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13-1044 - Bodi v. Shingle Springs Band of Miwok Indians


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13-1044 - Bodi v. Shingle Springs Band of Miwok Indians
June 21, 2013
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ORDER signed by Judge Lawrence K. Karlton on 6/20/13 ORDERING that the Plaintiff's response to the Motion to Dismiss is due by 6/24/13; defendant's reply is due by 6/28/13. (Manzer, C)
July 1, 2013
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ORDER signed by Judge Lawrence K. Karlton on 6/28/13 ORDERING that Defendant has filed a notice of withdrawal of its motion to dismiss. Def's Notice, ECF No. 13. A hearing on Defendant's motion to dismiss was set for July 8, 2013 at 10:00 A.M. Based on Defendant's notice of withdrawal, the motion hearing set for July 8, 2013 is VACATED. (Becknal, R)
July 10, 2013
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STIPULATION and ORDER 15 granting leave to file Amended Complaint signed by Judge Lawrence K. Karlton on 7/9/2013. Plaintiff may file Second Amended Complaint within 7 days from Court's issuance of this Order. Defendant Shingle Springs Tribal Health Program's responsive pleading is due no later than 8/5/2013. Plaintiff shall oppose defendants' Motion to Dismiss no later than 9/3/2013. Defendants shall file any Reply Brief in support of Motion no later than 9/16/2013. Defendants' Motion to Dismiss shall be heard 9/23/2013 at 10:00 AM. Service of Second Amended Complaint on Shingle Springs Tribal Health Program, Brenda Adams, and Shingle Springs Tribal Health Board shall be deemed effective on date plaintiff electronically files and serves pleading. (Marciel, M)
August 14, 2013
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STIPULATION and ORDER 24 continuing deadlines and briefing schedule signed by Judge Lawrence K. Karlton on 8/14/2013. Plaintiff shall file her Opposition to defendant's 18 Motion to Dismiss no later than 9/12/2013. Defendants shall file any Reply Brief in support of 18 Motion by 9/27/2013. Status Conference is RE-SCHEDULED for 10/21/2013 at 1:30 PM in Courtroom 4 (LKK). (Marciel, M)
September 16, 2013
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 9/13/13 ORDERING that the Motion Hearing as to 18 Motion to Dismiss is reset for 12/9/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Plaintiff's opposition due by 10/30/2013. Defendant's reply due by 11/22/2013. Status Conference reset for 12/16/2013 at 02:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Manzer, C) Modified on 9/17/2013 (Manzer, C).
November 1, 2013
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 11/1/13: Scheduling Conference RESET for 2/10/2014 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. HEARING as to 18 Motion to Dismiss 17 Second Amended Complaint RESET for 1/13/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Kaminski, H)
December 6, 2013
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STIPULATION and ORDER 35 signed by Judge Lawrence K. Karlton on 12/6/13 ORDERING that Defendants shall file any reply brief in support of their Motion to Dismiss Plaintiff's Second Amended Complaint no later than 12/16/2013. (Kastilahn, A)
December 20, 2013
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ORDER signed by Judge Lawrence K. Karlton on 12/20/2013 ORDERING that plaintiff is DIRECTED to either provide further briefing on, or concede, the issue of whether tribal sovereign immunity bars the court from hearing Plaintiff's claims of wrongful termination (i) in violation of the Family and Medical Leave Act of 1993 and the California Family Rights Act, (ii) in violation of public policy, and (iii) due to retaliation. Plaintiff's briefing or concession must be filed no later than 1/3/2014 and may be no longer than five (5) pages in length. (Zignago, K.)
January 9, 2014
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ORDER signed by Judge Lawrence K. Karlton on 1/9/14. The Court HEREBY ORDERS the parties DIRECTED to provide further briefing on the following questions: Does an Indian tribe's removal of an action to federal court constitute a waiver of sovereign immunity? How is the analysis affected by the fact that the plaintiff in the underlying action was a tribe member? Opening briefs are due within 14 days of docketing of this order. Reply briefs, in any, are due 14 days thereafter. Briefs may be no longer than 7 pages in length. 2 The hearing on defendants' 18 Motion to Dismiss, currently set for hearing on January 13, 2014, is CONTINUED to March 3, 2014 at 10:00 a.m.in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Meuleman, A)
March 5, 2014
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 3/5/14: The scheduling conference is continued to 5/19/2014 at 02:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. All proceedings in this matter are stayed until at least May 5, 2014. The Court will not issue an order on defendants' motion to dismiss until after the stay of this action ends. (Kaminski, H)
May 14, 2014
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ORDER signed by Judge Lawrence K. Karlton on 5/13/14 ORDERING that Defendants' 18 motion to dismiss Shingle Springs Tribal Health Program as a defendant is GRANTED; and the remainder of defendants' 18 motion to dismiss plaintiff's Second Amended Complaint is DENIED. (Kastilahn, A)
May 16, 2014
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ORDER signed by Judge Lawrence K. Karlton on 5/16/2014 ORDERING the scheduling conference scheduled for May 19, 2014, is taken off calendar to be reset pending the Tribes appeal of the Order; all proceedings in this matter are stayed until the Ninth Circuit issues its mandate on defendants appeal of the Order; and the Court will set a scheduling conference, if necessary, following issuance of the Ninth Circuits mandate. (Waggoner, D)
May 20, 2014
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ORDER signed by Judge Lawrence K. Karlton on 5/16/14 re 52 ORDER dated May 13, 2014. (Kaminski, H)
October 5, 2016
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ORDER REQUIRING JOINT STATUS REPORT (Donati, J)
April 6, 2017
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 4/5/2017 ORDERING that this case be DISMISSED with prejudice. Each party shall bear its own fees and costs. The Clerk of the Court is directed to close this case. CASE CLOSED (Washington, S)