U.S. District Court
CENTRAL DISTRICT OF CALIFORNIA (Southern Division - Santa Ana)
CIVIL DOCKET FOR CASE #: 8:05-cv-00642-DOC-MLG


"" v. Capella University
Assigned to: Magistrate Judge Marc L. Goldman
Case in other court:  9th CCA, 06-55314
Cause: 42:12101 Americans With Disabilities Act

Date Filed: 07/05/2005
Jury Demand: Defendant
Nature of Suit: 446 Civil Rights: Americans with Disabilities - Other
Jurisdiction: Federal Question
Plaintiff
""
an individual
represented by Russell J Thomas, Jr
Thomas & Associates
2172 Dupont Drive , Suite 203
Irvine, CA 92612
949-752-0101
Email: rjtlawfirm@yahoo.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Capella University
a corporation
represented by H Christian L'Orange
Drinker Biddle and Reath
50 Fremont Street, 20th Floor
San Francisco, CA 94105-2235
415-591-7500
Email: chris.lorange@dbr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stella Fey Epling
Drinker Biddle & Reath
50 Fremont St, 20th Fl
San Francisco, CA 94105-2230
415-591-7500
Email: sfepling@dbr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Counter Claimant
Capella University
a corporation

V.
Counter Defendant
""
an individual

* ***

Date Filed

#

Docket Text

07/05/2005 1 COMPLAINT against Defendant Capella University. (Filing fee $ 250); filed by Plaintiff "".(ln, ) (Entered: 07/11/2005)
07/05/2005   20 Day Summons Issued re Complaint - (Discovery)[1] as to Capella University. (ln, ) (Entered: 07/11/2005)
07/05/2005 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff "". (ln, ) (Entered: 07/11/2005)
07/05/2005   FAX number for Attorney Russell J Thomas, Jr is 949-752-7172. (ln, ) (Entered: 07/11/2005)
07/05/2005 3 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed; Copy ADR Pilot Program Questionnaire attached;(ln, ) (Entered: 07/11/2005)
07/26/2005 4 PROOF OF SERVICE Executed by plaintiff "", upon Capella University served on 7/15/2005, answer due 8/4/2005. The Summons and Complaint were served by personal service, by state statute, upon Steve Shank, chairman/ceo. Due Dilligence declaration not attached. Original Summons not returned. (dmjr, ) (Entered: 08/03/2005)
08/08/2005 5 FIRST STIPULATION Extending Time to Answer the complaint. Capella University answer due 9/6/2005. filed by defendant Capella University. (dmjr, ) (Entered: 08/09/2005)
09/06/2005 6 ANSWER to Complaint - (Discovery)[1] with JURY DEMAND, COUNTERCLAIM against "" filed by defendant Capella University.(dmjr, ) (Entered: 09/07/2005)
09/07/2005 7 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge David O. Carter ORDERING answer submitted by Defendant Capella University received on 9/6/5 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(dmjr, ) (Entered: 09/07/2005)
09/07/2005 8 ORDER by Judge David O. Carter,, Set Hearings: Scheduling Conference set for 11/14/2005 08:30 AM before Honorable David O. Carter.(dmjr, ) (Entered: 09/07/2005)
09/12/2005 9 Certificate of Interested Parties filed by Defendant Capella University. (dmjr, ) (Entered: 09/13/2005)
10/07/2005 10 NOTICE OF MOTION AND MOTION to Strike Defendant Capella University's Counterclaim filed by plaintiff "". Motion set for hearing on 11/14/2005 at 08:30 AM before Honorable David O. Carter. (twdb, ) (Entered: 10/12/2005)
10/07/2005 11 MEMORANDUM of points and authorities in Support of Special MOTION to Strike[10] filed by plaintiff "". (twdb, ) (Entered: 10/12/2005)
10/11/2005 12 RE-NOTICE OF HEARING on plaintiff's MOTION to Strike[10] filed by plaintiff "". (twdb, ) (Entered: 10/13/2005)
10/31/2005 13 OPPOSITION to Motion to Strike Counterclaim [10] filed by defendant and counter claimant Capella University. (mu, ) (Entered: 11/02/2005)
10/31/2005   FAX number for Attorney Stella Fey Epling is 415-591-7510. (mu, ) (Entered: 11/02/2005)
10/31/2005 14 DECLARATION of S Fey Epling in support of Opposition to Motion to Strike Counterclaim [10] filed by defendant and counter claimant Capella University. (mu, ) (Entered: 11/02/2005)
10/31/2005 15 DECLARATION of Michael J Offerman in support of Opposition to Motion to Strike Counterclaim [10] filed by defendant and counter claimant Capella University. (mu, ) (Entered: 11/02/2005)
10/31/2005 16 DECLARATION of Darin Giedd in support of Opposition to Motion to Strike Counterclaim [10] filed by defendant and counterclaimant Capella University. (mu, ) (Entered: 11/02/2005)
10/31/2005 17 DECLARATION of Gregory W Thom in support of Opposition to Motion to Strike Counterclaim [10] filed by defendant and counter claimant Capella University. (mu, ) (Entered: 11/02/2005)
10/31/2005 18 DECLARATION of Karen Viechnicki, Ph.D in support of Opposition to Motion to Strike Counterclaim [10] filed by defendant and counter claimant Capella University. (mu, ) (Entered: 11/02/2005)
11/03/2005 19 SUGGESTIONS OF plaintiff of defendant's noncompliance with local rule filed by plaintiff "". (twdb, ) (Entered: 11/04/2005)
11/07/2005 20 REPLY Memorandum of points and authorities in support of plaintiff's Special MOTION to Strike[10] filed by plaintiff "". (twdb, ) (Entered: 11/08/2005)
11/08/2005 22 OPPOSITION to MOTION to Strike[10] filed by defendant Capella University. (dmjr, ) (Entered: 11/15/2005)
11/10/2005 21 JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 6-8 days. (dmjr, ) (Entered: 11/15/2005)
11/14/2005 24 ORDER by Judge David O. Carter, case ordered to Attorney Settlement Officer Panel for a Local Rule 16-14 settlement conference. Within 10 days, plaintiff shall notify the ADR Program Coordinator of name of Attorney Settlement Officer who will conduct the settlement conference.(dmjr, ) (Entered: 11/18/2005)
11/14/2005 25 MINUTES OF Scheduling Conference held before Judge David O. Carter, Set Deadlines/Hearings: Discovery cut-off 10/17/2006. Motions due by 9/30/2006. Final Pretrial Conference set for 11/13/2006 08:30 AM before Honorable David O. Carter. Jury Trial set for 12/5/2006 08:30 AM before Honorable David O. Carter. Motion to strike counterclaim is taken under submission, mediation to be completed by 10/6/06Court Reporter: J S rule. (dmjr, ) (Entered: 11/29/2005)
11/14/2005 26 SCHEDULING ORDER by Judge David O. Carter Discovery cut-off 10/17/2006. Motions due by 9/30/2006. Final Pretrial Conference set for 11/13/2006 08:30 AM before Honorable David O. Carter. Jury Trial set for 12/5/2006 08:30 AM before Honorable David O. Carter.(dmjr, ) (Entered: 11/29/2005)
11/15/2005 23 ORDER by Judge David O. Carter: The Court concludes that a proper determination of the Defendants' special motion to strike [10] requires allowing a short period of limited discovery in this matter. Therefore, Plaintiff's motion is hereby STAYED until 1/23/2006 at 8:30 a.m., when the matter will be heard, or another mutually-agreed upon date. The parties are also permitted to file simultaneous supplemental briefs of not more than fifteen (15) pages in length each at least two weeks prior to the hearing date, and simultaneous replies of not more than ten (10) pages each a minimum of one week in advance of the hearing date. (mu, ) (Entered: 11/17/2005)
12/19/2005 27 NOTICE OF RANDOM ASSIGNMENT of Attorney Settlement Officer. Pursuant to stipulation of the parties, the following Attorney Settlement Officer has been randomly selected: Louise LaMothe(yc, ) (Entered: 12/21/2005)
01/06/2006 28 STIPULATION AND ORDER by Judge David O. Carter :, Set Deadlines as to MOTION to Strike[10]. Responses due by 1/23/2006 Replies due by 1/30/2006. Motion reset for hearing on 2/6/2006 at 08:30 AM before Judge David O. Carter.(dmjr, ) (Entered: 01/10/2006)
01/23/2006 29 DECLARATION of Priscilla McNulty re opposition to MOTION to Strike[10] filed by defendant Capella University. (dmjr, ) (Entered: 01/25/2006)
01/23/2006 30 DECLARATION of G W Thom re opposition to MOTION to Strike[10] filed by defendant Capella University. (dmjr, ) (Entered: 01/25/2006)
01/23/2006 31 BRIEF FILED filed by defendant Capella University. regarding Response in Opposition to Motion[22]. (dmjr, ) (Entered: 01/25/2006)
01/23/2006 32 DECLARATION of S F Epling re Brief (non-motion non-appeal)[31] filed by Defendant Capella University. (dmjr, ) (Entered: 01/25/2006)
01/23/2006 33 SUPPLEMENTAL MEMORANDUM in Support of MOTION to Strike[10] filed by plaintiff "". (dmjr, ) (Entered: 01/25/2006)
01/23/2006 34 DECLARATION of S F Epling re opposition to MOTION to Strike[10] filed by counter claimant Capella University. (dmjr, ) (Entered: 01/31/2006)
01/30/2006 35 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge David O. Carter ORDERING declaration in opposition to motion to strike submitted by Counter Claimant Capella University received on 1/23/06 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(dmjr, ) (Entered: 01/31/2006)
01/30/2006 36 SUPPLEMENTAL REPLY BRIEF IN SUPPORT OF CAPELLA UNIVERSITY'S OPPOSITION TO MOTION T0 STRIKE COUNTERCLAIM [10] filed by defendant Capella University. (esa, ) (Entered: 02/02/2006)
01/30/2006 37 DECLARATION of Shawn Ambrose in support of Capella University's opposition to motion to strike counterclaim [10] filed by defendant Capella University. (esa, ) (Entered: 02/02/2006)
01/30/2006 38 DECLARATION of Vickie Cook in support of Capella University's supplemental opposition to MOTION to Strike counterclaim [10] filed by defendant Capella University. (esa, ) (Entered: 02/02/2006)
01/30/2006 39 DECLARATION of Michael J Miller in support of Capella University's supplemental opposition to MOTION to Strike counterclaim [10] filed by defendant Capella University. (esa, ) (Entered: 02/02/2006)
01/30/2006 40 DECLARATION of S Fey Epling in support of Capella University's opposition to MOTION to Strike counterclaim [10] filed by defendant Capella University. (esa, ) (Entered: 02/02/2006)
01/30/2006 46 REPLY MEMORANDUM of plaintiff in response to defendant's supplemental memorandum; supporting declarations of "", Russell J Thomas,Jr. and Briana Perez filed by "" (esa, ) (Entered: 02/02/2006)
01/31/2006 42 DECLARATION of Brian Robran in support of Capella University's supplemental opposition to MOTION to Strike counterclaim [10] filed by defendant Capella University. (esa, ) (Entered: 02/02/2006)
01/31/2006 43 DECLARATION of Darin Giedd of Capella University's supplemental opposition to MOTION to Strike conterclaim [10] filed by defendant Capella University. (esa, ) (Entered: 02/02/2006)
01/31/2006 44 DECLARATION of Nancy E Kolb [Note - the preceding link opens that complete file, which doesn't make sense, that was provided to plantiff's attorney] Capella University's supplemental opposition to MOTION to Strike counterclaim [10] filed by defendant Capella University. (esa, ) (Entered: 02/02/2006)
01/31/2006 45 DECLARATION of Jim Adam of Capella University's supplemental MOTION to Strike counterclaim [10] filed by defendant Capella University. (esa, ) (Entered: 02/02/2006)
02/02/2006 41 MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter :, taking under submission MOTION to Strike[10], hearing off-calendarCourt Reporter: none. (dmjr, ) (Entered: 02/02/2006)
02/02/2006 47 OBJECTIONS TO EVIDENCE PRESENTED IN SUPPORT OF Motion to Strike Counterclaim [10] filed by defendant Capella University. (mu, ) (Entered: 02/06/2006)
02/06/2006 48 MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter :, denying MOTION to Strike[10] Court Reporter: none. (dmjr, ) (Entered: 02/07/2006)
03/01/2006 49 NOTICE OF APPEAL to 9th CCA filed by plaintiff "". Appeal of In Chambers Order 48 Filed On: 02/06/06; Entered On: 02/07/06. Filing fee $255, Paid, receipt number 10809. cc: Russell J. Thomas, Thomas and Associates; H. Christian L'Orange. (cbr, ) (Entered: 03/06/2006)
03/01/2006   Civil Appeals Docketing Statement received from plaintiff "" forwarded to 9th CCA. RE: Appeal to Circuit Court 49. (cbr, ) (Entered: 03/06/2006)
03/07/2006   Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court 49. (cbr, ) (Entered: 03/07/2006)
03/22/2006 50 NOTIFICATION by Circuit Court of Appellate Docket Number 06-55314, 9th CCA regarding Appeal to Circuit Court, 49 filed by "". (cbr, ) (Entered: 03/22/2006)
03/22/2006 51 ORDER from 9th CCA filed as to Appeal to Circuit Court, 49 filed by "", CCA # 06-55314. Order received in this district on 03/24/06. The district court's order challenged in this appeal did not dispose of the action as to all claims and all parites. Within 21 days after the filing date of this order, appellant shall move for voluntary dismissal of this appeal or show cause why it should not be dismissed for lack or jurisdiction. Briefing is suspended pending futher [sic] order of the court. (cbr, ) (Entered: 03/27/2006)
06/22/2006 52 PROOF OF SERVICE filed by defendant Capella University,letter was served on 6/21/6. (dmjr, ) (Entered: 06/28/2006)
06/29/2006 53 ORDER from 9th CCA filed as to Appeal to Circuit Court, 49 filed by "", CCA # 06-55314. Order received in this district on 07/03/06. Based on the circumstances cited, appellants motion for an extension of time in which to file the opening brief is granted. Brief schedule set. (cbr, ) (Entered: 07/08/2006)
09/01/2006 54 ORDER from 9th CCA filed as to Appeal Number Info from USCA (A-8) 50, Appeal to Circuit Court, 49 filed by ""; CCA # 06-55314. Order received in this district on 9/06/06. Appellee's motion for an extension of time in which to file the answering brief is granted. The brief schedule is set. Further delay in filing the answering brief is disfavored. Court reocrds do not currently reflect that the district court has issued the certificate of record. Appellant shall monitor the issuance of the certificate. (lr, ) (Entered: 09/08/2006)
10/27/2006 56 ORDER from 9th CCA filed as to Appeal to Circuit Court, 49 filed by "", CCA # 06-55314. Order received in this district on 10/30/06. Appellants unopposed motion for 14-day extension of time to file reply brief is granted. Reply brief is due November 13, 2006. (cbr, ) (Entered: 11/07/2006)
11/06/2006 55 MINUTES OF IN CHAMBERS ORDER byJudge David O. Carter: PLEASE TAKE NOTICE that the Final Pretrial Conference, in the above-entitled action, presently set November 13, 2006 at 8:30 a.m., is CONTINUED to November 20, 2006 at 8:30 a.m. Court Reporter: None Present. (kh, ) (Entered: 11/06/2006)
11/17/2006 58 MEMORANDUM OF POINTS and Authorities RE Stay and Proposed Scheduling Order; filed by defendant and counterclaimant Capella University. (rla, ) (Entered: 12/02/2006)
11/20/2006 57 MINUTES OF Final Pretrial Conference held before Judge David O. Carter : pretrial conference not held, Set Deadlines/Hearings: Discovery cut-off 6/1/2007. Motions due by 7/15/2007. Final Pretrial Conference set for 8/13/2007 08:30 AM before Judge David O. Carter. Jury Trial set for 8/27/2007 08:30 AM before Judge David O. Carter.Court Reporter: D Gale. (dmjr, ) (Entered: 11/28/2006)
12/19/2006 59 RECORD ON APPEAL sent to Circuit Court re: Appeal number, 06-55314 Record consists of 2 volumes re Appeal to Circuit Court, 49 (dmap, ) (Entered: 12/19/2006)
12/19/2006   Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals; re: Appeal to Circuit Court, 49 (lr, ) (Entered: 12/19/2006)
02/08/2007 60 NOTICE of Change of Address by Russell J Thomas, Jr attorney for Counter Defendant "", Plaintiff "", changing address to 2172 Dupont Drive, Suite 203, Irvine, CA 92612. Filed by plaintiff attorney (dmjr, ) (Entered: 02/14/2007)
02/22/2007 61 ORDER OF THE CHIEF JUDGE (#07-26) approved by Judge Alicemarie H. Stotler. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR1 of Judge Phillip S Gutierrez, this case is transfered from Judge David O. Carter to the calendar of Judge Philip S. Gutierrez for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV05-642PSG(MLGx).(csb, ) (Entered: 03/05/2007)
3/09/2007 62 MINUTES OF PROCEEDINGS IN CHAMBERS ORDER held. This action has been reassigned to the Honorable Philip S. Gutierrez, U.S. District Judge. Please substitute the initials PSG in place of the initials DOC. The case number will now read: SACV 06-0642-PSG(MLgx). Jury Trial set for 8/28/2007 09:00 AM. Pretrial Conference set for 8/13/2007 02:30 PM. Court Reporter: not reported. (pbap, ) (Entered: 03/12/2007)
05/03/2007 63 STIPULATED PROTECTIVE ORDER by Judge Marc L. Goldman (dmjr, ) (Entered: 05/03/2007)
05/24/2007 65 STIPULATION to Continue the Trial Date and Related Dates filed by plaintiff "", defendant Capella University . Lodged Proposed Order. (ad) Modified on 6/13/2007 (ad, ). (Entered: 06/13/2007)
05/24/2007   FAX number for Attorney H Christian L'Orange is 415-591-7510. (ad) (Entered: 06/13/2007)
05/24/2007 66 DECLARATION of H Christian L'Orange in support of Stipulation to Continue[65] filed by Defendant Capella University. (ad) (Entered: 06/13/2007)
05/24/2007 67 CERTIFICATE OF SERVICE filed by defendant Capella University, re Declaration of H Christian L'Orange [66], Stipulation to Continue[65], Proposed Order served on 5/24/07. (ad) (Entered: 06/13/2007)
05/25/2007 64 DENIED ORDER by Judge Philip S. Gutierrez, GRANTING STIPULATION TO CONTINUE THE TRIAL DATE AND RELATED DATES.(yc, ) (Entered: 05/29/2007)
06/08/2007 69 APPLICATION for Ex Parte Order Continuing Discovery Cut-Off and Trial Date filed by plaintiff, counter defendant "". Lodged Proposed Order. (ad) (Entered: 06/26/2007)
06/08/2007 70 MEMORANDUM OF POINTS AND AUTHORITIES in Support of APPLICATION for Ex Parte Order Continuing Discovery Cut-Off and Trial Date[69] filed by Counter Defendant, Plaintiff "". (ad) (Entered: 06/26/2007)
06/08/2007 71 DECLARATION of Russell J Thomas Jr in support of APPLICATION for Ex Parte Order Continuing Discovery Cut-Off and Trial Date[69] filed by Counter Defendant, Plaintiff "". (ad) (Entered: 06/26/2007)
06/13/2007 68 ORDER by Judge Philip S. Gutierrez: denying application of plaintiff for ex parte order continuing discovery cut-off date and trial date.(ib) (Entered: 06/22/2007)
06/26/2007 72 CONSENT TO PROCEED before Magistrate Judge, ALL PARTIES having consented in accordance with Title 28 Section 636(c) and F.R.CIV.P. 73(b) filed by all parties all parties., signed by Judge Philip S. Gutierrez. Case reassigned to Magistrate Judge Marc L. Goldman for final disposition. Any appeal shall be taken before the 9th Circuit Court of Appeals. (tami) (Entered: 06/26/2007)
06/26/2007 73 NOTICE TO COUNSEL: ALL PARTIES having consented to proceed before a United States Magistrate Judge this (tami) (Entered: 06/26/2007)
06/26/2007 74 MINUTES OF IN CHAMBERS ORDER held before Judge Philip S. Gutierrez : The Final Pretial Conference set for 8/13/2007, and Jury tRial date set for 8/28/2007 are hereby VACATED.(yc) (Entered: 06/28/2007)
07/05/2007 76 MINUTES OF IN TELEPHONE CONFERENCE held before Judge Marc L. Goldman : order granting defendant to websites, order granting defendant's request to compel production of medical records and to compel a Rule 35 examination(dmjr) Modified on 7/10/2007 (dmjr, ). (Entered: 07/10/2007)
07/05/2007 77 SCHEDULING ORDER by Judge Marc L. Goldman, Set/Reset Deadlines/Hearings:Discovery cut-off 10/1/2007.,Motions due by 9/15/2007.,Bench Trial set for 10/22/2007 09:00 AM before Magistrate Judge Marc L. Goldman., Final Pretrial Conference set for 10/12/2007 10:00 AM before Magistrate Judge Marc L. Goldman.(dmjr) (Entered: 07/10/2007)
07/10/2007 78 MINUTES OF IN CHAMBERS ORDER held before Judge Marc L. Goldman: amendment re: Scheduling Order,, Set Deadlines/Hearings, 77. The references to the clerk's office in Riverside,CA are erroneous and should be ignored(dmjr) (Entered: 07/11/2007)
08/15/2007 79 NOTICE OF DISCREPANCY AND ORDER: by Judge Marc L. Goldman, ORDERING letter submitted by Plaintiff "" received on 8/14/7 is not to be filed but instead rejected. Denial based on: no letters.(dmjr) (Entered: 08/16/2007)
08/17/2007 80 NOTICE OF DISCREPANCY AND ORDER: by Judge Marc L. Goldman, ORDERING response submitted by Plaintiff "" received on 8/16/7 is not to be filed but instead rejected. Denial based on: no copy for judge.(dmjr) (Entered: 08/20/2007)
08/21/2007 81 EX PARTE APPLICATION for Order for compelling compliance with Rule 35 examination, or EX PARTE APPLICATION for Order to Show Cause re contempt, or EX PARTE APPLICATION to Shorten Time for Hearing filed by defendant Capella University.(dmjr) (Entered: 08/24/2007)
08/21/2007 82 EX PARTE APPLICATION to Shorten Time for Hearing on motion for order to show cause filed by defendant Capella University.(dmjr) (Entered: 08/24/2007)
08/21/2007 83 EX PARTE APPLICATION for Temporary Restraining Order, EX PARTE APPLICATION for Order to Show Cause filed by defendant Capella University. Lodged order, TRO.(dmjr) (Entered: 08/24/2007)
08/21/2007 86 DECLARATION of S. Fey Epling In SUPPORT of EX PARTE APPLICATION for Order for compelling compliance with Rule 35 examination EX PARTE APPLICATION for Order to Show Cause EX PARTE APPLICATION to Shorten Time for Hearing[81] filed by Defendant Capella University. (lga) (Entered: 08/31/2007)
08/21/2007 87 DECLARATION of H. Chris L'orange in SUPPORT of EX PARTE APPLICATION for Temporary Restraining Order EX PARTE APPLICATION for Order to Show Cause[83] filed by Defendant Capella University. (lga) (Entered: 08/31/2007)
08/21/2007 88 DECLARATION of H. Christian L'Orange in support of Defendant's Notice of Motion and Motion for Order to Show Cause re: Contempt of Court Order filed by Defendant Capella University. (vm) (Entered: 08/31/2007)
08/21/2007 92 MEMORANDUM of Points and Authorities in Support EX PARTE APPLICATION for Temporary Restraining Order EX PARTE APPLICATION for Order to Show Cause Re Preliminary Injunction[83] filed by Defendant Capella University. (mgra) (Entered: 08/31/2007)
08/21/2007 93 NOTICE OF PROPOSED MOTION AND PROPOSED MOTION for Preliminary Injunction filed by defendant Capella University. (esa) (Entered: 09/04/2007)
08/21/2007 94 CERTIFICATE OF SUPPORT of EX PARTE APPLICATION to Shorten Time for Hearing[82] filed by Defendant Capella University. (esa) (Entered: 09/04/2007)
08/21/2007 96 DECLARATION of H Chris L'Orange in support of MOTION for Preliminary Injunction[93] filed by Defendant Capella University. (sm) (Entered: 09/07/2007)
08/21/2007 97 MEMORANDUM in Support of MOTION for Preliminary Injunction[93] filed by Defendant Capella University. (sm) (Entered: 09/07/2007)
08/22/2007 85 MINUTES OF IN CHAMBERS ORDER held before Judge Marc L. Goldman : granting EX PARTE APPLICATION to Shorten Time for Hearing[82]. Motion to compel compliace with Rule 35 medical examination. Telephone confernece will be held on 8/23/07 10am(dmjr) (Entered: 08/24/2007)
08/22/2007 89 DECLARATION of Russell J. Thomas, Jr. in support of EX PARTE APPLICATION for Order for compelling compliance with Rule 35 examination EX PARTE APPLICATION for Order to Show Cause EX PARTE APPLICATION to Shorten Time for Hearing[81], EX PARTE APPLICATION for Temporary Restraining Order EX PARTE APPLICATION for Order to Show Cause[83], EX PARTE APPLICATION to Shorten Time for Hearing[82] filed by Counter Defendant "", Plaintiff "". (mgra) (Entered: 08/31/2007)
08/22/2007 90 OPPOSITION OF PLAINTIFF TO DEFENDANT'S EX PARTE MOTION FOR ORDER: (1) COMPELLING PLAINTIFF TO COMPLY WITH ORDER: RE: RULE 35 EXAMINATION; OR (2) TO SHOW CAUSE RE: CONTEMPT OF COURT ORDER; OR, (3) IN THE ALTERNATIVE FOR ORDER SHORTENING TIME re EX PARTE APPLICATION for Order for compelling compliance with Rule 35 examination EX PARTE APPLICATION for Order to Show Cause EX PARTE APPLICATION to Shorten Time for Hearing[81], EX PARTE APPLICATION for Temporary Restraining Order EX PARTE APPLICATION for Order to Show Cause[83], EX PARTE APPLICATION to Shorten Time for Hearing[82] filed by Counter Defendant "", Plaintiff "". (mgra) (Entered: 08/31/2007)
08/22/2007 91 DECLARATION of "" in support of EX PARTE APPLICATION for Order for compelling compliance with Rule 35 examination EX PARTE APPLICATION for Order to Show Cause EX PARTE APPLICATION to Shorten Time for Hearing[81], EX PARTE APPLICATION for Temporary Restraining Order EX PARTE APPLICATION for Order to Show Cause[83], EX PARTE APPLICATION to Shorten Time for Hearing[82] filed by Counter Defendant "", Plaintiff "". (mgra) (Entered: 08/31/2007)
08/22/2007 95 RESPONSE TO DEFENDANT'S LETTER DATED AUGUST 13, 2007 filed by Counter Defendant "", Plaintiff "" (lga) (Entered: 09/07/2007)
08/22/2007 98 NOTICE of Errata RE: Evidence in Support of Exparte Application for Temporary Restraining Order to Show Cause re Preliminary Injunction filed by defendant Capella University. (vm) (Entered: 09/12/2007)
08/23/2007 84 MINUTES OF IN TELEPHONE CONFERENCE held before Judge Marc L. Goldman : Granting EX PARTE APPLICATION for Order for compelling compliance with Rule 35 examination [81],Plaintiff shall atend the examination set for 8/24/07(dmjr) Modified on 8/24/2007 (dmjr, ). (Entered: 08/24/2007)
09/06/2007 99 MEMORANDUM OF PLAINTIFF IN OPPOSITION TO MOTION for Preliminary Injunction [93] filed by Counter Defendant "", Plaintiff "". (te) (Entered: 09/17/2007)
09/06/2007 100 DECLARATION OF "" IN OPPOSITION TO MOTION for Preliminary Injunction [93] filed by Counter Defendant "", Plaintiff "". (te) (Entered: 09/17/2007)
09/06/2007 101 EXHIBIT in support of plaintiffs opposition to defendants MOTION for Preliminary Injunction[93] filed by Plaintiff and Counter-Defendant "". (csb) (Entered: 09/21/2007)
09/11/2007 113 ADDENDUM to MOTION for Preliminary Injunction [93] filed by Defendant Capella University. (ad) (Entered: 09/26/2007)
09/18/2007 126 MEMORANDUM OF POINTS AND AUTHORITIES in Opposition to Defendant's Motion to compel dated 9/10/07 filed by Counter Defendant, Plaintiff "". (ad) (Entered: 10/05/2007)
09/18/2007 102 DEFENDANT'S NOTICE OF MOTION AND MOTION IN LIMINE NO. 1 TO EXCLUDE EVIDENCE CRITICIZING ANY VERSION OF WEBCT OTHER THAN WEBCT VISTA 2.2 filed by Defendant Capella University. Motion set for hearing on 10/12/2007 at 10:00 AM before Magistrate Judge Marc L. Goldman. (te) (Entered: 09/25/2007)
09/21/2007 103 DEFENDANT'S NOTICE OF MOTION AND MOTION IN LIMINE NO. 2 TO EXCLUDE ANY AND ALL EVIDENCE UNLESS IT IS AUTHENTICATED AND A PROPER FOUNDATION IS LAID filed by Defendant Capella University. Motion set for hearing on 10/12/2007 at 10:00 AM before Magistrate Judge Marc L. Goldman.(te) (Entered: 09/25/2007)
09/21/2007 104 DEFENDANT'S NOTICE OF MOTION AND MOTION IN LIMINE NO. 3 TO PERMIT CAPELLA TO INTRODUCE THE OCR REPORTS AS EVIDENCE filed by Defendant Capella University. Motion set for hearing on 10/12/2007 at 10:00 AM before Magistrate Judge Marc L. Goldman. (te) (Entered: 09/25/2007)
09/21/2007 105 DEFENDANT'S NOTICE OF MOTION AND MOTION IN LIMINE NO. 4 TO EXCLUDE EVIDENCE OF ANY ALLEGED VIOLATION OF THE LEONARD LAW filed by Defendant Capella University. Motion set for hearing on 10/12/2007 at 10:00 AM before Magistrate Judge Marc L. Goldman.(te) (Entered: 09/25/2007)
09/21/2007 106 DEFENDANT'S NOTICE OF MOTION AND MOTION IN LIMINE NO. 5 TO EXCLUDE EVIDENCE RELATING TO PLAINTIFF'S CLAIM THAT GREG THOM IS BEING INVESTIGATED BY THE FPCO filed by Defendant Capella University. Motion set for hearing on 10/12/2007 at 10:00 AM before Magistrate Judge Marc L. Goldman. (te) (Entered: 09/25/2007)
09/21/2007 107 DEFENDANT'S NOTICE OF MOTION AND MOTION IN LIMINE NO. 6 TO EXCLUDE REFERENCES TO OR EVIDENCE OF ALLEGED BAD ACTS OR CORPORATE MALFEASANCE BY THE DEFENDANT filed by Defendant Capella University. Motion set for hearing on 10/12/2007 at 10:00 AM before Magistrate Judge Marc L. Goldman. (te) (Entered: 09/25/2007)
09/21/2007 108 DEFENDANT'S NOTICE OF MOTION AND MOTION IN LIMINE NO. 7 TO EXCLUDE EVIDENCE OF ITS ALLEGED IMPROPER MOTIVE filed by Defendant Capella University. Motion set for hearing on 10/12/2007 at 10:00 AM before Magistrate Judge Marc L. Goldman. (te) (Entered: 09/25/2007)
09/21/2007 109 DEFENDANT'S NOTICE OF MOTION AND MOTION IN LIMINE NO. 8 TO EXCLUDE LAY OPINION TESTIMONY REGARDING MEANING OF "REASONABLE ACCOMMODATIONS" OR "DISABILITY" filed by Defendant Capella University. Motion set for hearing on 10/12/2007 at 10:00 AM before Magistrate Judge Marc L. Goldman. (te) (Entered: 09/25/2007)
09/21/2007 110 DEFENDANT'S NOTICE OF MOTION AND MOTION IN LIMINE NO. 9 TO EXCLUDE EVIDENCE OF OTHER LAWSUITS AND VERDICTS INVOLVING DEFENDANT filed by Defendant Capella University. Motion set for hearing on 10/12/2007 at 10:00 AM before Magistrate Judge Marc L. Goldman. (te) (Entered: 09/25/2007)
09/21/2007 111 DEFENDANT'S NOTICE OF MOTION AND MOTION IN LIMINE NO. 10 TO EXCLUDE EMOTIONAL DISTRESS DAMAGES filed by Defendant Capella University. Motion set for hearing on 10/12/2007 at 10:00 AM before Magistrate Judge Marc L. Goldman. (te) (Entered: 09/25/2007)
09/21/2007 112 DECLARATION OF S. FEY EPLING IN SUPPORT OF MOTION IN LIMINE NO. 10 TO EXCLUDE EMOTIONAL DISTRESS DAMAGES [111] filed by Defendant Capella University. (te) (Entered: 09/25/2007)
09/21/2007 125 PLAINTIFF'S MEMORANDUM OF CONTENTIONS OF FACT AND LAW [L.R. 16-4] filed by Plaintiff and Counter-Defendant "". (te) (Entered: 10/01/2007)
09/25/2007 120 EX PARTE APPLICATION OF PLAINTIFF TO STRIKE DEFENDANT'S MOTIONS IN LIMINE filed by Plaintiff and Counter-Defendant "". (te) (Entered: 09/28/2007)
09/25/2007 121 NOTICE OF EX PARTE APPLICATION OF PLAINTIFF TO STRIKE DEFENDANT'S MOTIONS IN LIMINE Re Ex Parte Application to Strike [120] filed by Counter Defendant "", Plaintiff "". LODGED ORDER. (te) (Entered: 09/28/2007)
09/25/2007 122 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION OF PLAINTIFF TO STRIKE DEFENDANT'S MOTIONS IN LIMINE [120] filed by Counter Defendant "", Plaintiff "". (te) (Entered: 10/01/2007)
09/25/2007 123 DECLARATION OF RUSSELL J. THOMAS, JR. IN SUPPORT OF EX PARTE APPLICATION OF PLAINTIFF TO STRIKE DEFENDANT'S MOTIONS IN LIMINE [120] filed by Counter Defendant "", Plaintiff "". (te) (Entered: 10/01/2007)
09/27/2007 115 MOTION AND/OR APPLICATION to Continue Final Pre-Trial Conference and Trial Date; filed by plaintiff/counter-defendant "". (rla) Modified on 9/28/2007 (rla, ). Modified on 9/28/2007 (rla, ). (Entered: 09/28/2007)
09/27/2007 116 NOTICE OF MOTION and/or Application re MOTION to Continue Final Pre-Trial Conference and Trial Date [115]; filed by Plaintiff "". (rla) (Entered: 09/28/2007)
09/27/2007 117 MEMORANDUM OF POINTS and Authorities in Support of MOTION to Continue Final Pre-Trial Conference and Trial Date [115]; filed by Plaintiff "". (rla) (Entered: 09/28/2007)
09/27/2007 118 DECLARATION of Russell J. Thomas, Jr In Support of MOTION to Continue Final Pre-Trial Conference and Trial Date [115]; filed by Plaintiff "". (rla) (Entered: 09/28/2007)
09/27/2007 119 DENIED BY ORDER of Judge Marc L. Goldman, United States Magistrate Judge: re EX PARTE APPLICATION of Plaintiff to Strike Defendant's Motions In Limine.(rla) (Entered: 09/28/2007)
09/28/2007 114 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Marc L. Goldman ORDERING 1) NOTICE OF PLAINTIFF'S Motion and/or Application to Continue Final Pre-Trial Conference and Trial Date; 2) PLAINTIFF'S MOTION AND/OR Application to Continue Final Pre-Trail Conference and Trial Date; 3) MEMORANDUM OF POINTS and Authorities In Support of; 4) DECLARATION OF RUSSELL J. Thomas, Jr., In Support Of; submitted by Counter Defendant/Plaintiff ""; received on 9/27/07; to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(rla) Modified on 9/28/2007 (rla, ). (Entered: 09/28/2007)
09/28/2007 124 ORDER by Judge Marc L. Goldman: For the reasons discussed below, Defendant's Motion for Preliminary Injunction [93] is DENIED. (See document for details.) Accordingly, IT IS HEREBY ORDERED that Defendant's Motion for Preliminary Injunction is DENIED.(rla) (Entered: 10/01/2007)
10/03/2007 127 MINUTES OF (In Court) Hearing held before Judge Marc L. Goldman. Order Striking Plaintiff's Opposition filed 9/18/07; Order continuing pretrial and trial dates: Trial set for 11/13/2007 08:30 AM before Magistrate Judge Marc L. Goldman. Final Pretrial Conference set for 10/25/2007 09:30 AM before Magistrate Judge Marc L. Goldman. The parties shall cooperate in an effort to make their expert witnesses available for deposition prior to the date of the final pretrial conference.Court Smart: 10/03/07.(rla) (Entered: 10/12/2007)
10/11/2007 128 OBJECTION OF PLAINTIFF to Defendant's Motion in Limine No. 10, Re Motion in Limine No. 10 to exclude emotional distress damages [111]; filed by Plaintiff and Counter-Defendant "". (te) (Entered: 10/15/2007)
10/11/2007 129 DECLARATION OF RUSSELL J. THOMAS, JR. in support of Objection of Plaintiff to Defendant's Motion in Limine No. 10 Re Objection of Plaintiff [128] and Motion in Limine No. 10 to exclude emotional distress damages [111]; filed by Plaintiff and Counter-Defendant "". (te) (Entered: 10/15/2007)
10/11/2007 130 OBJECTION OF PLAINTIFF to Defendant's Motion in Limine No. 3 Re Motion in Limine No. 3 to permit Capella to introduce the OCR reports as evidence [104]; filed by Plaintiff and Counter-Defendant "". (te) (Entered: 10/15/2007)
10/11/2007 131 OBJECTION OF PLAINTIFF to Defendant's Motion in Limine No. 4 Re Motion in Limine No. 4 to exclude evidence of any alleged violation of the Leonard Law [105]; filed by Plaintiff and Counter-Defendant "". (te) (Entered: 10/15/2007)


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