006; Trial briefs to be submitted by 9/27/2006; Proposed voir dire/jury instructions due by 9/27/2006; by Judge Ricardo S Martinez. (LC, )
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Filing
96
Letter from Michael T. Pfau. (Pfau, Michael)
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Filing
97
AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Conrad Fred Sodenkamp Jr served on 2/21/06. (RS, )
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Filing
94
AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Brian Brinkley served on 2/19/06. (RS, )
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Filing
93
Letter from Michael Pfau to Deputy Clerks. (Pfau, Michael)
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Filing
92
SECOND REVISED ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *4-5 weeks*. Jury Trial PREVIOUSLY SET for 5/22/2006 at 09:00 AM before Hon. Ricardo S Martinez (see 12/5/05 ORDER, DKT#60). Motions in Limine due by 4/24/2006; Pretrial Order due by 5/10/2006; Trial briefs to be submitted by 5/17/2006; Proposed voir dire/jury instructions due by 5/17/2006; by Judge Ricardo S Martinez. (LC, )
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Filing
91
REPLY, filed by Defendants LDS Social Services, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, TO RESPONSE to 66 MOTION for Summary Judgment Re Statute of Limitations (Frey, Thomas)
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Filing
89
STIPULATION AND ORDER DISMISSING CLAIMS OF PLAINTIFF KENNETH FLEMING; dfts The Corp of the President of The Church of Jesus Christ of Latter-Day Saints and LDS Social Services are dismissed with prejudice by Judge Ricardo S Martinez. (RS, )
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Filing
87
STIPULATION AND PROPOSED ORDER Dismissing Claims of Plaintiff Kenneth Fleming by parties. (Frey, Thomas)
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Filing 86 |
Filing
78
STIPULATION AND ORDER re: 77 Stipulation filed by Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, LDS Social Services. Signed by Judge Ricardo S Martinez. (SES)
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Filing
75
STIPULATION AND PROPOSED ORDER to Permit LoHolt to Enter for Deposition by parties. (Nash, Marcus)
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Filing
74
STIPULATION AND PROTECTIVE ORDER by Judge Ricardo S Martinez. (RS, )
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Filing
71
STIPULATION AND PROPOSED ORDER Protective Order by parties. (Foley, Joan)
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Filing
60
ORDER granting in part and denying in part 59 Motion to Continue deadlines for dispositive motions and for mediation by Judge Ricardo S Martinez.(RS, )
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Filing
59
Agreed MOTION to Continue Dispositive Motion and Mediation Deadlines by Defendants LDS Social Services, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints. Noting Date 11/30/2005. (Frey, Thomas)
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Filing
58
ORDER striking 50 Plaintiff's Motion to Compel signed by Judge Ricardo S Martinez.(MKB)
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Filing
57
REPLY, filed by Plaintiffs Kenneth Fleming, John Doe, R.K., T.D., TO RESPONSE to 50 MOTION to Compel (Menely, Michelle)
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Filing
56
DECLARATION of Marcus B. Nash filed by Defendant Corporation of the President of the Church of Jesus Christ of Latter-Day Saints re 50 MOTION to Compel (Bolasina, Michael)
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Filing
54
AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Jon Conte PhD served on 10/12/05. (RS, )
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Filing
53
AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Stuart Greenberg PhD served on 10/7/05. (RS, )
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Filing
52
PRAECIPE with proposed order attached re 50 MOTION to Compel. (Menely, Michelle) Modified text on 10/11/2005 (RS, ).
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Filing
49
NOTICE to Take Deposition of Kevin Boren on 10/13/04 by Plaintiffs Kenneth Fleming, John Doe.(Pfau, Michael)
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Filing
46
AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Kathryn Wheeler served on 9/21/05. (RS, )
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Filing
45
AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Christina Threlkeld served on 9/20/05. (RS, )
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Filing
44
AFFIDAVIT OF SERVICE OF AMENDED DEPOSITION SUBPOENA upon Dan Fleming served on 9/17/05. (RS, )
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Filing
43
AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Conrad Fred Sodenkamp Jr served on 9/19/05. (RS, )
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Filing
42
AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Robert Shephard served on 9/8/05. (RS, )
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Filing
36
ORDER granting 34 Motion to Amend case schedule re mediation. Signed by Judge Ricardo S. Martinez.Mediation deadline is now set for December 16, 2005.(CM )
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Filing 35 |
Filing
33
ANSWER to Amended Complaint by LDS Social Services, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints.(Frey, Thomas)
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Filing
32
WITHDRAWAL of Motion by Defendants LDS Social Services, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints re 30 MOTION to Compel Plaintiffs Fleming and Doe's Answers to First Interrogatories and Requests for Production filed by Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, (Frey, Thomas)
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Filing
29
AMENDED COMPLAINT against defendant(s) all defendants, filed by Kenneth Fleming, John Doe.(Pfau, Michael)
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Filing
28
ORDER granting 9 defendants Motion to Dismiss Plaintiffs Punitive Damages Claim is signed by Judge Ricardo Martinez.(MKB)
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Filing
26
RESPONSE, by Defendants LDS Social Services, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, to 24 MOTION to Amend Complaint. (Frey, Thomas)
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Filing
23
REVISED SCHEDULING ORDER: Jury Trial reset for 4/10/2006 09:00 AM before Hon. Ricardo Martinez. Joinder of Parties due by 3/18/2005; Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 9/7/2005; Motions due by 10/7/2005; Discovery completed by 10/31/2005; Dispositive motions due by 11/30/2005; 39.1 Mediation to be completed by 5/27/2005; Motions in Limine due by 3/13/2006; Pretrial Order due by 3/29/2006; Trial briefs and exhibits to be submitted by 4/5/2006; Proposed voir dire/jury instructions due by 4/5/2006; Proposed Findings of Fact and Conclusions of Law to be submitted by 4/5/2006 by Judge Ricardo Martinez. (LW)
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Filing
22
Letter from attorneys for defendants re continuance of trial. (RS, )
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Filing
21
Letter from plaintiffs' attorneys requesting telephonic status conf with Judge to discuss adjustment in trial date. (RS, )
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Filing
20
Letter from attorneys for dfts requesting continuance of trial date. (RS, )
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Filing
19
SCHEDULING ORDER: Jury Trial set for 3/6/2006 09:00 AM before Hon. Ricardo Martinez. Joinder of Parties due by 3/18/2005; Expert Witness Disclosure due by 9/7/2005; Motions due by 10/7/2005; Discovery due by 10/31/2005; Dispositive motions due by 11/30/2005; 39.1 Mediation to be completed by 5/27/2005; Motions in Limine due by 2/6/2006; Pretrial Order due by 2/22/2006; Trial briefs to be submitted by 3/1/2006; Voir dire/jury instructions due by 3/1/2006; Proposed Findings of Fact and Conclusions of Law to be submitted by 3/1/2006 by Judge Ricardo Martinez. (LW)
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Filing
18
AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Phillip Coleman served on 2/7/05. (RS, )
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Filing
17
AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Dorothy Kelly served on 2/6/05. (RS, )
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Filing
16
JOINT STATUS REPORT filed by all parties. Est. Trial Days: 20 days by Plaintiffs Kenneth Fleming, John Doe, Kenneth Fleming, John Doe.(Pfau, Michael)
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Filing
15
INITIAL DISCLOSURES by Plaintiffs Kenneth Fleming, John Doe.(Pfau, Michael)
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Filing
14
REPLY, filed by Defendants LDS Social Services, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, TO RESPONSE to 9 MOTION to Dismiss Punitive Damage Claims Under CR12(b)(6) (Frey, Thomas)
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Filing 13 |
Filing
8
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 1/28/2005; by Judge Ricardo Martinez. (LC, )
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Filing
4
ATTORNEY'S CERTIFICATION RE SERVICE OF re 1 Notice of Removal, by Defendants LDS Social Services, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints. (PM, )
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Filing
6
DEMAND for JURY TRIAL by Plaintiffs Kenneth Fleming, John Doe. (LT, )
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Filing
7
ANSWER to Complaint by LDS Social Services, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints.(RS, )
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Filing 5 |
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Defendant: Corporation of the President of the Church of Jesus Christ of Latter-Day Saints | |
Represented By: | Jeffrey I Tilden |
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Plaintiff: R.K. | |
Represented By: | Michael T Pfau |
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