Case: Bates v. United Parcel Service, Inc.

Bates, et al v. United Parcel Service

Bates v. UPS

Bates v. United Parcel Service

Bates v. UPS

U.S. Court of Appeals for the Ninth Circuit

Bates, et al v. United Parcel Service

U.S. Court of Appeals for the Ninth Circuit

Bates v. United Parcel Service

Bates v. United Parcel Service

ORDER RE COURT PROCEDURE and SCHEDULE by Judge Thelton E. Henderson: Proof of service to be filed by 6/28/99; counsels' case management statement to be filed by 9/3/99; initial case management conference will be held 1:30 9/13/99. (cc: all counsel) (slh, COURT STAFF) (Entered: 05/17/1999)

WAIVER OF SERVICE by defendant United Parcel Serv served on 6/2/99 in response to the Request for Waiver sent on 5/13/99 [3:99−cv−02216] (slh, COURT STAFF) (Entered: 06/09/1999)

MOTION with memorandum in support before Judge Thelton E. Henderson by defendant to transfer case to the San Jose division [3:99−cv−02216] (slh, COURT STAFF) (Entered: 06/21/1999)

DECLARATION by Timothy J. Geesey on behalf of defendant in support of motion to transfer case to the San Jose division [4−1] [3:99−cv−02216] (slh, COURT STAFF) (Entered: 06/21/1999)

PROOF OF SERVICE by defendant of motion to transfer case to the San Jose division [4−1], declaration [5−1] [3:99−cv−02216] (slh, COURT STAFF) (Entered: 06/21/1999)

CLERK'S NOTICE resetting hearing on defendant's motion to transfer case to the San Jose division [4−1] 3:00 7/26/99 [3:99−cv−02216] (slh, COURT STAFF) (Entered: 06/22/1999)

OPPOSITION by Plaintiffs to defendants' motion to transfer case to the San Jose division [4−1] [3:99−cv−02216] (tn, COURT STAFF) (Entered: 07/12/1999)

REPLY by defendant United Parcel Serv to opposition to motion to transfer case to the San Jose division [4−1] [3:99−cv−02216] (RS, COURT STAFF) (Entered: 07/13/1999)

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Thelton E. Henderson by defendant United Parcel Serv to dismiss plaintiffs' third and fourth caauses of action with Notice set for 8/23/99 at 10:00 a.m. [3:99−cv−02216] (RS, COURT STAFF) (Entered: 07/13/1999)

DECLARATION by Steven S. Kimball on behalf of defendant United Parcel Serv re motion to dismiss plaintiffs' third and fourth caauses of action [10−1] [3:99−cv−02216] (RS, COURT STAFF) (Entered: 07/13/1999)

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Thelton E. Henderson by defendant United Parcel Serv to strike class allegations with Notice set for 8/23/99 at 10:00 a.m. [3:99−cv−02216] (RS, COURT STAFF) (Entered: 07/13/1999)

RECEIVED Proposed Order ( defendant United Parcel Serv ) re: motion to strike class allegations [12−1] [3:99−cv−02216] (RS, COURT STAFF) (Entered: 07/13/1999)

RECEIVED Proposed Order ( defendant United Parcel Serv ) re: motion to dismiss plaintiffs' third and fourth caauses of action [10−1] [3:99−cv−02216] (RS, COURT STAFF) (Entered: 07/13/1999)

CLERK'S NOTICE resetting time of hearing on defendant's motion to transfer case to the San Jose division [4−1]; time changed from 3:00pm to 10:00am on 7/26/99 [3:99−cv−02216] (slh, COURT STAFF) (Entered: 07/20/1999)

ORDER by Judge Thelton E. Henderson DENYING defendant's motion to transfer case to the San Jose division [4−1] ( Date 7/29/99) (cc: all counsel) [3:99−cv−02216] (slh, COURT STAFF) (Entered: 07/29/1999)

OPPOSITION by Plaintiff Eric Bates, Plaintiff Bert Enos to motion to dismiss plaintiffs' third and fourth caauses of action [10−1] [3:99−cv−02216] (nd, COURT STAFF) (Entered: 08/04/1999)

REPLY MEMORANDUM OF POINTS AND AUTHORITIES by United Parcel Serv in support of motion to dismiss plaintiffs' third and fourth caauses of action [10−1] [3:99−cv−02216] (nd, COURT STAFF) (Entered: 08/13/1999)

REPLY MEMORANDUM OF POINTS AND AUTHORITIES by United Parcel Serv in support of motion to strike class allegations [12−1] [3:99−cv−02216] (nd, COURT STAFF) (Entered: 08/13/1999)

PROOF OF SERVICE by defendant United Parcel Serv of response [18−1], response [17−1] [3:99−cv−02216] (nd, COURT STAFF) (Entered: 08/13/1999)

ORDER by Judge Thelton E. Henderson setting hearing on motion to strike class allegations [12−1] 10:00 9/27/99, setting hearing on motion to dismiss plaintiffs' third and fourth caauses of action [10−1] 10:00 9/27/99 ( Date Entered: 8/13/99) (cc: all counsel) [3:99−cv−02216] (nd, COURT STAFF) (Entered: 08/13/1999)

LETTER dated 8/11/99 from Alison M Aubry confirm that the hearing on defendants' motion to dismiss and to strike will be heard on 10/4/99 at 10:00 and the case management conference will be held 10/12/99 at 3:00 [3:99−cv−02216] (slh, COURT STAFF) (Entered: 08/16/1999)

Docket Modification (Administrative) to letter [21−1] resetting hearing on defendant's motion to dismiss plaintiffs' third and fourth caauses of action [10−1] and motion to strike class allegations [12−1] 10:00 10/4/99; Case Management Conference reset for 3:00 10/12/99 [3:99−cv−02216] (slh, COURT STAFF) (Entered: 08/16/1999)

CERTIFICATION of discussion of ADR options by Plaintiff Eric Bates, Plaintiff Bert Enos . [3:99−cv−02216] (cs, COURT STAFF) (Entered: 10/06/1999)

MINUTES: (C/R Leo Mankiewicz) (Hearing Date: 10/4/99) that the motion to strike class allegations [12−1] is submitted, that the motion to dismiss plaintiffs' third and fourth caauses of action [10−1] is submitted [3:99−cv−02216] (cs, COURT STAFF) (Entered: 10/06/1999)

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:99−cv−02216] (cs, COURT STAFF) (Entered: 10/06/1999)

MINUTES: (C/R n/a) (Hearing Date: 10/12/99); further Case Management Conference is set for 1:30pm on 2/14/00 ; Court informs counsel of the rulings on the motions that were argued on 10/4; both motions will be denied and a written order is forthcoming; parties are to meet and confer about private mediation; if an agreement cannot be reached counsel shall contact the court for guidance; the parties are limited to taking 25 depos at this time; the remaining parts of the proposed discovery plan are approved by the Court; a joint CMC statement should be filed 10 days prior to the date of the next conference [3:99−cv−02216] (bug, COURT STAFF) (Entered: 10/19/1999)

ORDER by Judge Thelton E. Henderson denying defendant's motion to dismiss plaintiff's third cause of action under Unruh; granting defendant's motion to dismiss plaintiffs' fourth cause of action [10−1] under section 54, and denies defendant's motion to strike plaintiff's class allegations. ( Date Entered: 11/8/99) (cc: all counsel) [3:99−cv−02216] (mmr, COURT STAFF) (Entered: 11/08/1999)

ANSWER by defendant United Parcel Serv to complaint [1−1] [3:99−cv−02216] (bug, COURT STAFF) (Entered: 11/19/1999)

MINUTES: ( C/R none) ( Hearing Date: 12/16/99) for referral to mediation (ADR L.R.6) [3:99−cv−02216] (nd, COURT STAFF) (Entered: 12/21/1999)

CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:99−cv−02216] (db, COURT STAFF) (Entered: 02/06/2000)

CERTIFICATION of discussion of ADR options by defendant United Parcel Serv . [3:99−cv−02216] (db, COURT STAFF) (Entered: 02/06/2000)

MINUTES: ( C/R not reported) ( Hearing Date: 2/14/00) referring case for adr mediation , and Discovery cutoff set for 5/29/01 ; Deadline for all motion filings is 6/18/01 ; Trial will be held 8:30 9/11/00 ; [3:99−cv−02216] (db, COURT STAFF) (Entered: 02/15/2000)

CLERK'S NOTICE of appointment of mediator, Kenneth H. Natkin [3:99−cv−02216] (bt, COURT STAFF) (Entered: 02/15/2000)

ORDER by Judge Thelton E. Henderson All motions will be heard by 7/23/01, motions to be filed 6/18/01 ; Pretrial conference set for 7/27/01 ; Trial date set for 9/11/01 at 8:30 am for 15 days, Discovery cutoff 5/29/01 ( Date Entered: 2/15/00) (cc: all counsel) [3:99−cv−02216] (db, COURT STAFF) (Entered: 02/15/2000)

Docket Modification (Administrative) to Scheduling order All motions will be heard by 7/23/01, motions to be filed 6/18/01 ; Pretrial conference set for 7/27/01 ; Trial date set for 9/11/01 at 8:30 am for 15 days, Discovery cutoff 5/29/01 [33−1], order [33−2] Trial will be held 8:30 9/11/01 ; [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 01/23/2001)

MEDIATOR'S Letter to Counsel Mediation phone conference set for 3/10/00 [3:99−cv−02216] (rgd, COURT STAFF) (Entered: 02/28/2000)

STIPULATION and ORDER by Judge Thelton E. Henderson : for extending time for conducting mediation to 5/15/00 (cc: all counsel) [3:99−cv−02216] (db, COURT STAFF) (Entered: 03/13/2000)

STIPULATION and ORDER by Judge Thelton E. Henderson : for protective order (cc: all counsel) [3:99−cv−02216] (db, COURT STAFF) (Entered: 04/04/2000)

PROOF OF SERVICE by defendant United Parcel Serv of [0−0], Scheduling order for protective order [36−1] [3:99−cv−02216] (db, COURT STAFF) (Entered: 04/06/2000)

ADR session scheduling: Mediation hearing set for 5/12/00 [3:99−cv−02216] (rgd, COURT STAFF) (Entered: 04/26/2000)

CERTIFICATION OF ADR SESSION Mediation session held on 5/12/00 ; process continuing , Mediation hearing set for 6/20/00 filed by neutral Mediator Kenneth H. Natkin (rgd, COURT STAFF) (Entered: 05/25/2000)

MEDIATOR'S Letter to Counsel MED hearing will be held 10:00 7/11/00 ; [3:99−cv−02216] (bt, COURT STAFF) (Entered: 06/26/2000)

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Thelton E. Henderson by Plaintiff Eric Bates, Plaintiff Bert Enos to compel depositions, answers, interrogatories, and production of documents. [3:99−cv−02216] (db, COURT STAFF) (Entered: 08/01/2000)

DECLARATION by Alison Aubry on behalf of Plaintiff Eric Bates, Plaintiff Bert Enos re motion to compel depositions, answers, interrogatories, and production of documents. [40−1] [3:99−cv−02216] (db, COURT STAFF) (Entered: 08/01/2000)

ORDER by Judge Thelton E. Henderson referring the motion to compel depositions, answers, interrogatories, and production of documents. [40−1] to a Magistrate Judge. ( Date Entered: 8/1/00) (cc: all counsel) [3:99−cv−02216] (db, COURT STAFF) (Entered: 08/01/2000)

REFERRAL: referring case for Plf's Motion to Compel to Magistrate Judge James Larson [3:99−cv−02216] (lw, COURT STAFF) (Entered: 08/03/2000)

NOTICE of Firms' Name Change, by Plaintiff Eric Bates, Plaintiff Bert Enos [3:99−cv−02216] (db, COURT STAFF) (Entered: 08/08/2000)

MEDIATOR'S Letter to Counsel re: protocol for extending mediation deadline until after ruling on motion re: class certification [3:99−cv−02216] (rgd, COURT STAFF) (Entered: 08/08/2000)

ORDER by Magistrate Judge James Larson referring discovery to Magistrate Larson ( Date Entered: 8/16/00) (cc: all counsel) [3:99−cv−02216] (db, COURT STAFF) (Entered: 08/16/2000)

RECEIVED Proposed Order to postpone further mediation ( Plaintiff Eric Bates, Plaintiff Bert Enos, defendant United Parcel Serv ) [3:99−cv−02216] (lal, COURT STAFF) (Entered: 08/23/2000)

ORDER to postpone further mediation by Judge Thelton E. Henderson ( Date Entered: 8/28/00) (cc: all counsel) [3:99−cv−02216] (lal, COURT STAFF) (Entered: 08/28/2000)

Ex parte MOTION before Judge Thelton E. Henderson by Plaintiff Eric Bates, Plaintiff Bert Enos to continue to file motion for class certification [3:99−cv−02216] (lal, COURT STAFF) (Entered: 08/29/2000)

DECLARATION by Noah D. Lebowitz on behalf of Plaintiff Eric Bates, Plaintiff Bert Enos re motion to continue to file motion for class certification [48−1] [3:99−cv−02216] (lal, COURT STAFF) (Entered: 08/30/2000)

RECEIVED Proposed Order ( Plaintiff Eric Bates, Plaintiff Bert Enos ) re: motion to continue to file motion for class certification [48−1] [3:99−cv−02216] (lal, COURT STAFF) (Entered: 08/30/2000)

MEMORANDUM by defendant United Parcel Serv in support of defendant UPS's opposition to plaintiffs' ex parte request for additional time to bring a motion for calss certification [3:99−cv−02216] (lal, COURT STAFF) (Entered: 08/31/2000)

DECLARATION by Christopher J. Martin on behalf of defendant United Parcel Service, Inc.'s opposition to plaintiffs' ex parte request for additional time to bring a motion for class certification [3:99−cv−02216] (lal, COURT STAFF) (Entered: 08/31/2000)

DECLARATION by Patricia S. Radez on behalf of defendant United Parcel Service, Inc.'s oppostion to plaintiffs' ex parate request for additional time to bring a motion for class certification [3:99−cv−02216] (lal, COURT STAFF) (Entered: 08/31/2000)

PROOF OF SERVICE by defendant United Parcel Serv of declaration [52−1], declaration [51−1], memorandum [50−1] [3:99−cv−02216] (lal, COURT STAFF) (Entered: 08/31/2000)

MEMORANDUM by defendant United Parcel Serv in support of defendant UPS Inc.'s oppostion to plaintiffs' motion to compel discovery [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/07/2000)

DECLARATION by Leon R. Herron on behalf of defendant United Parcel Service, Inc.'s oppostion to plaintiffs' motion to compel discovery [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/07/2000)

DECLARATION by Patricia S. Radez on behalf of defendant United Parcel Service Inc.'s opposition to plaintiffs' motion to compel discovery [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/07/2000)

PROOF OF SERVICE by defendant United Parcel Serv of declaration [56−1], declaration [55−1], memorandum [54−1] [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/07/2000)

MINUTES: ( C/R Not reported) ( Hearing Date: 9/7/00) that the motion to continue to file motion for class certification [48−1] is submitted [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/07/2000)

ORDER by Magistrate Judge James Larson extending time to file their motion for class certification ( Date Entered: 9/15/00) (cc: all counsel) [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/15/2000)

DECLARATION by Jason Galek on behalf of Plaintiff Eric Bates, Plaintiff Bert Enos re motion to compel depositions, answers, interrogatories, and production of documents. [40−1] [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/16/2000)

REPLY DECLARATION by Alison Aubry on behalf of Plaintiff Eric Bates, Plaintiff Bert Enos re motion to compel depositions, answers, interrogatories, and production of documents. [40−1] [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/16/2000)

OBJECTIONS by defendant United Parcel Serv to memorandum in support of plaintiffs' motion to compel [61−1] [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/19/2000)

RESPONSE by Plaintiff Eric Bates, Plaintiff Bert Enos re objection [63−1] to defendant's objection to reply memorandum [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/22/2000)

MINUTES: ( C/R Tape 00−57) ( Hearing Date: 9/27/00) that the motion to compel depositions, answers, interrogatories, and production of documents. [40−1] is submitted [3:99−cv−02216] (lal, COURT STAFF) (Entered: 09/28/2000)

DECLARATION by Leon R. Herron on behalf of defendant United Parcel Servervice, Inc. sur reply to plaintiffs motion to compel discovery. [3:99−cv−02216] (db, COURT STAFF) (Entered: 10/11/2000)

MEMORANDUM by defendant United Parcel Serv in support of motion to compel depositions, answers, interrogatories, and production of documents. [40−1] [3:99−cv−02216] (db, COURT STAFF) (Entered: 10/12/2000)

DECLARATION by Christina L. Rooke on behalf of defendant United Parcel Serv re memorandum [67−1] [3:99−cv−02216] (db, COURT STAFF) (Entered: 10/12/2000)

ORDER by Magistrate Judge James Larson, The date of 10/11/00 for plaintiffs to file their motion for class certification is vacated. The court will recommend a new date to the district court after issuing its order on the discovery motion. ( Date Entered: 10/12/00) (cc: all counsel) [3:99−cv−02216] (db, COURT STAFF) (Entered: 10/12/2000)

LETTER to the court dated 11/21/00 from Laurence W. Paradis to inform the Court of a discovery dispute [3:99−cv−02216] (db, COURT STAFF) (Entered: 11/27/2000)

DISCOVERY ORDER AND RECOMMENDATION RE TIME TO FILE MOTION FOR CLASS CERTIFICATION.,by Magistrate Judge James Larson granting motion to compel depositions, answers, interrogatories, and production of documents. [40−1] ( Date Entered: 11/1/00) (cc: all counsel) [3:99−cv−02216] (db, COURT STAFF) (Entered: 12/01/2000)

LETTER BRIEF FILED by Patricia Radez for defendant United Parcel Serv in response to plts' letter brief dated 11/21/00 [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 12/12/2000)

OBJECTIONS and MOTION before Judge Thelton E. Henderson by defendant United Parcel Serv for reconsideration of 11/30/00 discovery order of Mag. Judge Larson [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 12/15/2000)

OBJECTIONS by defendant United Parcel Serv to order [71−1] [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 12/15/2000)

LETTER dated 12/21/00 from Patricia S. Radez re submitted objections [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 12/27/2000)

Docket Modification (Administrative) to letter [75−1] dismissing the motion for reconsideration [73−1] [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 03/13/2001)

RECEIVED Proposed Order ( defendant United Parcel Serv ) stipulation re: order [71−1] [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 12/27/2000)

Docket Modification (Administrative) removed from Mediation. [3:99−cv−02216] (cmf, COURT STAFF) (Entered: 01/09/2001)

DECLARATION by Patricia S. Radez on behalf of defendant United Parcel Serv re motion to compel answers to interrogatories [76−1] [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 01/22/2001)

RECEIVED Proposed Order ( defendant United Parcel Serv ) re: motion to compel answers to interrogatories [76−1] [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 01/22/2001)

OPPOSITION by Plaintiff Eric Bates, Plaintiff Bert Enos to motion to compel answers to interrogatories [76−1] [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 02/05/2001)

DECLARATION by Alison Aubry on behalf of Plaintiff Eric Bates, Plaintiff Bert Enos re opposition [78−1] [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 02/05/2001)

STIPULATION and ORDER by Judge Thelton E. Henderson : Discovery cutoff set for 11/15/01 ; cutoff date for expert discovery is 2/15/02 ; Deadline for all motion filings is 3/1/02 ; All motions will be heard by 4/2/02 ; Pretrial conference set for 5/15/02 ; Trial will be held 6/17/02 ; (cc: all counsel) [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 02/08/2001)

REPLY memorandum of points and authorities by defendant United Parcel Serv in support of re motion to compel answers to interrogatories [76−1] [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 02/14/2001)

PROOF OF SERVICE by defendant United Parcel Serv [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 02/20/2001)

ORDER by Judge Thelton E. Henderson granting motion to continue to file motion for class certification [48−1] ( Date Entered: 2/27/01) (cc: all counsel) [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 02/27/2001)

RECOMMENDATION by Special Master Ed Swanson re [76−1] motion to compel answers to interrogatories and plaintiffs' request to quash subpoena [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 03/09/2001)

ORDER by Judge Thelton E. Henderson granting in part and denying in part motion to compel answers to interrogatories [76−1] ( Date Entered: 3/9/01) (cc: all counsel) [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 03/09/2001)

MEDIATOR'S Letter to Counsel MED hearing will be held 9:30 5/2/01 ; [3:99−cv−02216] (cmf, COURT STAFF) Modified on 05/04/2001 (Entered: 04/17/2001)

Docket Modification (Administrative) for referral to mediation (ADR L.R.6) [3:99−cv−02216] (cmf, COURT STAFF) (Entered: 04/17/2001)

CERTIFICATION OF ADR SESSION Mediation session held on 9:30 5/2/01; process continuing. Next session is 5/30/01 filed by neutral Mediator Kenneth H. Natkin (af, COURT STAFF) (Entered: 05/04/2001)

ADR session scheduling: Second mediation hearing set for 5/30/01 [3:99−cv−02216] (af, COURT STAFF) (Entered: 05/04/2001)

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Thelton E. Henderson by Plaintiff Eric Bates for leave to file first amended complaint with Notice set for 7/2/01 10:00 [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 05/23/2001)

DECLARATION by Laurence Paradis on behalf of Plaintiff Eric Bates re motion for leave to file first amended complaint [88−1] [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 05/23/2001)

NOTICE of hearing by Plaintiff Eric Bates, Plaintiff Bert Enos setting motion for leave to file first amended complaint [88−1] ; hearing set for 10:00 7/9/01 [3:99−cv−02216] (rbe, COURT STAFF) (Entered: 05/24/2001)

CERTIFICATION OF ADR SESSION MEDIATION PROCESS COMPLETED. Second mediation session scheduled on 5/30/01 jointly cancelled by the parties. Filed by neutral Mediator Kenneth H. Natkin (af, COURT STAFF) (Entered: 06/11/2001)