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05-1099 - Henson v. Lassen County California, et al.


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05-1099 - Henson v. Lassen County California, et al.
August 3, 2005
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ORDER re 12 Second Amended Complaint filed by Deborah Henson - is STRICKEN from the record for non-compliane with FRDP 15(a) signed by Judge Frank C. Damrell Jr. on 8/3/05. (Price, M)
December 16, 2005
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STIPULATION and ORDER signed by Judge Frank C. Damrell Jr. on 12/16/05 48 Ex Parte Application - GRANTED. The parties will file their Joint Status Conference Report 30 days after the Court rules on the pending motions to dismiss and motion to amend. (Price, M)
February 23, 2006
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MEMORANDUM AND ORDER signed by Judge Frank C. Damrell Jr. on 2/22/06. 28 Dfts Pyle, Keifer, Dahle, and Hanson's Motion to Dismiss as to all claims is GRANTED. 26 Dft Crosby's Motion to Dismiss is GRANTED with prejudice as to pltf's fraud claim; GRANTED with prejudice as to pltf's intentional infliction of emotional distress claim; and GRANTED as to pltf's civil conspiracy claim.27Dft Margolies' Motion to Dismiss is GRANTED with prejudice as to pltf's fraud claim; GRANTED with prejudice as to pltf's intentional infliction of emotional distress claim; GRANTED as to pltf's civil conspiracy claim; DENIED as to pltf's claim of a First Amendment violation; andGRANTED as to pltf's claim of a Due Process violation.29 Dfts County, Mannel, Bixby, Whiteman, and Chapman's motion to dismiss isGRANTED with prejudice as to pltf's fraud claim; GRANTED with prejudice as to pltf's intentional infliction of emotional distress claim; GRANTED as to pltf's libel claim; GRANTED as to pltf's civil conspiracy claim; GRANTED with prejudice as to pltf's tortious interference with contractual relations; GRANTED as to pltf's claims of sexual orientation harassment and retaliation in violation of FEHA; DENIED as to pltf's claim of a First Amendment violation; and GRANTED as to pltf's claim of a Due Process violation. 24 Pltf's Motion to Amend is GRANTED. Pltf is granted 20 days from this order to file a 3rd amended complaint. Dfts are granted 30 days from the date of service of pltf's 3rd amended complaint to file a response.(Price, M)
March 13, 2006
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ORDER signed by Judge Frank C. Damrell Jr. on 3/13/06. re 54 Substitution of Counsel - GRANTED. Attorney Charles Robert Zeh terminated. (Price, M)
March 15, 2006
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STIPULATION and ORDER signed by Judge Frank C. Damrell Jr. on 3/15/06. 57 Request/Stipulation - GRANTED. The parties shall file a Joint Status Report 30 days after an answer is filed to the Third Amended Complaint or the Court issues an order on a Motion to Dismiss the Third Amended Complaint; plaintiff has until 3/27/06 to file her Third Amended Complaint; and plaintiff is permitted to assert facts and claims in her amended complaint arising out of facts which occurred after the filing of the last amended complaint.(Price, M)
April 26, 2006
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ORDER signed by Judge Frank C. Damrell Jr. on 4/26/06 (modified from submitted version). 60 Dfts Ex Parte Application -GRANTED. Any future requests to exceed page limits must be filed (14) days in advance of a motion. All counsel shall refer to the court's Amended Initial Scheduling Order filed in conjunction with this order for future reference on the filing of all motions and the joint status report. (Price, M)
April 26, 2006
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AMENDED ORDER REQUIRING JOINT STATUS REPORT signed by Judge Frank C. Damrell Jr. on 4/26/06. Within thirty (30) days after an answer is filed to the Third Amended Complaint or the Court issues an order on a Motion to Dismiss the Third Amended Complaint, as previously order on 3/15/06, the parties shall file a joint status report. (Price, M)
July 20, 2006
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MEMORANDUM AND ORDER signed by Judge Frank C. Damrell Jr. on 7/20/06. The court makes the following orders on the 61 Motion to Dismiss: Dft Crosby's motion to dismiss all claims against her is GRANTED. Dfts Lassen, Mannel, Bixby, Whiteman, Margolies and Chapman's motion to dismiss re: due process claim - DENIED. Dfts Lassen, Mannel, Bixby, Whiteman and Chapman's motion to dismiss pltf's slander claim - DENIED. Dfts Mannel, Bixby and Whiteman's motion to dismiss pltf's FEHA claims: as to retaliation, and harassment - DENIED and GRANTED to the extent pltf's claims employment discrimination. Dft Chapman's motion to dismiss FEHA claims: as to pltf's FEHA claims: as to retaliation, harassment - GRANTED and GRANTED to the extent pltf claims employment discrimination. Dft Lassen's motion to dismiss FEHA claims: as to pltf's FEHA retaliation, discrimination, harassment - DENIED and as to Title VII hostile work environment, ADA claims, and retaliation claim - DENIED. Pltf's motion for leave to amend is: GRANTED as to her claims of Title VII discrimination, her claim under the Federal Equal Pay Act, her claim under the CA Equal Pay Act, her FEHA discrimination claim, her claim for NIED against dfts Lassen, Mannel, Bixby, Whiteman, and Margolies, her claim for denial of COBRA benefits and DENIED as to her claims for NIED against dfts Chapman and the Lassen Board of Supervisors and her claim for conversion of personal property. Pltf shall file and serve her Fourth Amended Complaint within 10 days of this order and Dfts shall file their answer within 20 days thereafter.(Price, M) Modified on 7/20/2006 (Price, M).
September 29, 2006
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MEMORANDUM AND ORDER signed by Judge Frank C. Damrell Jr. on 9/29/06. 78 Motion to Dismiss - DENIED. (Price, M)
October 5, 2006
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STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Frank C. Damrell Jr. on 10/5/06. Pltf shall file and notice motions in accordance with LR 78-230 on the issues of evidence spoilation and recusal and notice them for hearing on 12/1/2006 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. Discovery due by 6/15/2007. Designation of Expert Witnesses due by 6/29/2007. Dispositive Motion due by 10/26/2007. Final Pretrial Conference set for 12/14/2007 at 01:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. Jury Trial set for 2/26/2008 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Price, M)
October 18, 2006
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AMENDED STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Frank C. Damrell Jr. on 10/18/06. Answer filed by dft Chapman on 9/1/06 is operative answer. Briefing schedule as to pltf's proposed motions on the issues of evidence spoilation and recusal is VACATED. Any pretrial motion filed by pltf must be in accordance with LR 78-230 and motion deadline as set in this order. All previously set dates are confirmed: Discovery due by 6/15/2007. Designation of Expert Witnesses due by 6/29/2007. Dispositive Motion due by 10/26/2007. Final Pretrial Conference set for 12/14/2007 at 01:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. Jury Trial set for 2/26/2008 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr..(Price, M)
January 26, 2007
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ORDER signed by Judge Kimberly J. Mueller on 1/26/07 DENYING the 100 Motion to Quash and for Protective Order. (Yin, K)
April 10, 2007
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ORDER signed by Judge Kimberly J. Mueller on 4/9/07 ORDERING that 109 dfts' motion to increase the seven-hour time limit for pltf's deposition is GRANTED IN PART. Dfts' 110 motion regarding the scope of the mental exam is GRANTED IN PART. Ptlf's 119 motion to increase the number of depositions is DENIED WITHOUT PREJUDICE to its renewal after full exhaustion of meet and confer efforts and upon a particularized showing of need as to each specified deposition. Pltf's 114 motion to modify dfts' subpoena duces tecum and 122 for protective order is DENIED. Pltf's 118 motion to compel Andy Whiteman to appear for deposition in Sacramento is DENIED. No later than seven days from the date of this order, the parties shall submit a supplemental joint statement pertaining to each parties' current position on disputed interrogatories and requests for production of documents. (Kastilahn, A) Modified on 6/25/2007 (Waggoner, D).
May 4, 2007
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ORDER signed by Judge Kimberly J. Mueller on 5/4/07 ORDERING that the 4/10/07 143 Order supersedes the 4/4/07 minutes and controls disposition of the discovery dispute addressed therein. To the extent that the order requires clarification regarding payment of the costs of expert transportation, the order should be construed as including the costs of travel time. (Caspar, M)
May 23, 2007
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ORDER signed by Judge Kimberly J. Mueller on 5/22/07 ORDERING that Plaintiff's Motion to Compel further responses to interrogatories and Production of documents 153 is DENIED. Within fifteen days from the date of this order, defendants shall provide verifications for the supplemental responses defense counsel agreed to provided as set forth in section II. C. of the supplemental joint statement.(Mena-Sanchez, L)
June 7, 2007
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ORDER signed by Judge Kimberly J. Mueller on 6/7/07 ORDERING pltf's motion to compel electronic discovery 158 is GRANTED IN PART. Dfts' motion to compel 160 is GRANTED. (Carlos, K)
June 18, 2007
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ORDER signed by Judge Kimberly J. Mueller on 06/15/07: The 174 MOTION to COMPEL is DENIED do to the Withdrawal. (Kirkpatrick, S)
July 27, 2007
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ORDER signed by Judge Kimberly J. Mueller on 7/26/07 ORDERING that in light of Plaintiff's withdrawal of the motion to compel production of a termination letter, that portion of the court's 6/18/07 order addressing said motion is vacated. Plaintiff did not withdraw with prejudice the motion as it pertained to sanctions. The Court finds on the present record that no sanctions are warranted.(Mena-Sanchez, L)
November 1, 2007
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ORDER RE: SETTLEMENT AND DISPOSITION signed by Judge Frank C. Damrell Jr. on 11/01/07. Pursuant to the notice of settlement 233 filed by pltf this matter has settled in principal. All dates, including motion hearings are VACATED. Dispositional documents due by 12/21/2007. (Price, M)
January 2, 2008
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STIPULATION and ORDER signed by Judge Frank C. Damrell Jr. on 1/2/08 ORDERING that defendants LASSEN COUNTY, KEVIN MANNEL, BILL BIXBY, JIM CHAPMAN, ANDY WHITEMAN and LYNNE MARGOLIES be dismissed with prejudice, each side to bear its own costs and attorneys fees. (Dillon, M)