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17-155 - VESTAL v. HEART OF CARDON, LLC


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17-155 - VESTAL v. HEART OF CARDON, LLC
June 15, 2018
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ENTRY - Ms. Vestal has provided sufficient evidence that, if credited, could convince a reasonable jury that she was terminated not because she had used drugs, but because she was diabetic and because Lyons did not wish to accommodate her diabetes. The Court therefore DENIES Lyons' Motion for Summary Judgment 53 as to Ms. Vestal's ADA claims, which shall be resolved either by negotiated resolution or at trial. The remainder of Ms. Vestal's claims fail either for lack of evidence or due to legal shortcomings, and the Court therefore GRANTS Lyons' Motion as to Ms. Vestal's Rehabilitation Act and state-law negligent drug testing and negligent infliction of emotional distress claims. The Court requests that the Magistrate Judge confer with the parties regarding the possibility of settlement. Should settlement efforts fail to fully resolve the remaining claim, the Court will establish a schedule for the trial of this matter. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 6/15/2018. (JRB)
August 9, 2018
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ORDER - This matter comes before the Court on Defendant's Unopposed Motion for Leave of Provision Requiring Attendance of Chief Executive Officer at Settlement Conference, filed on August 7, 2018. [See Dkt. 68.] The motion seeks leave from the provision requiring the attendance of Dr. Stephen Moore, chief executive officer of Heart of Cardon, LLC d/b/a Lyons Health and Living Center ("CarDon"), at the upcoming settlement conference on September 24, 2018. Any scheduling burdens were not communicated to the Court in the ample time given to the Defendant pursuant to the scheduling order, nor were exigent circumstances raised in the Defendant's motion to outweigh the "benefits to be gained, not only by the litigants but also by the court" by the presence of Defendant's chief executive officer at the settlement conference. Id.; [Dkt. 67.] Defendant's Unopposed Motion for Leave of Provision Requiring Attendance of Chief Executive Officer at Settlement Conference is DENIED. (See Order.) Signed by Magistrate Judge Mark J. Dinsmore on 8/9/2018. (DMW)
September 4, 2018
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ENTRY - Dr. Moore and Lyons clearly disagree with the Magistrate Judge's evaluation of the proceedings and conclusion that Dr. Moore's presence at the upcoming settlement conference would aid in the resolution in this matter. But their disagreement does not equate to clear or legal error, and the Magistrate Judge amply justified his decision with a discussion of relevant law and unchallenged observations from the first, unsuccessful settlement conference in this matter. The Court therefore OVERRULES Lyons' Objection 72 and AFFIRMS the Magistrate Judge's order that Dr. Moore personally attend the September 24 settlement conference. (See Entry.) Signed by Judge Jane Magnus-Stinson on 9/4/2018. (DMW)