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11-007 - Bonzani v. McDonald, et al.


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11-007 - Bonzani v. McDonald, et al.
April 13, 2011
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/12/11: Status (pretrial scheduling) Conference set for 7/27/2011 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. HEARING as to 14 Motion to Dismiss set for 5/18/2011 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. Not later than fourteen (14) days prior to the status conference, the parties shall file status reports. (Kaminski, H)
September 23, 2011
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/23/11 GRANTING in part and DENYING in part 14 Motion to Dismiss as follows: a. Plaintiffs Section 504 Rehabilitation Act claim is DISMISSED as to all defendants without leave to amend; b. Plaintiffs Section 501 Rehabilitation Act claim against defendant Hundahl and the doe defendants is DISMISSED WITHOUT LEAVE TO AMEND;c. Plaintiffs claims under § 2615(a)(2) or § 2615(b) of the FMLA are DISMISSED WITH LEAVE TO AMEND; d. Defendants motion to dismiss plaintiffs claim under § 2615(a)(1) of the FMLA claim is DENIED; and e. Plaintiffs CSRA claim is DISMISSED WITHOUT LEAVE TO AMEND as to all defendants. Any amended complaint attempting to state a claim under § 2615(a)(2) or § 2615(b) of the FMLA, shall be filed within 14 days of the date of this order. (Meuleman, A)
September 26, 2011
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AMENDED ORDER signed by Magistrate Judge Edmund F. Brennan on 9/26/11 amending and superseding 27 Order re: 14 Motion to Dismiss filed by Scott Hundahl, Eric K. Shinseki. (Meuleman, A)
December 15, 2011
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STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 12/15/11 ORDERING that defendant Scott Hundahl, MD has until 1/4/2012 to respond to plaintiff's 9 First Amended Complaint. (Donati, J)
September 11, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/11/12 DENYING 36 Motion to Dismiss plaintiff's FMLA claim against Dr. Hubbard and GRANTING Motion to Strike plaintiff's request to a jury trial on his FMLA claim against the Secretary. (Manzer, C)
January 28, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/28/2013. Defendants shall file and serve Supplemental Brief addressing Exhibit 4 to Deposition of Dr. William Cahill no later than 2/11/2013. Plaintiff's Response, if any, shall be filed and served within 14 days of service of defendants' Supplemental Brief. Due to additional Briefing and Court's schedule, Final Pretrial Conference is CONTINUED to 6/12/2013 at 10:00 AM in Courtroom 8 (EFB). Jury Trial RE-SET for 9/10/2013 at 9:30 AM in Courtroom 8 (EFB). Counsel are referred to Rule 16 32 Scheduling Order for instruction regarding Final Pretrial Conference. (Marciel, M)
September 30, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/30/2013 DENYING 42 Motion for Summary Judgment. (Donati, J)
October 23, 2013
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ORDER re 64 Ex Parte Application, signed by Magistrate Judge Edmund F. Brennan on 10/22/13 ORDERING the Final Pretrial Conference CONTINUED to 12/4/2013 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; and the joint pretrial statement due 11/20/2013. (Kastilahn, A)
January 8, 2014
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order is MODIFIED to permit defendants to conduct discovery relating to the issue of plaintiff's damages; Defendants' discovery on this issue shall be completed by 6/30/2014; any motion to compel under this revision must be noticed on the undersigned's calendar in accordance with Local Rules and must be heard not later than 6/4/2014; this revision does not reopen discovery for the plaintiff; Plaintiff shall REIMBURSE defendants for the costs and reasonable expense incurred in brining this motion; within 14 days of the date of this order, defendants shall file a declaration identifying the reasonable expenses incurred; any response shall be filed within 7 days thereafter; all dates theretofore set are VACATED; the court sets aORDER signed by Magistrate Judge Edmund F. Brennan on 1/8/2014 ORDERING 70 Motion to modify the scheduling order is GRANTED; Defendants' 70 Motion for Rule 37(c)(1) sanctions is GRANTED in part and DENIED in part; the 11/18/2011 scheduling supplemental Pretrial Conference on 8/6/2014 at 10:00 a.m. in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; the parties may file a joint supplement pretrial statement not later than 7/23/2014. Failure to comply with this order and/or continued failures to comply with the Local Rules and/or Federal Rules of Civil Procedure may result in imposition of sanctions, including monetary sanction, evidentiary sanctions, and/or dismissal of this action.(Waggoner, D)
March 6, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/6/2014 ORDERING 83 defendants' motion to modify the scheduling order is GRANTED; defendants' motion for exclusionary sanctions is GRANTED in PART to the extent that plaintiff is precluded from introducing at trial any evidence relating to emotional distress that was not produced during discovery; defendants' 85 motion for reconsideration is DENIED; and defendants' 87 motion to compel is DENIED; plaintiff shall pay defendants $6,149.75 for the costs and reasonable expenses incurred in bringing their 11/20/2013 motion for Rule 37(c)(1) sanctions; This sum shall be paid to defendants on or before 10/20/2014. (Reader, L)
June 4, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/4/2014 GRANTING 97 Motion to Shorten Time and DENYING 97 Motion to Quash. The subpoena served on Morpheus Anesthesia, Inc. is MODIFIED as follows: Morpheus Anesthesia, Inc. need not produce non-financial documents concerning plaintiff's termination. The only termination documents that must be produced are documents relating to compensation, benefits, or other monetary items paid by Morpheus to plaintiff after the termination of his employment. The subpoena served on Anesthesia & Analgesia Medical Group, Inc. is MODIFIED as follows: Anesthesia & Analgesia Medical Group need not produce plaintiff's W-2 Form. (Donati, J)
June 6, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/6/14 GRANTING 101 Request for Redaction. IT IS HEREBY ORDERED that the document docketed as ECF No. 100-1 be STRICKEN or ENTIRELY REDACTED. Defendants' counsel shall re-file the document, redacting all Dates of Birth and Social Security numbers in conformance with Local Rule 141(a). (Meuleman, A)
August 5, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/4/2014 SUBSTITUTING Robert A. McDonald as defendant in place of Sloan D. Gibson; TERMINATING Eric K. Shinseki. (Michel, G)
August 6, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/6/14 directing plaintiff to file a a written waiver by 8/8/14 clarifying whether in addition to the waiver of jury on the issue of whether Dr. Hundahl is a "supervisor" under the Rehabilitation Act 74, plaintiff also waives jury on whether Dr. Hundahl is an "employer" for purposes of the FMLA. (Hinkle, T)
September 19, 2014
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STIPULATION AND ORDER signed by Magistrate Judge Edmund F. Brennan on 9/19/2014 PERMITTING defense witness former VA Director Brian O'Neill, M.D. to testify on the first day of trial, 10/20/2014. (Michel, G)
September 22, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/19/14. After careful consideration of defendants' objections 119 and plaintiff's response 120, the 119 objections are OVERRULED and defendants' request is DENIED. (Meuleman, A)
October 17, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/17/2014 ORDERING [155] Defendants' motion in limine number one is DENIED; Defendants' motion in limine number two is DENIED; Defendants' motion in limine number three is DENIED in PART; The motion to exclude Dr. Baker is DENIED, and the court reserves ruling on the admissibility of plaintiff's trial exhibits numbers 7, 8, 105, 106, 107; Defendants' motion in limine number four is GRANTED as to defendants' request for a finding that plaintiff is not entitled to punitive damages and withdrawn in all other regards; Defendants' motion in limine number 5 is GRANTED as to plaintiffs trial exhibit number; The court reserves ruling on the remaining issues raised in the motion; Plaintiff's motion in limine number one is DENIED; Plaintiff's motion in limine number two is GRANTED; Plaintiff's motion in limine number three is DENIED; The court reserves ruling on plaintiff's motions in limine numbers 4 through 6. (Reader, L)
August 13, 2015
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ORDER and FINDINGS of FACT and CONCLUSIONS of LAW signed by Magistrate Judge Edmund F. Brennan on 8/13/2015 ORDERING that the Plaintiff is entitled to Judgement in his favor on his FMLA claim against defendant Robert A. McDonald jointly and severally, in the amount of $1,350,476.00, which represents $675,238.00 in actual damages and a like amount in liquidated damages. It is FURTHER ORDERED that the Secretary's motion for judgment as a matter of law on plaintiff's Rehabilitation Act Claim is DENIED as MOOT and Defendant's motions for judgment as a matter of law on plaintiff's FMLA claims and for a new trial are DENIED. CASE CLOSED. (Donati, J) Modified on 1/24/2017 (Donati, J). [AMENDED pursuant to 223 Order. No Liability against defendant Scott Hundahl]
January 24, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/24/2017 VACATING the 1/25/2017 Hearing, DENYING as moot 221 & 222 Requests to Appear Telephonically and GRANTING 218 Joint Motion to Partially Vacate the judgment. The 194 Order and Findings of Fact and Conclusions of Law is AMENDED as to not impose liability against defendant Scott Hundahl and the 195 Judgment is VACATED as to defendant Scott Hundahl. (Donati, J)