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06-2076 - (PS) Whitsitt v. Cellars et al


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06-2076 - (PS) Whitsitt v. Cellars et al
November 1, 2006
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ORDER signed by Judge Gregory G. Hollows on 10/31/06. DENYING 2 Application to Proceed IFP without prejudice. Plaintiff may file a complete and updated application for this court's further consideration within 20 days of service of this order. (Donati, J)
March 13, 2007
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[DISCHARGED pursuant to 11 Order ] ORDER to SHOW CAUSE signed by Judge Gregory G. Hollows on 3/13/07 ORDERING that the plaintiff SHOW CAUSE within 20 days why this case should not be dismissed for failure to serve. (Donati, J) Modified on 4/25/2007 (Donati, J).
April 25, 2007
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ORDER signed by Judge Gregory G. Hollows on 4/25/07 DISCHARGING 9 Order to Show Cause. The clerk shall again serve plaintiff the 7 Order. (Donati, J)
August 7, 2007
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ORDER signed by Judge Gregory G. Hollows on 8/7/07: Plaintiff shall file, within ten court days after the filing date of this order, a concise brief and pertinent exhibits demonstrating exhaustion of his administrative remedies as to both of his ADEA claims. Defendants may, within ten court days after the filing date of plaintiff's brief, file a response addressing plaintiff's exhaustion of his administrative remedies. The court will thereafter submit defendants' motions for decision on the papers or schedule oral argument. (Kaminski, H)
November 20, 2007
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FINDINGS and RECOMMENDATIONS signed by Judge Gregory G. Hollows on 11/19/07 recommending that defendant's 15 MOTION to DISMISS should be granted in part and denied in part. Plaintiffs first claim, age discrimination in hiring in violation of the ADEA, should proceed against Vinotheque only; defendant Tanner should be dismissed. Plaintiffs second claim, based on a theory of retaliation in violation of the ADEA, should be dismissed as to both defendants. Plaintiffs third claim, intentional infliction of emotional distress pursuant to state law, should proceed against both defendants. Motion referred to Judge Frank C. Damrell. Objections to F&R due within 20 days.(Anderson, J)
January 16, 2008
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ORDER signed by Judge Frank C. Damrell Jr. on 1/16/07 ORDERING that the FINDINGS and RECOMMENDATIONS filed 11/20/07 27 are ADOPTED. Defendants' MOTION to DISMISS 15 is GRANTED in part and DENIED in part. Plaintiff's first claim, age discrimination in hiring in violation of the ADEA, shall proceed against Vinotheque only; defendant Tanner is DISMISSED. Plaintiff's second claim, based on a theory of retaliation in violation of the ADEA, is DISMISSED as to both defendants. Plaintiff's third claim intentional infliction of emotional distress pursuant to state law, shall proceed against both defendants. (Mena-Sanchez, L)
January 29, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 1/29/08 ORDERING the parties to file, within 30 days of the filing date of this order, a joint status report. Upon reviewing the joint status report, the court will issue a scheduling order and/or set a status conference. (Anderson, J)
April 3, 2008
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STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Gregory G. Hollows on 4/3/08 ORDERING parties may conduct discovery until 8/15/08; motions to compel discovery are to be noticed to be heard by 7/24/08; parties shall disclose all experts by 6/27/08; all pretrial motions, except motions to compel discovery, shall be completed on or before 9/25/08; pretrial statements shall be filed on or before 12/5/08; this matter is set for jury trial for 1/27/09 at 9:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Carlos, K)
November 10, 2008
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/7/08 ORDERING that plaintiff' 42 motion to withdraw admissions is granted in part and denied in part. It is recommending that dfts' 34 motion for summary judgment be granted in part and denied in part. Judgment be entered for both defendants on plaintiff's claim of intentional infliction of emotional distress. Defendants' motion be denied in regard to plaintiff's claim for age discrimination under the ADEA, and that the case proceed on this claim only and against defendant Vinotheque only. Objections due within ten days after being served with these findings and recommendations. (Duong, D)