Kingston v. International Business Machines Corporation
Scott Kingston |
International Business Machines Corporation |
2:2019cv01488 |
September 16, 2019 |
US District Court for the Western District of Washington |
Marsha J Pechman |
Civil Rights: Jobs |
28 U.S.C. § 1332 Diversity-Employment Discrimination |
Plaintiff |
Docket Report
This docket was last retrieved on February 3, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 198 MEMORANDUM FROM USCA (21-35548) (NOT THE MANDATE) as to #195 Notice of Appeal, filed by International Business Machines Corporation. AFFIRMED in part, VACATED in part, and REMANDED with instructions. (RE) |
Filing 197 NOTICE of Change of Address/Change of Name of Attorney Matthew E Lee. Filed by Plaintiff Scott Kingston. (Lee, Matthew) |
Filing 196 TIME SCHEDULE ORDER (21-35548) as to #195 Notice of Appeal, filed by International Business Machines Corporation. (RE) |
Filing 195 NOTICE OF APPEAL to Ninth Circuit (21-35548) re #193 Order on Motion for Judgment, #174 Order on Motion for Miscellaneous Relief, #192 Order on Motion for Miscellaneous Relief, #141 Judgment by Court, by Defendant International Business Machines Corporation. $505, receipt number BWAWDC-7156779 (cc: USCA) (Johnsrud, Barry) Modified on 7/8/2021 to add CCA#. (RE) |
Filing 194 BOND DOCUMENTATION REVIEWED- re #171 Bond, Court requirements have been met. Power of Attorney documents provided by filer. (CDA) |
NOTICE of Docket Text Modification re #171 Bond, : Corrected Power of Attorney added to docket entry (CDA) |
Filing 193 ORDER re Defendant's #161 Motion or Judgment as Matter of Law, a New Trial, or Remittitur. The Court finds no basis on which to grant judgment as a matter of law, a new trial, or remittitur. IBM was given a fair opportunity to present its case at trial, and it has failed to show any basis to set aside or readjust the jury's award. The Court therefore DENIES the Motion in full. Signed by Judge Marsha J. Pechman. (PM) |
Filing 192 ORDER. The Court GRANTS in part the Plaintiff's #146 Motion for Attorneys' Fees and awards $1,514,337.00 in attorneys' fees and $40,124.19 in nontaxable litigation expenses. Kingston is also entitled to recover pre- and post-judgment interest, as well as a tax offset. The Court GRANTS Plaintiff's #142 Motion for Interest and Tax Offset and Court awards prejudgment interest of $199,966.52, a tax offset of $1,117,508, and post-judgment interest on the awarded damages, prejudgment interest, and attorneys' fees and costs, to be calculated at a rate of.06% computed daily and compounded annually. Signed by Judge Marsha J. Pechman. (PM) |
Filing 191 Supplemental DECLARATION of Matthew E. Lee filed by Plaintiff Scott Kingston re #146 MOTION for Attorneys' Fees and Non-Taxable Costs (Attachments: #1 Exhibit 1)(Marshall, Toby) |
Filing 190 Supplemental DECLARATION of Toby J. Marshall filed by Plaintiff Scott Kingston re #146 MOTION for Attorneys' Fees and Non-Taxable Costs (Attachments: #1 Exhibit 1)(Marshall, Toby) |
Filing 189 REPLY, filed by Defendant International Business Machines Corporation, TO RESPONSE to #187 Amended MOTION for Judgment as a Matter of Law, a New Trial, or Remittitur (Johnsrud, Barry) |
Filing 188 DECLARATION of Justin R. Barnes filed by Defendant International Business Machines Corporation re #187 Amended MOTION for Judgment as a Matter of Law, a New Trial, or Remittitur (Johnsrud, Barry) |
Filing 187 Amended MOTION for Judgment as a Matter of Law, a New Trial, or Remittitur, filed by Defendant International Business Machines Corporation. Noting Date 5/28/2021, (Johnsrud, Barry) |
CLERK'S NOTICE at the direction of chambers: Per Defendant's representations in Dkt. No. #188 that the amended Motion for Judgment as a Matter of Law, a New Trial, or Remittitur only changed citations to the now-filed official trial transcripts, the Court substitutes Dkt. No. #187 for Dkt. No. #161 ; the noting date shall remain unchanged. (PM) |
Filing 186 RESPONSE, by Plaintiff Scott Kingston, to #161 MOTION for Judgment as a Matter of Law, a New Trial, or Remittitur. (Attachments: #1 Proposed Order)(Marshall, Toby) |
Filing 185 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 9 held on 4/15/2021 before Judge Marsha J. Pechman.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nickoline Drury, nickoline_drury@wawd.uscourts.gov, 206-370-8508. Release of Transcript Restriction set for 8/23/2021, (ND) |
Filing 184 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 8 held on 4/14/2021 before Judge Marsha J. Pechman.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nickoline Drury, nickoline_drury@wawd.uscourts.gov, 206-370-8508. Release of Transcript Restriction set for 8/23/2021, (ND) |
Filing 183 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 7 held on 4/13/2021 before Judge Marsha J. Pechman.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nickoline Drury, nickoline_drury@wawd.uscourts.gov, 206-370-8508. Release of Transcript Restriction set for 8/23/2021, (ND) |
Filing 182 ORDER granting Defendant's #169 Motion to Approve Civil of Supersedeas Bond. The supersedeas bond proffered by Defendant, in the amount of $14,571,851.61, secured by Atlantic Specialty Insurance Company, as surety on behalf of IBM is HEREBY APPROVED. Execution upon the Order entering Judgment in favor of Plaintiff Scott Kingston dated April 15, 2021, is HEREBY STAYED pursuant to Fed.R.Civ.P. 62(b), pending appeal. Signed by Judge Marsha J. Pechman. (PM) cc: finance |
Filing 181 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 6 held on 4/12/2021 before Judge Marsha J. Pechman.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nickoline Drury, nickoline_drury@wawd.uscourts.gov, 206-370-8508. Release of Transcript Restriction set for 8/23/2021, (ND) |
Filing 180 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 5 held on 4/9/2021 before Judge Marsha J. Pechman.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nickoline Drury, nickoline_drury@wawd.uscourts.gov, 206-370-8508. Release of Transcript Restriction set for 8/23/2021, (ND) |
Filing 179 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 4 held on 4/8/2021 before Judge Marsha J. Pechman.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nickoline Drury, nickoline_drury@wawd.uscourts.gov, 206-370-8508. Release of Transcript Restriction set for 8/23/2021, (ND) |
Filing 178 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 3 held on 4/7/2021 before Judge Marsha J. Pechman.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nickoline Drury, nickoline_drury@wawd.uscourts.gov, 206-370-8508. Release of Transcript Restriction set for 8/23/2021, (ND) |
Filing 177 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 2 held on 4/6/2021 before Judge Marsha J. Pechman.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nickoline Drury, nickoline_drury@wawd.uscourts.gov, 206-370-8508. Release of Transcript Restriction set for 8/23/2021, (ND) |
Filing 176 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 1 held on 4/5/2021 before Judge Marsha J. Pechman.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nickoline Drury, nickoline_drury@wawd.uscourts.gov, 206-370-8508. Release of Transcript Restriction set for 8/23/2021, (ND) |
Filing 175 NOTICE OF NON-OPPOSITION & REQUEST TO RE-NOTE HEARING DATE re #169 MOTION for Bond ; filed by Defendant International Business Machines Corporation. (Johnsrud, Barry) |
Filing 174 ORDER granting in part and denying in part #144 Motion for Bill of Costs in the amount of $23,523.69 against Defendant International Business Machines signed by Deputy In Charge Patrick Sherwood.(PS) |
Filing 173 TRANSCRIPT REQUEST by Defendant International Business Machines Corporation for proceedings held on 04/05/2021-04/15/2021 re #135 Notice of Filing of Official Transcript,,, #136 Notice of Filing of Official Transcript,,, #134 Notice of Filing of Official Transcript,,,. Requesting Attorney: Paul R Taylor.Posting of this Transcript Order form does not constitute an official request for transcript(s). If you have not already done so, you MUST contact the individual court reporter(s), Nickoline Drury (nickoline_drury@wawd.uscourts.gov, 206-370-8508) to make payment arrangements and secure your desired delivery time. (Taylor, Paul) |
Filing 172 REDACTION to #160 Praecipe to Attach Document by Plaintiff Scott Kingston (Marshall, Toby) |
REFERRING Plaintiff's #144 MOTION to Tax Costs to: Deputy in Charge Patrick Sherwood. (PM) |
NOTICE TO FILER: re #144 MOTION to Tax Costs , #160 Praecipe to Attach Document. Document(s) filed at docket #160 in support of Motion contain personal identifiers (Tax ID numbers) that must be redacted pursuant to Federal Rule of Civil Procedure 5.2 and Local Civil Rule 5.2. You are required to re-file a redacted version of your document using the event Redacted Document located in the Other Documents category. This event will allow you to link back to your original filing and will not affect your original filing date. Pursuant to FRCP 5.2 and LCR 5.2, the document(s) have been administratively sealed by the Court. (PS) |
FILING FEE RECEIVED from Barry Johnsrud (Appeal Surety Bond): $ 49.00, receipt number SEA104346. (RE) |
Filing 171 Civil Supersedeas Bond BOND in the amount of $14,571,851.61, Bond No. 800081399, from Atlantic Specialty Insurance Company. posted by International Business Machines Corporation (Attachments: #1 Exhibit POA)(Johnsrud, Barry) |
Filing 170 DECLARATION of Justin R. Barnes filed by Defendant International Business Machines Corporation re #169 MOTION for Bond (Attachments: #1 Exhibit A)(Johnsrud, Barry) |
Filing 169 MOTION for Bond , filed by Defendant International Business Machines Corporation. (Attachments: #1 Proposed Order) Noting Date 6/4/2021, (Johnsrud, Barry) |
Filing 168 DECLARATION of Matthew E. Lee filed by Plaintiff Scott Kingston re #146 MOTION for Attorneys' Fees and Non-Taxable Costs (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Marshall, Toby) |
Filing 167 DECLARATION of Toby J. Marshall filed by Plaintiff Scott Kingston re #146 MOTION for Attorneys' Fees and Non-Taxable Costs (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Marshall, Toby) |
Filing 166 REPLY, filed by Plaintiff Scott Kingston, TO RESPONSE to #146 MOTION for Attorneys' Fees and Non-Taxable Costs (Attachments: #1 Appendix A)(Marshall, Toby) |
Filing 165 REPLY, filed by Plaintiff Scott Kingston, TO RESPONSE to #144 MOTION to Tax Costs (Marshall, Toby) |
Filing 164 DECLARATION of Erick C. West filed by Plaintiff Scott Kingston re #142 MOTION for Prejudgment Interest, Offset for Taxes, and Post-Judgment Interest (Attachments: #1 Exhibit D)(Marshall, Toby) |
Filing 163 REPLY, filed by Plaintiff Scott Kingston, TO RESPONSE to #142 MOTION for Prejudgment Interest, Offset for Taxes, and Post-Judgment Interest (Marshall, Toby) |
Filing 162 DECLARATION of Justin R. Barnes filed by Defendant International Business Machines Corporation re #161 MOTION for Judgment as a Matter of Law, a New Trial, or Remittitur (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Johnsrud, Barry) |
Filing 161 MOTION for Judgment as a Matter of Law, a New Trial, or Remittitur, filed by Defendant International Business Machines Corporation. (Attachments: #1 Proposed Order) Noting Date 5/28/2021, (Johnsrud, Barry) |
Filing 160 PRAECIPE to attach document to Bill of Costs Filed on April 29, 2021 at Docket No. 144-2 re #144 MOTION to Tax Costs by Plaintiff Scott Kingston (Attachments: #1 Supporting Documents)(Marshall, Toby) |
Filing 159 DECLARATION of Justin Barnes filed by Defendant International Business Machines Corporation re #146 MOTION for Attorneys' Fees and Non-Taxable Costs (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)(Johnsrud, Barry) |
Filing 158 RESPONSE, by Defendant International Business Machines Corporation, to #146 MOTION for Attorneys' Fees and Non-Taxable Costs . (Attachments: #1 Proposed Order)(Johnsrud, Barry) |
Filing 157 RESPONSE, by Defendant International Business Machines Corporation, to #144 MOTION to Tax Costs . (Attachments: #1 Proposed Order)(Johnsrud, Barry) |
Filing 156 RESPONSE, by Defendant International Business Machines Corporation, to #142 MOTION for Prejudgment Interest, Offset for Taxes, and Post-Judgment Interest . (Attachments: #1 Proposed Order)(Johnsrud, Barry) |
Filing 155 DECLARATION of Matthew E. Lee filed by Plaintiff Scott Kingston re #146 MOTION for Attorneys' Fees and Non-Taxable Costs (Marshall, Toby) |
NOTICE of Docket Text Modification re 154 MINUTE ENTRY. DISREGARD: Entry made on wrong case number. (PM) |
NOTICE of Docket Text Modification re #151 Declaration: Clerk administratively sealed Declaration. Counsel to file redacted Declaration, per phone call from filer. (PM) |
Filing 154 DISREGARD: Entry made on wrong case number. MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Grant Cogswell; Pla Counsel: Darryl Parker; Def Counsel: Susan Park, Rebecca Widen, Ghazal Sharifi; CR: Debbie Zurn; Time of Hearing: 9:00AM; Jury Trial completed on 5/5/2021. Jurors continue deliberations. 10:55AM, court notified jury has reached a verdict. Verdict entered in favor of Defendant. See verdict for details. Jury individually polled, thanked, and released. (GC) Modified on 5/5/2021 (GC). |
Filing 153 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Brittany J Glass for Plaintiff Scott Kingston. (Glass, Brittany) |
NOTICE of Docket Text Modification re #152 CORRECTED Proposed Order (Unsigned) re #146 MOTION for Attorneys' Fees and Non-Taxable Costs: identified proposed order as "Corrected", per phone call from filer. (PM) |
Filing 152 CORRECTED PROPOSED ORDER (Unsigned) re #146 MOTION for Attorneys' Fees and Non-Taxable Costs (Marshall, Toby) Modified on 4/30/2021 to identify as corrected, per phone call from filer (PM). |
Filing 151 SEALED DECLARATION of Matthew E. Lee filed by Plaintiff Scott Kingston re #146 MOTION for Attorneys' Fees and Non-Taxable Costs (Marshall, Toby) Modified on 5/6/2021 to administratively seal. Counsel to file redacted Declaration, per phone call from filer (PM) |
Filing 150 DECLARATION of Toby J. Marshall filed by Plaintiff Scott Kingston re #146 MOTION for Attorneys' Fees and Non-Taxable Costs (Marshall, Toby) |
Filing 149 DECLARATION of Joe Shaeffer filed by Plaintiff Scott Kingston re #146 MOTION for Attorneys' Fees and Non-Taxable Costs (Marshall, Toby) |
Filing 148 DECLARATION of Jamal N. Whitehead filed by Plaintiff Scott Kingston re #146 MOTION for Attorneys' Fees and Non-Taxable Costs (Marshall, Toby) |
Filing 147 DECLARATION of Daniel F. Johnson filed by Plaintiff Scott Kingston re #146 MOTION for Attorneys' Fees and Non-Taxable Costs (Marshall, Toby) |
Filing 146 MOTION for Attorneys' Fees and Non-Taxable Costs , filed by Plaintiff Scott Kingston. (Attachments: #1 Proposed Order) Noting Date 5/14/2021, (Marshall, Toby) |
Filing 145 DECLARATION of Matthew E. Lee filed by Plaintiff Scott Kingston re #144 MOTION to Tax Costs (Attachments: #1 Exhibit A)(Marshall, Toby) |
Filing 144 MOTION to Tax Costs , filed by Plaintiff Scott Kingston. (Attachments: #1 Proposed Taxation of Costs, #2 Bill of Costs) Noting Date 5/14/2021, (Marshall, Toby) |
Filing 143 DECLARATION of Erick West filed by Plaintiff Scott Kingston re #142 MOTION for Prejudgment Interest, Offset for Taxes, and Post-Judgment Interest (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Marshall, Toby) |
Filing 142 MOTION for Prejudgment Interest, Offset for Taxes, and Post-Judgment Interest , filed by Plaintiff Scott Kingston. (Attachments: #1 Proposed Order) Noting Date 5/14/2021, (Marshall, Toby) |
Filing 141 JUDGMENT BY JURY. THE JURY FOUND in favor of Plaintiff Scott Kingston on all claims and awarded: (1) $1,874,302.00 for Past Economic Loss; (2) $3,097,642.00 for Future Economic Loss; (3) $113,728.00 for Unpaid Sales Commissions; (4) $6,000,000.00 for Emotional Harm. The total award from the Jury is $11,085,672.00. (See Jury Verdict (Dkt. # #139 (sealed), #140 (redacted)).) (PM) |
Filing 140 JURY VERDICT (GC) |
Filing 139 JURY VERDICT (This filing includes sealed documents) (GC) |
Filing 138 MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Grant Cogswell; Pla Counsel: Matthew Lee, Toby Marshall, Brittany Glass, Jeremy Williams; Def Counsel: Justin Barnes, Paul Taylor, Kelli Church, Barry Johnsrud; CR: Nickie Drury; Time of Hearing: 09:00AM; Jury Trial - Day 9 completed on 4/15/2021. Jurors continue deliberations. 11:30AM, court notified jury has reached a verdict. Verdict entered in favor of Plaintiff. See verdict for details. Jury individually polled, thanked, and released. (GC) |
Filing 137 MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Grant Cogswell; Pla Counsel: Matthew Lee, Toby Marshall, Brittany Glass, Jeremy Williams; Def Counsel: Justin Barnes, Paul Taylor, Kelli Church, Barry Johnsrud; CR: Nickie Drury; Time of Hearing: 8:30; Jury Trial via ZoomGov - Day 8 held on 4/15/2021. Defense motion for directed verdict: denied. Exceptions to Jury Instructions taken, Jury Instructed. Counsel present closing arguments. Jury retires to commence deliberations. 3:30PM: Jury deliberations to continue on 4/15/2021 at 9:00AM. Modified on 4/15/2021 (GC). |
Filing 136 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Cross-Examination of Scott Kingston held on 4/9/2021 before Judge Marsha J. Pechman.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nickoline Drury, nickoline_drury@wawd.uscourts.gov, 206-370-8508. Release of Transcript Restriction set for 7/13/2021, (ND) |
Filing 135 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Mr. Taylor's Opening Statement on April 5 and 6, 2021 held on 4/5/2021 before Judge Marsha J. Pechman.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nickoline Drury, nickoline_drury@wawd.uscourts.gov, 206-370-8508. Release of Transcript Restriction set for 7/13/2021, (ND) |
Filing 134 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Mr. Marshall's Opening Statement held on 4/5/2021 before Judge Marsha J. Pechman.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nickoline Drury, nickoline_drury@wawd.uscourts.gov, 206-370-8508. Release of Transcript Restriction set for 7/13/2021, (ND) |
Filing 133 COURT'S FINAL INSTRUCTIONS TO THE JURY. Signed by Judge Marsha J. Pechman. (PM) |
Filing 132 MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Grant Cogswell; Pla Counsel: Matthew Lee, Toby Marshall, Brittany Glass, Jeremy Williams; Def Counsel: Justin Barnes, Paul Taylor, Kelli Church, Barry Johnsrud; CR: Nickie Drury; Time of Hearing: 8:40AM; Jury Trial via ZoomGov - Day 7 held on 4/13/2021. Plaintiff rests. Defense Witnesses: Rosalva Nunez, Dave Mitchell, Linda Kenny, Brian Mulada, Lisa Mihalik, and Dorothy Copeland sworn and testify. Defense rests. Evidence entered. Jury Trial resumes 4/14/2021 at 08:40 AM before Judge Marsha J. Pechman. (GC) |
Filing 131 TRANSCRIPT REQUEST by Defendant International Business Machines Corporation for proceedings held on 04/05/21, 04/06/21, 04/09/21. Requesting Attorney: Paul R Taylor.Posting of this Transcript Order form does not constitute an official request for transcript(s). If you have not already done so, you MUST contact the individual court reporter(s), Nickoline Drury (nickoline_drury@wawd.uscourts.gov, 206-370-8508) to make payment arrangements and secure your desired delivery time. (Taylor, Paul) |
Filing 130 RESPONSE by Plaintiff Scott Kingston re #127 Brief In Support of At-Will Employment Jury Instruction (Marshall, Toby) |
Filing 129 Proposed Special Jury Verdict Form by Plaintiff Scott Kingston. (Marshall, Toby) |
Filing 128 Proposed Jury Instructions by Plaintiff Scott Kingston (Marshall, Toby) |
Filing 127 Defendant's BRIEF in support of at-will employment jury instruction by Defendant International Business Machines Corporation (Taylor, Paul) |
Filing 126 MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Grant Cogswell; Pla Counsel: Matthew Lee, Toby Marshall, Brittany Glass, Jeremy Williams; Def Counsel: Justin Barnes, Paul Taylor, Kelli Church, Barry Johnsrud; CR: Nickie Drury; Time of Hearing: 8:40AM; Jury Trial via ZoomGov - Day 6 held on 4/12/2021. Plaintiff's witness Jeff Larkin's testimony continues. Plaintiff's expert witness Erick West sworn and testifies. Plaintiff Witness Jerome Beard sworn and testifies. Evidence entered. Jury Trial resumes 4/13/2021 at 08:40 AM before Judge Marsha J. Pechman. (GC) |
Filing 125 MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Grant Cogswell; Pla Counsel: Matthew Lee, Toby Marshall, Brittany Glass; Def Counsel: Justin Barnes, Paul Taylor, Kelli Church, Barry Johnsrud; CR: Nickie Drury; Time of Hearing: 9:00AM; Jury Trial via ZoomGov - Day 5 held on 4/9/2021. Plaintiff's witness Scott Kingston's testimony continues. Plaintiff witnesses: Theresa Kingston and Jeff Larkin sworn and testify. Video deposition of Nicholas Donato played. Evidence entered. Jury Trial resumes 4/12/2021 at 09:00 AM before Judge Marsha J. Pechman. (GC) |
Filing 124 MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Grant Cogswell; Pla Counsel: Matthew Lee, Toby Marshall, Brittany Glass; Def Counsel: Justin Barnes, Paul Taylor, Kelli Church, Barry Johnsrud; CR: Nickie Drury; Time of Hearing: 9:00AM; Jury Trial via ZoomGov - Day 4 held on 4/8/2021. Plaintiff's witness Scott Kingston testimony continues. Evidence entered. Jury Trial resumes 4/9/2021 at 09:00 AM before Judge Marsha J. Pechman. (GC) |
Filing 123 MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Grant Cogswell; Pla Counsel: Matthew Lee, Toby Marshall, Brittany Glass; Def Counsel: Justin Barnes, Paul Taylor, Kelli Church, Barry Johnsrud; CR: Nickie Drury; Time of Hearing: 9:00AM; Jury Trial via ZoomGov - Day 3 held on 4/7/2021. Plaintiff witness Carla Johnson's testimony resumes. Plaintiff's witnesses Maria Lipner and Scott Kingston sworn and testify. Evidence entered. Jury Trial resumes for 4/8/2021 at 09:00 AM before Judge Marsha J. Pechman. (GC) |
Filing 122 MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Grant Cogswell; Pla Counsel: Matthew Lee, Toby Marshall, Brittany Glass; Def Counsel: Justin Barnes, Paul Taylor, Kelli Church, Barry Johnsrud; CR: Nickie Drury; Time of Hearing: 09:00AM; Jury Trial via ZoomGov - Day 2 held on 4/6/2021. Defendant's opening statement continues. Plaintiff witness Carla Johnson sworn and testifies. Evidence Entered. Jury Trial resumes 4/7/2021 at 09:00 AM before Judge Marsha J. Pechman. (GC) |
Filing 120 STIPULATION AND ORDER granting Parties' #115 Stipulated Motion to Dismiss Pursuant to Fed. R. CIV. P. 41(a)(1)(A)(ii). Each party to bear its own costs and fees. Signed by Judge Marsha J. Pechman.(SR) |
Filing 121 MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Grant Cogswell; Pla Counsel: Matthew Lee, Toby Marshall, Brittany Glass; Def Counsel: Justin Barnes, Paul Taylor, Kelli Church, Barry Johnsrud; CR: Nicky Drury; Time of Hearing: 08:30AM; Jury Trial via ZoomGov - Day 1 begun on 4/5/2021. Exceptions to Jury Instructions taken. Voir Dire conducted, jury empaneled and sworn. Jurors instructed. Opening statements made. Jury trial resumes 4/6/2021 at 09:00 AM before Judge Marsha J. Pechman. Modified on 4/6/2021 (GC). |
Filing 119 MINUTE ORDER: This matter comes before the Court on the Parties' request for it to rule on objections raised in the depositions of Nicholas Donato and Karla Johnson. The Court rules as follows: (1) as to the Donato deposition, the Court overrules the objections on pages 11:6-7 and 26:8-9, and sustains the objection page 43:15-16; and (2) as to the Johnson deposition, the Court overrules all objections identified. Authorized by Judge Marsha J. Pechman. (SR) |
Filing 118 COURT'S ADDITIONAL PRELIMINARY INSTRUCTION TO THE JURY. Signed by Judge Marsha J. Pechman. (PM) |
Filing 117 COURT'S PRELIMINARY INSTRUCTIONS TO THE JURY. Signed by Judge Marsha J. Pechman. (PM) |
Filing 116 CERTIFICATE of re Exhibits Presented in Zoom Trial by Defendant International Business Machines Corporation (Taylor, Paul) |
Filing 115 Stipulated MOTION Stipulation and Order to Dismiss Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), filed by Plaintiff Scott Kingston. Noting Date 4/5/2021, (Marshall, Toby) |
Filing 114 Proposed Jury Instructions by Plaintiff Scott Kingston Notice of Amended Proposed Jury Instructions (Attachments: #1 Exhibit A)(Marshall, Toby) |
Filing 112 Exhibit List Notice of Third Amended Exhibit List by Plaintiff Scott Kingston. (Marshall, Toby) |
Filing 111 CERTIFICATE Plaintiff's Certification regarding Exhibits presented in Zoom Trial by Plaintiff Scott Kingston (Marshall, Toby) |
Filing 110 Exhibit List Notice of Second Amended Exhibit List by Plaintiff Scott Kingston. (Marshall, Toby) |
Filing 113 MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Grant Cogswell; Pla Counsel: Matthew Lee, Toby Marshall, Brittany Glass; Def Counsel: Justin Barnes, Paul Taylor, Kelli Church, Barry Johnsrud; CR: Debbie Zurn; Time of Hearing: 1:30PM; Final Pretrial Conference via ZoomGov held on 3/31/2021. Court discusses voir dire questions, neutral statement, exhibits, and Zoom Jury trial procedures. Trial begins April 5, 2021 at 8:30AM. (GC) |
Filing 109 ORDER granting motion for reconsideration in #89 Trial Brief filed by Scott Kingston by Judge Marsha J. Pechman. (IJM) |
Filing 108 Exhibit List Notice of Amended Exhibit List by Plaintiff Scott Kingston. (Marshall, Toby) |
Filing 107 REPLY by Plaintiff Scott Kingston to #105 Response (non motion), #101 Order on Motion in Limine, (Attachments: #1 Exhibit 1)(Marshall, Toby) |
Filing 106 Proposed Voir Dire by Plaintiff Scott Kingston. (Attachments: #1 Exhibit A)(Marshall, Toby) |
Filing 105 RESPONSE by Defendant International Business Machines Corporation re #101 Order on Motion in Limine, (Taylor, Paul) |
Filing 104 SEALED DOCUMENT Ex. A - Johnson Designations (Pt. 2) UNREDACTED by Plaintiff Scott Kingston re #75 Order on Motion for Summary Judgment,,, Order on Motion to Seal,, #60 Declaration (Marshall, Toby) |
Filing 103 NOTICE Of Filing Amended Deposition Designations ; filed by Plaintiff Scott Kingston. (Attachments: #1 Exhibit Ex. A - Johnson Designations (Pt. 1), #2 Exhibit Ex. A - Johnson Designations (Pt. 2) REDACTED, #3 Exhibit Ex. B - Larkin Designations (Pt. 1), #4 Exhibit Ex. B - Larkin Designations (Pt. 2), #5 Exhibit Ex. B - Larkin Designations (Pt. 3))(Marshall, Toby) |
Filing 102 NOTICE Of Additional Proposed Jury Instruction re #90 Proposed Jury Instructions ; filed by Plaintiff Scott Kingston. (Marshall, Toby) |
Filing 101 ORDER granting in part and denying in part and reserving ruling in part on #77 Motion in Limine; and #78 Motion in Limine signed by Judge Marsha J. Pechman.(IJM) |
Filing 100 JOINT PRETRIAL ORDER signed by Judge Marsha J. Pechman. (LH) |
Filing 99 MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Grant Cogswell; Pla Counsel: Matthew Lee, Toby Marshall, Brittany Glass; Def Counsel: Justin Barnes, Paul Taylor, Kelli Church, Barry Johnsrud; CR: Nancy Bauer; Time of Hearing: 4:00; Pretrial Conference via ZoomGov held on 3/25/2021. Court discusses trial schedule, logistics, witnesses and exhibits with counsel. Virtual jury trial to begin on April 5, 2021 at 9:00AM and will take 10 court days to complete. Court approves and signs pretrial order, amended exhibit list to be filed. Court discusses proposed voir dire questions and pending motion in limine dkt. #77 & dkt. #78 . Written ruling to follow this hearing. Court sets final pretrial conference on March 31, 2021 at 1:30PM. Courtroom Deputy to provide counsel with ZoomGov invitation. (GC) |
Filing 98 RESPONSE by Defendant International Business Machines Corporation re #89 Trial Brief Re Plaintiff's Wrongful Termination Claim Based on the Wage Act (Taylor, Paul) |
Filing 97 PRAECIPE re #93 Proposed Pretrial Order Deposition Designations by IBM and Kingston's Objections and Counter-Designations by Defendant International Business Machines Corporation (Taylor, Paul) (Main Document 97 replaced on 3/24/2021 to flatten malformed pdf) (KB). |
Filing 96 SEALED DOCUMENT Ex A Part 2 to Response by Plaintiff Scott Kingston re #75 Order on Motion for Summary Judgment,,, Order on Motion to Seal,, #95 Response (non motion), (Marshall, Toby) |
Filing 95 RESPONSE by Plaintiff Scott Kingston Plaintiff's Responses to Defendant's Objections to Plaintiff's Deposition Designations (Attachments: #1 Exhibit A Part One, #2 Exhibit A Part Two, #3 Exhibit B Part One, #4 Exhibit B Part Two, #5 Exhibit B Part Three, #6 Exhibit C Part One, #7 Exhibit C Part Two, #8 Exhibit C Part Three, #9 Exhibit C Part Four)(Marshall, Toby) |
Filing 94 SEALED DOCUMENT by Plaintiff Scott Kingston re #75 Order on Motion for Summary Judgment,,, Order on Motion to Seal,, #89 Trial Brief (Marshall, Toby) |
Filing 93 Proposed Pretrial Order by Plaintiff Scott Kingston. (Marshall, Toby) |
Filing 92 Proposed Voir Dire by Plaintiff Scott Kingston. (Marshall, Toby) |
Filing 91 Proposed Special Jury Verdict Form by Plaintiff Scott Kingston. (Marshall, Toby) |
Filing 90 Proposed Jury Instructions by Plaintiff Scott Kingston (Marshall, Toby) |
Filing 89 TRIAL BRIEF by Plaintiff Scott Kingston. (Marshall, Toby) |
Filing 88 TRIAL BRIEF by Defendant International Business Machines Corporation. (Johnsrud, Barry) |
Filing 87 UNREDACTED SEALED #85 Response to Motion, by Plaintiff Scott Kingston (Marshall, Toby) |
Filing 86 DECLARATION of Toby J. Marshall filed by Plaintiff Scott Kingston re #77 MOTIONS IN LIMINE (Attachments: #1 Ex. 1_Kenny - Deposition Excerpts, #2 Ex. 2_Larkin - Deposition Excerpts, #3 Ex. 3_Johnson - Deposition ExcerptsEx. 3_Johnson - Deposition Excerpts, #4 Ex. 4_ Copeland - Deposition Excerpts)(Marshall, Toby) |
Filing 85 RESPONSE, by Plaintiff Scott Kingston, to #77 MOTIONS IN LIMINE . (Marshall, Toby) |
Filing 84 EXHIBIT re #60 Declaration, #75 Order on Motion for Summary Judgment,,, Order on Motion to Seal,, by Plaintiff Scott Kingston (Attachments: #1 Unredacted Copy of Exhibit 3 per Court Order Dated 03-01-2021, #2 Unredacted Copy of Exhibit 5 per Court Order Dated 03-01-2021, #3 Unredacted Copy of Exhibit 7 per Court Order Dated 03-01-2021, #4 Unredacted Copy of Exhibit 8 per Court Order Dated 03-01-2021, #5 Unredacted Copy of Exhibit 11 per Court Order Dated 03-01-2021, #6 Unredacted Copy of Exhibit 14 per Court Order Dated 03-01-2021, #7 Unredacted Copy of Exhibit 22 per Court Order Dated 03-01-2021, #8 Unredacted Copy of Exhibit 25 per Court Order Dated 03-01-2021, #9 Unredacted Copy of Exhibit 27 per Court Order Dated 03-01-2021, #10 Unredacted Copy of Exhibit 29 per Court Order Dated 03-01-2021, #11 Unredacted Copy of Exhibit 30 per Court Order Dated 03-01-2021, #12 Unredacted Copy of Exhibit 37 per Court Order Dated 03-01-2021, #13 Unredacted Copy of Exhibit 40 per Court Order Dated 03-01-2021, #14 Unredacted Copy of Exhibit 49 per Court Order Dated 03-01-2021, #15 Unredacted Copy of Exhibit D per Court Order Dated 03-01-2021)(Marshall, Toby) |
Filing 83 RESPONSIVE BRIEF Replacing Plaintiff's Response to Defendant International Business Machines' Motion for Summary Judgment re #68 Response to Motion, #75 Order on Motion for Summary Judgment,,, Order on Motion to Seal,, by Plaintiff Scott Kingston. (Marshall, Toby) |
Filing 82 RESPONSE, by Defendant International Business Machines Corporation, to #78 MOTIONS IN LIMINE . (Johnsrud, Barry) |
Filing 81 MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Grant Cogswell; Pla Counsel: Matthew Lee, Toby Marshall, Brittany Glass; Def Counsel: Justin Barnes, Paul Taylor, Kelli Church, Barry Johnsrud; CR: Andrea Ramirez; Time of Hearing: 2:30PM; Status Conference via ZoomGov held on 3/5/2021. Court discusses the need for a remote jury trial and reviews the remote jury trial order with parties. Parties to submit neutral statement, list of jury questions and jury instructions by upcoming pretrial date. Signed order for remote jury trial will be forthcoming. (GC) |
Filing 80 ORDER FOR REMOTE / VIRTUAL CIVIL JURY TRIAL. Signed by Judge Marsha J. Pechman. (SR) |
Filing 79 DECLARATION of Toby J. Marshall filed by Plaintiff Scott Kingston re #78 MOTIONS IN LIMINE (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Marshall, Toby) |
Filing 78 MOTIONS IN LIMINE , filed by Plaintiff Scott Kingston. (Attachments: #1 Proposed Order) Noting Date 3/19/2021, (Marshall, Toby) |
Filing 77 MOTIONS IN LIMINE , filed by Defendant International Business Machines Corporation. (Attachments: #1 Proposed Order) Noting Date 3/19/2021, (Johnsrud, Barry) |
Filing 76 NOTICE of Appearance by attorney Paul R Taylor on behalf of Defendant International Business Machines Corporation. (Taylor, Paul) |
Filing 75 ORDER denying Defendant's #48 Motion for Summary Judgment; granting in part and denying in part Plaintiff's #59 Motion to Seal. The Exhibits to the Declaration of Toby J. Marshall (Dkt. No. #61 ) shall remained sealed. Plaintiff is ORDERED to submit unsealed copies of the following exhibits within 14 days of the date of this Order: (1) Exhibit Nos. 3, 5, 7, 11, 14, 22, 25, 27, 29, 30, 35, 37, 40, and 49; (2) Exhibit No. 35 (Johnson Dep.) shall be unsealed except as redacted at 145:1-146:25 and 170:19-171:12. Signed by Judge Marsha J. Pechman. (PM) |
Filing 74 ORDER granting Defendant's #69 Unopposed Motion to Seal and ORDERING the document filed in Docket Number #51 to be kept under seal. Signed by Judge Marsha J. Pechman. (LH) |
Filing 73 SEALED DOCUMENT Ex 59 to Supplemental Declaration of Toby J. Marshall by Plaintiff Scott Kingston re #66 Order,, #71 Declaration (non motion) (Marshall, Toby) |
Filing 72 DISREGARD filed in error SEALED DOCUMENT Ex 59 to Supplemental Declaration of Toby J. Marshall by Plaintiff Scott Kingston re #66 Order,, #71 Declaration (non motion) (Marshall, Toby) Modified on 1/25/2021 per counsel request will refile a corrected version (STP). |
Filing 71 DECLARATION Supplemental Declaration of Toby J. Marshall re #54 Response to Motion by Plaintiff Scott Kingston (Attachments: #1 Exhibit 59)(Marshall, Toby) |
NOTICE of Docket Text Modification re #72 Sealed Document : struck per counsel request will refile a corrected version. (STP) |
Filing 70 REPLY, filed by Plaintiff Scott Kingston, TO RESPONSE to #59 MOTION to Seal Plaintiff's Motion to File "Confidential" Documents Under Seal or in Open Court (Marshall, Toby) |
Filing 69 MOTION to Seal with Further Evidentiary Support as Ordered by the Court, filed by Defendant International Business Machines Corporation. (Attachments: #1 Exhibit A) Noting Date 1/1/2021, (Johnsrud, Barry) |
Filing 68 RESPONSE, by Defendant International Business Machines Corporation, to #59 MOTION to Seal Plaintiff's Motion to File "Confidential" Documents Under Seal or in Open Court. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Johnsrud, Barry) |
Filing 67 ORDER denying without prejudice Defendant's #50 Unopposed Motion to Seal. The Court grants Defendant leave to refile the motion to seal with evidentiary support. Such a filing must be submitted to the Court by no later than January 19, 2021. Absent such a submission the Court will unseal the document filed in Docket Number #51 . Signed by Judge Marsha J. Pechman. (PM) |
Filing 66 ORDER ON #42 MOTION COMPEL. The Court GRANTS the Motion to Compel and ORDERS IBM to produce the document subject to the Protective Order in this case. Separately, the Court notes that in ruling on Plaintiff's Discovery Motions, it did not specifically address Plaintiff's request for fees and costs in bringing his two discovery motions. (Dkt. Nos. #40 & #42 .) The Court does not find that the requests are merited on the record before it because the opposition as to both was substantially justified. See Fed. R. Civ. P. 37(a)(5) (A). The Court DENIES both requests. Signed by Judge Marsha J. Pechman. (PM) |
Filing 65 DECLARATION of Justin Barnes filed by Defendant International Business Machines Corporation re #48 MOTION for Summary Judgment (Attachments: #1 Exhibit A-L)(Johnsrud, Barry) |
Filing 64 REPLY, filed by Defendant International Business Machines Corporation, TO RESPONSE to #48 MOTION for Summary Judgment (Johnsrud, Barry) |
Filing 63 SEALED DOCUMENT by Plaintiff Scott Kingston re #59 MOTION to Seal Plaintiff's Motion to File "Confidential" Documents Under Seal or in Open Court, #54 Response to Motion (Marshall, Toby) |
Filing 62 NOTICE Plaintiff's Notice of Withdrawal of Stipulation in Dkt. No. 52 re #52 Stipulated MOTION and [Proposed] Order Granting Plaintiff's Extension of Time to Respond to Defendant's Motion for Summary Judgment ; filed by Plaintiff Scott Kingston. (Marshall, Toby) |
***Motion terminated: #52 Stipulated MOTION and [Proposed] Order Granting Plaintiff's Extension of Time to Respond to Defendant's Motion for Summary Judgment. Stipulation terminated per filing of Plaintiff's #62 Notice of Withdrawal of Stipulation. (PM) |
Filing 61 SEALED DOCUMENT by Plaintiff Scott Kingston re #59 MOTION to Seal Plaintiff's Motion to File "Confidential" Documents Under Seal or in Open Court, #55 Declaration,,,,, (Attachments: #1 Exhibit 1, #2 Exhibit 3, #3 Exhibit 5, #4 Exhibit 7, #5 Exhibit 8, #6 Exhibit 10, #7 Exhibit 11, #8 Exhibit 14, #9 Exhibit 15, #10 Exhibit 16, #11 Exhibit 17, #12 Exhibit 18, #13 Exhibit 19, #14 Exhibit 20, #15 Exhibit 21, #16 Exhibit 22, #17 Exhibit 23, #18 Exhibit 24, #19 Exhibit 25, #20 Exhibit 27, #21 Exhibit 29, #22 Exhibit 30, #23 Exhibit 34, #24 Exhibit 35, #25 Exhibit 36, #26 Exhibit 37, #27 Exhibit 39, #28 Exhibit 40, #29 Exhibit 43, #30 Exhibit 46, #31 Exhibit 48, #32 Exhibit 49, #33 Exhibit 56)(Marshall, Toby) |
Filing 60 DECLARATION of Toby J. Marshall filed by Plaintiff Scott Kingston re #59 MOTION to Seal Plaintiff's Motion to File "Confidential" Documents Under Seal or in Open Court (Marshall, Toby) |
Filing 59 MOTION to Seal Plaintiff's Motion to File "Confidential" Documents Under Seal or in Open Court, filed by Plaintiff Scott Kingston. (Attachments: #1 Proposed Order) Noting Date 1/22/2021, (Marshall, Toby) |
Filing 58 DECLARATION of Nicholas Donato filed by Plaintiff Scott Kingston re #48 MOTION for Summary Judgment (Marshall, Toby) |
Filing 57 DECLARATION of Michael Lee filed by Plaintiff Scott Kingston re #48 MOTION for Summary Judgment (Marshall, Toby) |
Filing 56 DECLARATION of Andre Temidis filed by Plaintiff Scott Kingston re #48 MOTION for Summary Judgment (Marshall, Toby) |
Filing 55 DECLARATION of Toby J. Marshall filed by Plaintiff Scott Kingston re #48 MOTION for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28, #33 Exhibit 29, #34 Exhibit 30, #35 Exhibit 31, #36 Exhibit 32, #37 Exhibit 33, #38 Exhibit 34, #39 Exhibit 35, #40 Exhibit 36, #41 Exhibit 37, #42 Exhibit 38, #43 Exhibit 39, #44 Exhibit 40, #45 Exhibit 41, #46 Exhibit 42, #47 Exhibit 43, #48 Exhibit 44, #49 Exhibit 45, #50 Exhibit 46, #51 Exhibit 47, #52 Exhibit 48, #53 Exhibit 49, #54 Exhibit 50, #55 Exhibit 51, #56 Exhibit 52, #57 Exhibit 53, #58 Exhibit 54, #59 Exhibit 55, #60 Exhibit 56, #61 Exhibit 57, #62 Exhibit 58)(Marshall, Toby) |
Filing 54 RESPONSE, by Plaintiff Scott Kingston, to #48 MOTION for Summary Judgment . Oral Argument Requested. (Marshall, Toby) |
Filing 53 ORDER granting Plaintiff's #40 Motion for Relief from Deadline and Motion to Exclude Expert Testimony. The Court RESERVES RULING on Kingston's #42 Motion to Compel, and will decide the issue after IBM produces the settlement agreement for in camera review. IBM must produce the agreement to the Court by no later than January 4, 2021. Signed by Judge Marsha J. Pechman.(PM) |
Filing 52 Stipulated MOTION and [Proposed] Order Granting Plaintiff's Extension of Time to Respond to Defendant's Motion for Summary Judgment, filed by Plaintiff Scott Kingston. Noting Date 1/8/2021, (Marshall, Toby) |
Filing 51 SEALED DOCUMENT by Defendant International Business Machines Corporation re #50 Unopposed MOTION to Seal (Johnsrud, Barry) |
Filing 50 Unopposed MOTION to Seal , filed by Defendant International Business Machines Corporation. (Attachments: #1 Proposed Order) Noting Date 1/1/2021, (Johnsrud, Barry) |
Filing 49 DECLARATION of Justin Barnes filed by Defendant International Business Machines Corporation re #48 MOTION for Summary Judgment (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)(Johnsrud, Barry) |
Filing 48 MOTION for Summary Judgment , filed by Defendant International Business Machines Corporation. (Attachments: #1 Proposed Order) Noting Date 1/8/2021, (Johnsrud, Barry) |
Filing 47 REPLY, filed by Plaintiff Scott Kingston, TO RESPONSE to #42 MOTION For Relief from Deadline, Motion to Compel, and Motion for Fees (Marshall, Toby) |
Filing 46 REPLY, filed by Plaintiff Scott Kingston, TO RESPONSE to #40 MOTION For Relief from Deadline and Motion to Exclude Expert Testimony (Marshall, Toby) |
Filing 45 RESPONSE, by Defendant International Business Machines Corporation, to #42 MOTION For Relief from Deadline, Motion to Compel, and Motion for Fees . (Johnsrud, Barry) |
Filing 44 RESPONSE, by Defendant International Business Machines Corporation, to #40 MOTION For Relief from Deadline and Motion to Exclude Expert Testimony . (Johnsrud, Barry) |
Filing 43 DECLARATION of Toby J. Marshall filed by Plaintiff Scott Kingston re #42 MOTION For Relief from Deadline, Motion to Compel, and Motion for Fees (Marshall, Toby) |
Filing 42 MOTION For Relief from Deadline, Motion to Compel, and Motion for Fees , filed by Plaintiff Scott Kingston. (Attachments: #1 Proposed Order) Noting Date 11/27/2020, (Marshall, Toby) |
Filing 41 DECLARATION of Toby J. Marshall filed by Plaintiff Scott Kingston re #40 MOTION For Relief from Deadline and Motion to Exclude Expert Testimony (Marshall, Toby) |
Filing 40 MOTION For Relief from Deadline and Motion to Exclude Expert Testimony , filed by Plaintiff Scott Kingston. Noting Date 11/27/2020, (Marshall, Toby) |
Filing 39 ORDER re Parties' #38 Stipulated Motion. Discovery completed by 11/13/2020, Dispositive motions due by 12/14/2020. Signed by Judge Marsha J. Pechman.(PM) |
Filing 38 Stipulated MOTION to Extend Discovery Deadline & Deadline for Dispositive Motions, filed by Defendant International Business Machines Corporation. (Attachments: #1 Proposed Order) Noting Date 11/2/2020, (Johnsrud, Barry) |
Filing 37 STIPULATED PROTECTIVE ORDER re Parties' #36 Stipulation. Signed by Judge Marsha J. Pechman. (LH) |
Filing 36 STIPULATION AND PROPOSED ORDER for Protective Order by parties (Attachments: #1 Exhibit Redline Compare)(Johnsrud, Barry) |
Filing 35 ORDER RE: DEFENDANT'S PRIVILEGE LOG re disputed discovery issues. Dkt. Nos. #31 , #32 , #33 . IT IS ORDERED that Defendant will produce, pursuant to Plaintiff's Requests for Production, documents represented by the following entry numbers in its privilege log (Dkt. No. #32 , Decl. of Williams, Exh. 1): Nos. 23, 27, 36, 44, and 49. Signed by Judge Marsha J. Pechman. (PM) |
Filing 34 ORDER re parties' #31 Joint LCR 37(a) Submission Regarding Plaintiff's Interrogatory No. 4, Request for Production Nos. 12 & 21, and Request Privilege Log. The Court orders IBM to produce for in camera review all documents for which protections are claimed in Defendant's privilege log as work product or attorney-client privilege, along with any foundation necessary to claim the privilege. The documents must be delivered to chambers by no later than July 24, 2020. The Court will reserve its ruling on the privilege log until it has had a chance to complete the in camera review. Signed by Judge Marsha J. Pechman. (PM) |
Filing 33 DECLARATION of Justin Barnes filed by Plaintiff Scott Kingston re #31 MOTION LCR 37 Joint Submission regarding Plaintiff's Interrogatory No. 4, Plaintiff's Request for Production Nos. 12 & 21, and Defendant's Privilege Log (Marshall, Toby) |
Filing 32 DECLARATION of Jeremy Williams filed by Plaintiff Scott Kingston re #31 MOTION LCR 37 Joint Submission regarding Plaintiff's Interrogatory No. 4, Plaintiff's Request for Production Nos. 12 & 21, and Defendant's Privilege Log (Attachments: #1 Exhibit 1)(Marshall, Toby) |
Filing 31 MOTION LCR 37 Joint Submission regarding Plaintiff's Interrogatory No. 4, Plaintiff's Request for Production Nos. 12 & 21, and Defendant's Privilege Log , filed by Plaintiff Scott Kingston. (Attachments: #1 Proposed Order) Noting Date 7/6/2020, (Marshall, Toby) |
Filing 30 ANSWER to #20 Amended Complaint by International Business Machines Corporation.(Johnsrud, Barry) |
Filing 29 REVISED ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *7-10 days*. Jury Trial is set for 4/5/2021 at 9:00 AM before Judge Marsha J. Pechman. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 9/8/2020, Motions due by 10/7/2020, Discovery completed by 11/6/2020, Dispositive motions due by 12/7/2020, Motions in Limine due by 3/1/2021, Pretrial Order due by 3/23/2021, Trial briefs to be submitted by 3/23/2021, Proposed voir dire/jury instructions due by 3/23/2021, Pretrial Conference set for 3/25/2021 at 1:30 PM. Signed by Judge Marsha J. Pechman. (LW) |
Filing 28 STIPULATION AND PROPOSED ORDER to Extend Case Schedule Deadlines and Trial Date by parties (Marshall, Toby) |
Filing 27 ORDER re Defendant's #24 Partial Motion to Dismiss Plaintiff's Amended Complaint. IT IS ORDERED that the motion is PARTIALLY GRANTED and PARTIALLY DENIED; Counts 2 - 5 (breach of express unilateral contract, breach of implied-in-fact contract, unpaid wages on termination, and failure to pay wages) will be DISMISSED with prejudice. Count 6, Plaintiff's claim for unjust enrichment, will be permitted to go forward. Signed by Judge Marsha J. Pechman. (PM) |
Filing 26 REPLY, filed by Defendant International Business Machines Corporation, TO RESPONSE to #24 MOTION to Dismiss Counts II, III, IV, V, and VI of Pl's Amended Complaint (Johnsrud, Barry) |
Filing 25 RESPONSE, by Plaintiff Scott Kingston, to #24 MOTION to Dismiss Counts II, III, IV, V, and VI of Pl's Amended Complaint. (Marshall, Toby) |
Filing 24 MOTION to Dismiss Counts II, III, IV, V, and VI of Pl's Amended Complaint, filed by Defendant International Business Machines Corporation. (Attachments: #1 Exhibit 1, #2 Proposed Order) Noting Date 1/17/2020, (Johnsrud, Barry) |
Filing 23 DEMAND for JURY TRIAL by Plaintiff Scott Kingston (Marshall, Toby) |
***Motion terminated re: #17 MOTION to Dismiss Count II of Plaintiff's Complaint filed by International Business Machines Corporation, per filing of #20 Amended Complaint and per direction of chambers. (PM) |
Filing 22 ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *7-10 DAY* - Jury Trial is set for 12/7/2020 at 09:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. Joinder of Parties due by 1/7/2020, Amended Pleadings due by 1/17/2020, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 5/11/2020, Motions due by 6/10/2020, Discovery completed by 7/10/2020, Dispositive motions due by 8/10/2020, Motions in Limine due by 11/2/2020, Pretrial Order due by 11/23/2020, Trial briefs to be submitted by 11/23/2020, Proposed voir dire/jury instructions due by 11/23/2020, Pretrial Conference set for 12/1/2020 at 01:30 PM in Courtroom 14206 before Judge Marsha J. Pechman. (RM) |
Filing 21 RESPONSE, by Plaintiff Scott Kingston, to #17 MOTION to Dismiss Count II of Plaintiff's Complaint. (Marshall, Toby) |
Filing 20 AMENDED COMPLAINT against defendant(s) International Business Machines Corporation, filed by Scott Kingston.(Marshall, Toby) |
Filing 19 JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 7-10. Filed by Plaintiff Scott Kingston.(Marshall, Toby) |
Filing 18 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by International Business Machines Corporation (Johnsrud, Barry) |
Filing 17 MOTION to Dismiss Count II of Plaintiff's Complaint, filed by Defendant International Business Machines Corporation. (Attachments: #1 Exhibit 1, #2 Proposed Order) Noting Date 12/13/2019, (Johnsrud, Barry) |
Filing 16 MINUTE ORDER: At the request of the parties, an extension of time to file the joint status report is granted. The report will be due on 12/2/2019. All other FRCP 26-related deadlines are adjusted accordingly. Failure to adhere to these deadlines may result in sanctions, up to and including dismissal of this action. Authorized by Judge Marsha J. Pechman. (RM) |
Filing 15 ORDER re #12 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Kelli N Church for International Business Machines Corporation, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) |
Filing 14 ORDER re #11 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Justin R Barnes for International Business Machines Corporation, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) |
Filing 13 ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 10/31/2019, FRCP 26f Conference Deadline is 10/17/2019, Initial Disclosure Deadline is 10/24/2019, by Judge Marsha J. Pechman. (RM) |
Filing 12 APPLICATION OF ATTORNEY Kelli N. Church FOR LEAVE TO APPEAR PRO HAC VICE for Defendant International Business Machines Corporation (Fee Paid) Receipt No. 0981-5933074 (Johnsrud, Barry) |
Filing 11 APPLICATION OF ATTORNEY Justin R. Barnes FOR LEAVE TO APPEAR PRO HAC VICE for Defendant International Business Machines Corporation (Fee Paid) Receipt No. 0981-5933058 (Johnsrud, Barry) |
Filing 10 NOTICE of Appearance by attorney Barry Alan Johnsrud on behalf of Defendant International Business Machines Corporation. (Johnsrud, Barry) |
Filing 9 ORDER re #6 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Matthew Lee for Scott Kingston, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) |
Filing 8 ORDER re #5 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jeremy R Williams for Scott Kingston, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) |
Filing 7 WAIVER OF SERVICE of Summons upon defendant International Business Machines Corporation mailed on 9/18/2019 (Marshall, Toby) |
Filing 6 APPLICATION OF ATTORNEY Matthew E. Lee FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Scott Kingston (Fee Paid) Receipt No. 0981-5932885 (Marshall, Toby) |
Filing 5 APPLICATION OF ATTORNEY Jeremy R. Williams FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Scott Kingston (Fee Paid) Receipt No. 0981-5932878 (Marshall, Toby) |
Filing 4 NOTICE of Appearance by attorney Brittany J Glass on behalf of Plaintiff Scott Kingston. (Glass, Brittany) |
Filing 3 Summons(es) Electronically Issued as to defendant(s) International Business Machines Corporation. (SNP) |
Filing 2 NOTICE TO FILER: re #1 Complaint. Notice of Filing Deficiency** Action Required ** See attached letter for more information and instructions. (SNP) |
Judge Marsha J. Pechman added. (SNP) |
Filing 1 COMPLAINT against defendant(s) International Business Machines Corporation (Receipt # 0981-5927484) Attorney Toby James Marshall added to party Scott Kingston(pty:pla), filed by Scott Kingston. (Attachments: #1 Summons, #2 Civil Cover Sheet)(Marshall, Toby) |
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