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03-563 - Jackson v. ABC Nissan Inc, et al


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03-563 - Jackson v. ABC Nissan Inc, et al
August 7, 2006
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Defendant Automotive Investment Group-Arizona, Inc.'s Motion for Summary Judgment is no longer a party to this action. Granting in part and denying in part 79 Defendant ABC Nissan, Inc.'s Motion for Summary Judgment. Plaintiff's hostile work environment and constructive discharge claims as to his first period of employment with ABC Nissan remain, and Plaintiff's hostile work environment and constructive discharge claims as to his second period of employment with ABC Nissan ORDER granting 75 Defendant CTVT Motors, Inc. (aka Camelback Toyota, Inc)'s Motion for Summary Judgment is no longer a party to this matter and may file a claim for reasonable attorney's fees in accordance with LR.Civ.54.2. Granting 77 are dismissed. . Signed by Judge Stephen M McNamee on 8/4/06. (LCF, )
September 20, 2006
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ORDER RE: FINAL PRETRIAL CONFERENCE: Proposed Pretrial Order due by 10/20/2006. Final Pretrial Conference set for 11/14/2006 03:00 PM before Judge Stephen M McNamee. Signed by Judge Stephen M McNamee on 9/19/06. (LSP)
September 20, 2006
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ORDER denying 105 Dfts' Motion for Entry of Final Judgment. IT IS FURTHER ORDERED that Dfts Automotive Investment Group-AZ, Inc. and CTVT Motors, Inc. are excused from participating in any hearings to set pretrial deadlines as well as the Final Pretrial Conference scheduled 11/14/06, in light of the Court's Order granting their respective motions for sum jgm. Signed by Judge Stephen M McNamee on 9/19/06. (LSP)
October 19, 2006
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ORDER granting 112 Motion for Extension of Time to File Pretrial Materials. Proposed Pretrial Order due by 4:00 p.m. on 11/3/2006. Pretrial Conference is reset for 12/6/2006 04:00 PM before Judge Stephen M McNamee. IT IS FURTHER ORDERED that all provisions of this Court's 09/20/06 Order Re: Final Pretrial Conference 110 remain in full effect, other than those dates that have been modified by this Court. Signed by Judge Stephen M McNamee on 10/19/06. (DNH)
November 8, 2006
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ORDER granting re 116 Stipulated Motion to Continue Pretrial Filings Date. Proposed Pretrial Order due by 11/10/2006. Responses to motions in limine are due on 11/17/06. Signed by Judge Stephen M McNamee on 11/7/06. (TLJ)
December 5, 2006
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ORDER the Final Pretrial Conference set for 12/6/06 is VACATED, the Court shall conduct a Final Pretrial Conference on 1/3/07 at 1:30pm; denying 126 Motion for Leave to File a Late Response in Opposition to Dft's Amended Motion in Limine. Signed by Judge Stephen M McNamee on 12/4/06.(SBU)
January 29, 2007
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ORDER that Defendant's Amended Motion in Limine 125 is GRANTED IN PART and DENIED IN PART as follows: GRANTED: The Court will sustain Defendant's objection to the admission of the deposition of Bill Flock. DENIED: The Court will overrule Defendant's objection to the admission of the deposition of Dave Arnold and overrule Defendant's objection to the admission of alleged derogatory remarks concerning persons of races other than Plaintiff's race. Signed by Judge Stephen M McNamee on 1/29/07.(KMG)
April 12, 2007
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ORDER re 130 NOTICE of Settlement; Status Conference set for 5/21/2007 02:00 PM before Judge Stephen M McNamee; FURTHER ORDERED that the parties have 30 days from the date of this order by which to file a stipulated dismissal and that if such dismissal is timely filed, the status hearing will be vacated. Signed by Judge Stephen M McNamee on 4/11/2007. (LAD, )
June 7, 2007
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ORDER Pla's Motion for an Extension of Time in which to Respond to Dft's Motion to Enforce Settlement Agreement 137 is GRANTED IN PART as follows: Pla shall have through Monday, June 11, 2007, to respond to Dft's Motion to Enforce the Settlement Agreement. Signed by Judge Stephen M McNamee on 6/7/07.(KMG)
September 13, 2007
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ORDER granting ABC Nissan's 132 Motion to Enforce Settlement Agreement. That the Court will conduct a Status Hearing in this matter on Monday, October 29, 2007, at 10:00 a.m., before the Honorable Stephen M. McNamee in Courtroom 605 at 401 West Washington Street in Phoenix, Arizona. FURTHER ORDERED that the parties have 30 days from the date of this Order by which to file a stipulated dismissal, and that if such a dismissal is timely filed, the Status Hearing will be vacated. Signed by Judge Stephen M McNamee on 9/12/07.(KMG)
October 29, 2007
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ORDER that the above-captioned action is dismissed with prejudice, each party to bear his own costs and fees, including attorneys' fees. Signed by Judge Stephen M McNamee on 10/29/07. (KMG)
November 13, 2007
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ORDER granting 146 Motion to Modify or Correct Order. That the 145 Order entered by the Court on 10/29/07 shall be modified to state: "Pursuant to the Stipulation of Dismissal filed by Pla Ernest Jackson and Dft ABC Nissan, Inc. and good cause appearing therefore, all claims asserted by Pla against Dft ABC Nissan and by Dft ABC Nissan against Pla in this action are dismissed with prejudice, Pla and ABC Nissan to bear his and its own costs and fees, including attorneys' fees. This Order does not affect claims by or against defendants Automotive Investment Group-Arizona, Inc. and CTVT Motors, Inc. d/b/a Camelback Toyota." Signed by Judge Stephen M McNamee on 11/13/07. (ESL)
December 10, 2007
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FINAL JUDGMENT - Pla's claims against Dft AIG are dismissed with prejudice in accordance with the Court's Memorandum of Decision and Order dated August 7, 2006 (Dkt. 104). Pla shall take nothing against Dft AIG. Pla's claims against Dft Camelback Toyota are dismissed with prejudice in accordance with the Court's Memorandum of Decision and Order dated August 7, 2006 (Dkt 104). Pla shall take nothing against Dft Camelback Toyota. Pla's claims against Dft ABC Nissan and Dft ABC Nissan's claims against Pla are dismissed with prejudice pursuant to the Stipulation of Dismissal filed by Pla and Dft ABC Nissan on October 26, 2007, and the Amended Order entered by the Court on November 13, 2007 (Dkt. 149). Pla and ABC Nissan shall bear their own costs and fees, including attorney's fees. Dft AIG shall recover its costs from Pla pursuant to Federal Rule of Civil Procedure 54(d). Dft Camelback Toyota shall recover its costs from Pla pursuant to Federal Rule of Civil Procedure 54(d). Dft Camelback Toyota shall recover its reasonable attorney's fees from Pla pursuant to the Court's Memorandum of Decision and Order dated August 7, 2006 (Dkt.104), such claim for reasonable attorney's fees to be filed in accordance with Local Rule of Civil Procedure 54.2. All writs and processes for the enforcement of this judgment may issue as necessary. This judgment finally disposes of all claims and all parties, except as otherwise provided herein. All other relief not expressly granted is denied. Signed by Judge Stephen M McNamee on 12/7/07. (KMG)
February 13, 2008
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ORDER granting 151 Affidavit/supporting documents to Motion to Compel Discovery in re Attorney Fees - that Dft CVTV Motors, Inc. is awarded $3,860.00 in attorneys fees related to its motions to compel, to be paid by Pla Ernest B. Jackson and Attorney Stephen G. Montoya, jointly and severally. Signed by Judge Stephen M McNamee on 2/13/08.(KMG) Modified on 2/29/2008 TO CORRECT TEXT AND LINKAGE (KMG).
March 4, 2008
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ORDER granting Dft CTVT Motors, Inc.'s Motion for Attorney's Fees Incurred in Connection with Defense of Claims 148. Dft CTVT Motors, Inc. d/b/a Camelback Toyota is awarded $59,961.50 in attorney's fees incurred in defending against Pla's claims, to be paid by Pla Ernest B. Jackson and Attorney Stephen G. Montoya, jointly and severally. Signed by Judge Stephen M McNamee on 3/3/08.(KMG)