Case: Ledesmav. Res-Care Oklahoma

5:02-cv-01188 | U.S. District Court for the Western District of Oklahoma

Filed Date: Aug. 20, 2002

Closed Date: Aug. 4, 2003

Clearinghouse coding complete

Case Summary

Because part of this case predates PACER, we do not have access to all of the documents on the docket. Specifically, we lack the complaint. From what we know, four plaintiffs alleging employment discrimination brought suit in the United States District Court for the Western District of Oklahoma against Res-Care Oklahoma on August 20, 2002. The case was assigned to Judge Joe Heaton. On April 16, 2003, the court issued an order temporarily closing the case without prejudice, stating that the two …

Because part of this case predates PACER, we do not have access to all of the documents on the docket. Specifically, we lack the complaint. From what we know, four plaintiffs alleging employment discrimination brought suit in the United States District Court for the Western District of Oklahoma against Res-Care Oklahoma on August 20, 2002. The case was assigned to Judge Joe Heaton.

On April 16, 2003, the court issued an order temporarily closing the case without prejudice, stating that the two parties had reached a settlement. Two months later, three of the plaintiffs moved to dismiss the cases, allegedly because they had come to an agreement with the defendant.

However, one plaintiff did not sign on to the motion to dismiss, and instead filed a “Motion for Determination to be held in Federal Court.” In an order issued on June 18, 2003, Judge Heaton stated that the import of her motion was “not altogether clear, other than indicating she does not agree to the settlement. The motion raises various questions she apparently seeks to have the Court address. However, it is not the Court’s role to construe the tentative settlement agreement or to resolve abstract questions of law which a party may have as to such a settlement.” The fourth plaintiff’s lawyer moved to withdraw as her attorney, citing disagreements. The court urged her to find new counsel quickly.

Apparently proceeding without counsel, the fourth plaintiff moved to appeal on July 8, 2003. Judge Heaton interpreted this motion as an inquiry into whether she could be forced to sign the settlement agreement. He held that she was under no obligation to enter into any particular settlement agreement. He set trial for September 2003 and again urged her to find counsel.

Before trial could begin, the fourth plaintiff and the defendant apparently reached a new private settlement agreement. Judge Heaton ordered a settlement conference for August 4 and dismissed the case with prejudice the following day.

The case is now closed.

Summary Authors

Averyn Lee (3/18/2019)

People


Judge(s)

Heaton, Joe L. (Oklahoma)

Attorney for Plaintiff

Cawthon, J. David (Oklahoma)

Pedersen, Karen (Oklahoma)

Attorney for Defendant

Barrett, Gayle (Oklahoma)

Childers, Adam W. (Oklahoma)

Documents in the Clearinghouse

Documents in this case

5:02-cv-01188

Docket [PACER]

LEDESMA v. RES-CARE OKLAHOMA

Aug. 4, 2003

Aug. 4, 2003

Docket

Docket

Last updated March 28, 2025, 8:09 a.m.

ECF Number Date Description Link
1 Aug. 26, 2002

NOTICE OF REMOVAL from Pottawatomie Cnty Dist Ct Case Number: CJ 02−714 by Defendant (nm) (Entered: 08/27/2002)

PACER
2 Aug. 26, 2002

NOTICE of Filing of Notice of Removal by defendant Res−Care Oklahoma (nm) (Entered: 08/27/2002)

PACER
3 Aug. 26, 2002

ATTORNEY APPEARANCE for defendant Res−Care Oklahoma by Adam W Childers (nm) (Entered: 08/27/2002)

PACER
4 Aug. 26, 2002

APPLICATION/MOTION of defendant Res−Care Oklahoma for an extension of time to respond to Complaint (nm) (Entered: 08/27/2002)

PACER
Aug. 26, 2002

RECEIPT For Money Received in the amount of $ 150.00, receipt # 092619 by Crowe Dunlevy (nm) (Entered: 08/27/2002)

PACER
5 Aug. 28, 2002

CERTIFICATE from Cecil Dunlap, Ct Clk of Pottawatomie Cnty, State Ct Caus No. C−02−714 re Notice of Removal to US Dist Ct. WD of OK (fp) (Entered: 08/29/2002)

PACER
6 Aug. 29, 2002

ORDER by Honorable Joe Heaton granting motion for an extension of time to respond to Complaint [4−1] Res−Care OK Inc., Shl hv until September 9, 2002, to answer, file a mtn and/or otherwise respond to Plfs' Cmp herein (cc: all counsel) [EOD Date 8/29/02] (fp) (Entered: 08/29/2002)

PACER
7 Sept. 5, 2002

ATTORNEY APPEARANCE for defendant Res−Care Oklahoma by Gayle L Barrett (cjs) (Entered: 09/05/2002)

PACER
8 Sept. 6, 2002

ATTORNEY APPEARANCE for defendant Res−Care Oklahoma by Lynne F Saunders (nm) (Entered: 09/06/2002)

PACER
9 Sept. 9, 2002

ANSWER by defendant Res−Care Oklahoma (fp) (Entered: 09/11/2002)

PACER
10 Sept. 12, 2002

AMENDMENT by defendant Res−Care Oklahoma to answer [9−1] (fp) (Entered: 09/13/2002)

PACER
11 Sept. 16, 2002

DISCLOSURE Statement filed by defendant Res−Care Oklahoma Inc. no parent corporation (fp) (Entered: 09/17/2002)

PACER
Sept. 17, 2002

DOCKET STATUS CONF ; status scheduling conf set for 10:20 11/5/02 (fp) (Entered: 09/17/2002)

PACER
12 Oct. 21, 2002

JOINT DISCOVERY PLAN by plaintiff Richard Ledesma, plaintiff Paul DeJulius, plaintiff Jeff Miller, plaintiff Karen Pedersen, defendant Res−Care Oklahoma (fp) (Entered: 10/22/2002)

PACER
13 Oct. 30, 2002

STATUS REPORT by plaintiff Richard Ledesma, plaintiff Paul DeJulius, plaintiff Jeff Miller, plaintiff Karen Pedersen, defendant Res−Care Oklahoma; jury trial demanded; est trial time 2 days liab and 2 days damages; bif req − no; possibility of settlement − fair; ptys consent to trial by magistrate judge − no (cjs) (Entered: 10/31/2002)

PACER
15 Nov. 7, 2002

MOTION by defendant Res−Care Oklahoma for leave to file Second Amended Answer (fp) (Entered: 11/08/2002)

PACER
16 Nov. 8, 2002

ORDER by Honorable Joe Heaton; GRANTS motion for leave to file Second Amended Answer [15−1] Dft Res Care OK, Inc. shl file its second amended ans w/i (5) days of the date of this Order (cc: all counsel) [EOD Date 11/8/02] (fp) (Entered: 11/08/2002)

PACER
17 Nov. 8, 2002

AMENDED ANSWER [9−1] by defendant Res−Care Oklahoma (fp) (Entered: 11/12/2002)

PACER
18 Nov. 14, 2002

MOTION by plaintiff Richard Ledesma, Paul DeJulius, Jeff Miller, Karen Pedersen and defendant Res−Care Oklahoma for an agreed protective order (nm) (Entered: 11/15/2002)

PACER
19 Nov. 15, 2002

AGREED PROTECTIVE ORDER by Honorable Joe Heaton; granting ptys' motion for an agreed protective order [18−1] (cc: all counsel) (ap) (Entered: 11/15/2002)

PACER
20 Nov. 15, 2002

NOTICE OF CONSENT to become a party plf by Chris Downing (fp) (Entered: 11/18/2002)

PACER
21 Jan. 23, 2003

NOTICE of Consent to Becoma a Party by Catina Roquemore (fp) (Entered: 01/23/2003)

PACER
22 Jan. 30, 2003

NOTICE by Frederick Shaw's Consent to Become a Party (fp) (Entered: 01/31/2003)

PACER
23 Jan. 31, 2003

MOTION by plaintiff Richard Ledesma, plaintiff Paul DeJulius, plaintiff Jeff Miller, plaintiff Karen Pedersen for relief from the scheduling order (eh) (Entered: 02/03/2003)

PACER
24 Feb. 5, 2003

ORDER by Honorable Joe Heaton; GRANTS plf's motion for relief from the scheduling order [23−1] The scheduling order herein be amended to reflect that the deadline for mediation as comtemplated in thie order be ext until the 1st day of April, 2003 (cc: all counsel) [EOD Date 2/5/03] (fp) (Entered: 02/05/2003)

PACER
25 April 9, 2003

ORDER by Honorable Joe Heaton; By its Feb 5, 2003 re [24−1] , Order, the Ct allowed the deadline for mediation to be ext until April 1, 2003. Rpts reflecting the results of such mediation hv not been filed. The parties are ordered to file, by April 15, 2003, a rpt indicating the date upon which the mediation was hled and the out come (whether the cs did or did not settle). (cc: all counsel) [EOD Date 4/9/03] (fp) (Entered: 04/09/2003)

PACER
26 April 14, 2003

NOTICE OF MEDIATION REPORT by plaintiffs' Richard Ledesma, Paul DeJulius, Jeff Miller, Karen Pedersen, and defendant Res−Care Oklahoma (fp) (Entered: 04/15/2003)

PACER
27 April 16, 2003

ORDER by Honorable Joe Heaton, Administrative Closing: That Clerk administratively terminate this action without prejudice to the rights of the parties to reopen for entry of any stipulation or order; if parties have not reopened within 30 days to obtain final determination, action will be deemed dismissed with prejudice (cc: all counsel) [EOD Date 4/16/03] (fp) (Entered: 04/16/2003)

PACER
28 May 15, 2003

MOTION by plaintiff Karen Pedersen for order for determination to be held in federal court (fp) (Entered: 05/15/2003)

PACER
29 May 16, 2003

MOTION by plaintiff Richard Ledesma, plaintiff Paul DeJulius, plaintiff Jeff Miller, plaintiff Karen Pedersen for extension of deadline (fp) (Entered:

PACER
31 June 12, 2003

STIPULATION by Plfs' Richard Ledesma, Paul DeJulius, Jeff Miller stipulate w/the dft Res−Care OK, Inc., that this action shl be dismissed w/prejudice. Each pty is to bear its own costs and atty fees. The clm of plf Karen Pedersen is not pt of or affectedd by this stipulation. (fp) (Entered: 06/13/2003)

PACER
32 June 16, 2003

MOTION by J. David Cawthon to withdraw as attorney of record for the plf Karen Pedersen (fp) (Entered: 06/16/2003)

PACER
33 June 18, 2003

ORDER by Honorable Joe Heaton that this cs will be reopened for resolution of any claims remaining as to Ms. Pedersen reopening the case GRANTING motion by Mr. Cawthon to withdraw as of record for the plf Karen Pedersen. [32−1] Mr. Cawthon is ordered to provide a cpy of this order to plf Kareh Pedersen by regular and certified mail. The "mtn for determination" is STRICKEN [28−1] (cc: all counsel) (fp) Modified on 06/18/2003 (Entered: 06/18/2003)

PACER
34 June 18, 2003

ORDER by Honorable Joe Heaton granting motion by J. David Cawthon to withdraw as attorney of record for the plf Karen Pedersen [32−1] attorney J David Cawthon for Karen Pedersen Fur that Atty Cawthon provide a cpy of this Order to plf Pedersen by regular mail and by certified mail. Fur Ordered that the plf Pedersen has (20) days fm the date of this Order to enter an appr by substitute cnsl or enter a pro se appr. Failure by the plf Pedersen to enter an appr in compliance w/this Order will result in this cs being dismissed w/without prejudice. (cc: all counsel) [EOD Date 6/18/03] (fp) (Entered: 06/18/2003)

PACER
35 June 20, 2003

CERTIFICATE of Compliance by all plaintiff purs to Ct's Order of June 18, 2003 (fp) (Entered: 06/23/2003)

PACER
36 July 8, 2003

MOTION by plaintiff Karen Pedersen for order to Appeal (fp) Modified on 07/22/2003 (Entered: 07/09/2003)

PACER
July 10, 2003

DOCKET JURY ; jury trial set for 9:30 9/8/03 (fp) Modified on 07/11/2003 (Entered: 07/11/2003)

PACER
37 July 15, 2003

ORDER by Honorable Joe Heaton; Plf Karen Pederson has filed her "Mtn to Appeal" re [36−1], to which dft need not respond. The mtn apprs to address the question of whether she has signed, or could be forced to sign, a particular settlement agreement. Plf is under no obligation to enter into any particular settlement agreement. The Ct assumes no settlement has been agreed to by Ms. Pedersen. The Cs therefore remains set for trl on the Ct's Sept., 2003 trial dkt. Plf Pedersen is urged to secure cnsl if possible. If not, Ms. Pederson needs to familiarize herself w/the applicable the rules as well as the scheduling order in this cs. The Ct encourages the parties to confer as to resolution of the remaining clms and issues. Absent such resolution, the cs will be set for judicial settlement conf in ordinary course and for trial as indicated. (cc: all counsel) [EOD Date 7/15/03] (fp) Modified on 07/22/2003 (Entered: 07/15/2003)

PACER
38 July 18, 2003

ORDER by Honorable Joe Heaton, ; Settlement conf August 4, 2003 at 1:30 p.m. bf Magistrate Judge Gary Purcell (cc: all counsel) [EOD Date 7/18/03] (fp) (Entered: 07/18/2003)

PACER
39 July 30, 2003

REVISED STATEMENT ON SETTLEMENT CONFERENCE/NOTICE by plaintiff Richard Ledesma, plaintiff Paul DeJulius, plaintiff Jeff Miller, plaintiff Karen Pedersen (cjs) (Entered: 07/30/2003)

PACER
40 Aug. 4, 2003

ORDER by Honorable Joe Heaton, Administrative Closing: That Clerk administratively terminate this action without prejudice to the rights of the parties to reopen for entry of any stipulation or order; if parties have not reopened within 30 days to obtain final determination, action will be deemed dismissed with prejudice (cc: all counsel) [EOD Date 8/4/03] (fp) (Entered: 08/04/2003)

PACER
42 Aug. 4, 2003

STIPULATION OF DISMISSAL by plaintiff Richard Ledesma, defendant Res−Care Oklahoma that this action shl be dismissed with prejudice. Each party is to bear its own costs and atty fees. (fp) (Entered: 08/05/2003)

PACER

Case Details

State / Territory:

Oklahoma

Case Type(s):

Equal Employment

Key Dates

Filing Date: Aug. 20, 2002

Closing Date: Aug. 4, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiff alleged employment discrimination

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Res-Care Oklahoma

Defendant Type(s):

Hospital/Health Department

Case Details

Other Dockets:

Western District of Oklahoma 5:02-cv-01188

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Recommended Citation