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14-1359 - McMillan v. Lewis-Goetz and Company, Inc. et al


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14-1359 - McMillan v. Lewis-Goetz and Company, Inc. et al
June 16, 2014
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STIPULATION and ORDER re punitive damages signed by Judge Lawrence K. Karlton on 6/13/14. (Kaminski, H)
May 1, 2015
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STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 4/30/15. (Manzer, C)
November 4, 2015
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STIPULATION and ORDER 32 for leave to amend signed by District Judge Troy L. Nunley on 11/3/2015. Plaintiff is hereby GRANTED leave to file his First Amended Complaint, a true and correct copy of which is attached as Exhibit "A". Court's 15 Order striking punitive damages claims against Flow International Corporation, which was entered on 6/16/2014, shall apply to First Amended Complaint. Defendant's responsive pleading shall be due 30 days after First Amended Complaint is filed. (Marciel, M)
November 4, 2015
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STIPULATION and ORDER 33 regarding Good Faith Settlement signed by District Judge Troy L. Nunley on 11/3/2015. IT IS HEREBY ORDERED that the settlement between plaintiff David E. McMillan, Jr. and defendant Flow International Corporation, identified in paragraph one of Stipulation is "in good faith" and satisfies requirements of California Code of Civil Procedure ยง877.6 and factors set forth in Tech-Built, Inc. v. Woodward-Clyde & Associates (1985) 37 Cal.3d 488 and its progeny. IT IS FURTHER ORDERED that all past, present, and future claims by any other party, or any other joint tortfeasor or co-obligor, including non-parties to this action, for any claims of equitable comparative contribution or partial or comparative indemnity, based on comparative negligence or comparative fault, are DISMISSED with prejudice and forever barred. (Marciel, M)
November 16, 2015
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ORDER signed by District Judge Troy L. Nunley on 11/13/2015 DISMISSING Defendant Flow International Corporation with prejudice; ORDERING the parties to bear their own costs and fees; ORDERING that the Court retain jurisdiction over the parties to enforce the Settlement Agreement between the plaintiff and Defendant Flow International Corporation. (Michel, G.)
February 17, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 02/17/16 DENYING WITHOUT PREJUDICE 41 Motion to Compel. (Jackson, T)
May 16, 2016
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ORDER signed by District Judge Troy L. Nunley on 05/13/16 ORDERING that 55 defendants' Ex Parte Application to Amend the Scheduling Order is GRANTED; the 24 (28) Scheduling Order is MODIFIED to reflect that the 04/21/16 Dispositive Motion date was a filing deadline; the Court submits defendants' 49 Motion for Summary Judgment without oral argument. The Court notes that 43 defendants Motion to Compel a Mental Examination and to Modify the Scheduling Order is still under consideration by the Court and will be addressed in a combined order with defendants' Motion for Summary Judgment. (Benson, A)
August 7, 2017
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ORDER signed by District Judge Troy L. Nunley on 08/07/17 ORDERING that the 43 Motion to Compel is GRANTED and the 49 Motion for Summary Judgment is DENIED. Unless Plaintiff files a notice with this Court within 14 days indicating he will not be offering expert testimony in support of his claims for emotional distress, Plaintiff shall submit to a mental examination conducted by Ronald H. Roberts, Ph.D., at a date and time to be agreed upon by the parties. Such examination shall take place within 30 days, unless the parties submit a joint stipulation within that period agreeing to another time and date within 90 days. This examination shall take place at 2000 Van Ness Avenue, Suite 512, San Francisco, CA 94109, unless the parties submit a joint stipulation agreeing to another location. The examination of Plaintiff by Dr. Roberts will be substantially identical in scope and duration to the one described in the 43 second paragraph of Section V of the Company's opening brief. The 28 Amended Scheduling Order is AMENDED to allow the Company to conduct the above-described mental examination. Furthermore, it is AMENDED to provide the Company with 20 days after the date of Dr. Roberts's examination of Plaintiff to serve a rebuttal expert report. (Benson, A.)