Case docket: Luydmila Starkey v. John M McHugh

Case details

Court:	cand
Docket #:	5:14-cv-02525
Case Name:	Luydmila Starkey v. John M McHugh
PACER case #:	277926
Date filed:	2014-06-02
Date terminated:	2016-02-10
Assigned to:	Magistrate Judge Paul Singh Grewal
Referred to:	Magistrate Judge Donna M. Ryu (Settlement)
Case Cause:	28:451 Employment Discrimination
Nature of Suit:	442 Civil Rights: Jobs
Jury Demand:	Plaintiff
Jurisdiction:	U.S. Government Defendant

Parties

Represented Party

Attorney & Contact Info

Luydmila Starkey
Plaintiff

Mark Warren Epstein
Seiler Epstein Ziegler & Applegate LLP
101 Montgomery Street
27th Floor
San Francisco, CA 94104
415-979-0500
Fax: 415 979-0511
Email: mwe@sezalaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Wendy Ellen Musell
Stewart & Musell, LLP
351 California Street, Suite 700
San Francisco, CA 94104
415-593-0083
Fax: 415-520-0920
Email: wmusell@stewartandmusell.com
ATTORNEY TO BE NOTICED

John M McHugh
Defendant
Secretary, Dept. of Army

Claire T. Cormier
United States Attorney's Office
Northern District of California, San Jose Branch
150 Almaden Boulevard
Suite 900
San Jose, CA 95113
408-535-5082
Fax: 408-535-5081
Email: claire.cormier@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael Thomas Pyle
United States Attorney's Office
150 Almaden Blvd., Suite 900
San Jose, CA 95113
408-535-5087
Fax: 408-535-5081
Email: michael.t.pyle@usdoj.gov
ATTORNEY TO BE NOTICED

Documents

Date Filed	Document #	Attachment #	Short Description	Long Description	Upload date	SHA1 hash
2014-06-02	1	0		COMPLAINT and Demand for Jury Trial against John M McHugh ( Filing fee $ 400, receipt number 0971-8661292.). Filed byLuydmila Starkey. (Attachments: # 1 Civil Cover Sheet with Attachment A)(Musell, Wendy) (Filed on 6/2/2014) (Entered: 06/02/2014)
	1	1	Civil Cover Sheet with Attachment A
2014-06-03	2	0		Case assigned to Magistrate Judge Paul Singh Grewal. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (sv, COURT STAFF) (Filed on 6/3/2014) (Entered: 06/03/2014)
2014-06-03	3	0		Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/30/2014. Case Management Conference set for 10/7/2014 10:00 AM in Courtroom 5, 4th Floor, San Jose. (cv, COURT STAFF) (Filed on 6/3/2014) (Entered: 06/03/2014)
2014-06-04	4	0		* POSTED IN ERROR * SUMMONS Returned Executed by Luydmila Starkey. Luydmila Starkey served on 6/4/2014, answer due 6/25/2014. (Musell, Wendy) (Filed on 6/4/2014) Modified text on 6/19/2014,(selected incorrect event.) (cv, COURT STAFF). (Entered: 06/04/2014)
2014-06-19	5	0		CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge within 14 days of this notice, by 7/3/2014. *This is a text only docket entry, there is no document associated with this notice.* (ofr, COURT STAFF) (Filed on 6/19/2014) (Entered: 06/19/2014)
2014-06-19	6	0		Proposed Summons. (Musell, Wendy) (Filed on 6/19/2014) (Entered: 06/19/2014)
2014-06-19	7	0		Summons Issued as to John M McHugh. (cv, COURT STAFF) (Filed on 6/19/2014) (Entered: 06/19/2014)
2014-07-01	8	0		CERTIFICATE OF SERVICE by Luydmila Starkey Proof of Service of Summons (Musell, Wendy) (Filed on 7/1/2014) (Entered: 07/01/2014)
2014-07-01	9	0		CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Luydmila Starkey.. (Attachments: # 1 Certificate/Proof of Service)(Musell, Wendy) (Filed on 7/1/2014) (Entered: 07/01/2014)
2014-07-30	10	0		STIPULATION re 1 Complaint extending time to respond filed by John M McHugh. (Cormier, Claire) (Filed on 7/30/2014) (Entered: 07/30/2014)
2014-07-31	11	0		CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge within 14 days of this notice, by 8/14/2014. *This is a text only docket entry, there is no document associated with this notice.* (ofr, COURT STAFF) (Filed on 7/31/2014) (Entered: 07/31/2014)
2014-08-05	12	0		CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by John M McHugh.. (Cormier, Claire) (Filed on 8/5/2014) (Entered: 08/05/2014)
2014-08-18	13	0		ANSWER to Complaint byJohn M McHugh. (Cormier, Claire) (Filed on 8/18/2014) (Entered: 08/18/2014)
2014-09-05	14	0		CLERK'S NOTICE CONTINUING OCTOBER 7, 2014 CASE MANAGEMENT CONFERENCE: Due to the court's unavailability, the 10/7/2014 Case Management Conference is continued to 10/8/2014 at 10:00 AM (SPECIAL SET) in Courtroom 5, 4th Floor, San Jose. Case Management Statement due by 10/1/2014. *This is a text only docket entry, there is no document associated with this notice.* (ofr, COURT STAFF) (Filed on 9/5/2014) (Entered: 09/05/2014)
2014-09-15	15	0		STIPULATION and Proposed Order selecting Mediation by John M McHugh filed by John M McHugh. (Cormier, Claire) (Filed on 9/15/2014) (Entered: 09/15/2014)
2014-09-16	16	0		ORDER GRANTING STIPULATION REFERRING CASE TO MEDIATION by Judge Paul S. Grewal granting 15 (psglc2, COURT STAFF) (Filed on 9/16/2014) (Entered: 09/16/2014)
2014-09-26	17	0		JOINT CASE MANAGEMENT STATEMENT filed by John M McHugh. (Cormier, Claire) (Filed on 9/26/2014) (Entered: 09/26/2014)
2014-10-08	18	0		Minute Entry: Case Management Conference held on 10/8/2014 before Magistrate Judge Paul S. Grewal: Jury Trial set for 1/11/2016 at 9:30 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Case management scheduling order to be issued. (Court Reporter FTR: (10:04 to 10:08) (ofr, COURT STAFF) (Date Filed: 10/8/2014) (Entered: 10/08/2014)
2014-10-30	19	0		CASE SCHEDULING ORDER re 17 Signed by Judge Paul S. Grewal on October 30, 2014 (psglc2, COURT STAFF) (Filed on 10/30/2014) (Entered: 10/30/2014)
2014-11-04	20	0		ADR Clerk's Notice Appointing Linda McPharlin as Mediator. (af, COURT STAFF) (Filed on 11/4/2014) (Entered: 11/04/2014)
2014-11-25	21	0		STIPULATION WITH PROPOSED ORDER extending mediation deadline filed by John M McHugh. (Cormier, Claire) (Filed on 11/25/2014) (Entered: 11/25/2014)
2014-11-25	22	0		ORDER GRANTING STIPULATION EXTENDING DEADLINE FOR MEDIATION by Magistrate Judge Paul Singh Grewal granting 21 (psglc2, COURT STAFF) (Filed on 11/25/2014) (Entered: 11/25/2014)
2014-12-31	23	0		NOTICE by Luydmila Starkey of Unavailability of Counsel (Musell, Wendy) (Filed on 12/31/2014) (Entered: 12/31/2014)
2015-02-13	24	0		STIPULATION WITH PROPOSED ORDER EXTENDING DEADLINE FOR MEDIATION AND MODIFYING PRETRIAL SCHEDULE filed by John M McHugh. (Cormier, Claire) (Filed on 2/13/2015) (Entered: 02/13/2015)
2015-02-13	25	0		ORDER GRANTING SECOND STIPULATION EXTENDING DEADLINE FOR MEDIATION AND MODIFYING PRETRIAL SCHEDULE by Magistrate Judge Paul Singh Grewal granting 24 (psglc2, COURT STAFF) (Filed on 2/13/2015) (Entered: 02/13/2015)
2015-03-03	26	0		NOTICE by Luydmila Starkey of Unavailability of Counsel (Musell, Wendy) (Filed on 3/3/2015) (Entered: 03/03/2015)
2015-06-01	27	0		STIPULATION WITH PROPOSED ORDER (protective order) filed by John M McHugh. (Cormier, Claire) (Filed on 6/1/2015) (Entered: 06/01/2015)
2015-06-01	28	0		ORDER GRANTING STIPULATED PROTECTIVE ORDER by Magistrate Judge Paul Singh Grewal granting 27 (psglc2, COURT STAFF) (Filed on 6/1/2015) (Entered: 06/01/2015)
2015-06-25	29	0		STIPULATION WITH PROPOSED ORDER EXTENDING DEADLINE FOR MEDIATION AND MODIFYING PRETRIAL SCHEDULE filed by John M McHugh. (Cormier, Claire) (Filed on 6/25/2015) (Entered: 06/25/2015)
2015-06-26	30	0		ORDER GRANTING STIPULATION EXTENDING MEDIATION DEADLINE AND MODIFYING PRETRIAL SCHEDULE by Judge Paul S. Grewal granting 29 (psglc2, COURT STAFF) (Filed on 6/26/2015) (Entered: 06/26/2015)
2015-07-20	31	0		CERTIFICATION OF MEDIATION Session 7/15/2015, case not settled. Further discussions may occur, mediator will check in with the parties by 8/15/2015, mediation complete. By Mediator, Linda McPharlin, dated 7/15/2015. (af, COURT STAFF) (Filed on 7/20/2015) (Entered: 07/20/2015)
2015-07-31	32	0		MOTION to Compel filed by John M McHugh. Motion Hearing set for 9/8/2015 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 8/14/2015. Replies due by 8/21/2015. (Attachments: # 1 Declaration of Claire T. Cormier, # 2 Exhibit A and B)(Cormier, Claire) (Filed on 7/31/2015) (Entered: 07/31/2015)
2015-07-31	33	0		MOTION for Summary Judgment filed by John M McHugh. Motion Hearing set for 9/8/2015 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 8/14/2015. Replies due by 8/21/2015. (Attachments: # 1 Declaration of Claire T. Cormier, # 2 Exhibit A, # 3 Exhibit B through G, # 4 Exhibit 2 through 4, # 5 Exhibit 6, part 1, # 6 Exhibit 6, part 2, # 7 Exhibit 7 through 12, # 8 Exhibit 13 through 21, # 9 Exhibit 22 through 70, # 10 Declaration of John Chaffee, # 11 Exhibit A through F, # 12 Declaration of Mary Hostetler, # 13 Exhibit A through B, # 14 Declaration of Jennifer Amorin, # 15 Signature Page (Declarations/Stipulations) of Jennifer Amorin, # 16 Exhibit A through I, # 17 Exhibit J through K, # 18 Declaration of Stephen Krueger, # 19 Exhibit A through E, # 20 Declaration of Nevada Lord, # 21 Exhibit A through D)(Cormier, Claire) (Filed on 7/31/2015) (Entered: 07/31/2015)
2015-07-31	34	0		MOTION to Compel filed by Luydmila Starkey. Motion Hearing set for 9/8/2015 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 8/14/2015. Replies due by 8/21/2015. (Musell, Wendy) (Filed on 7/31/2015) (Entered: 07/31/2015)
2015-07-31	35	0		Declaration of Wendy Musell regarding ( 34 ) filed by Luydmila Starkey. Motion Hearing set for 9/8/2015 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 8/14/2015. Replies due by 8/21/2015. (Musell, Wendy) (Filed on 7/31/2015) Modified on 8/4/2015 (srmS, COURT STAFF). (Entered: 07/31/2015)
2015-07-31	36	0		EXHIBITS re 34 MOTION to Compel Exhibits A and B filed byLuydmila Starkey. (Related document(s) 34 ) (Musell, Wendy) (Filed on 7/31/2015) (Entered: 07/31/2015)
2015-07-31	37	0		EXHIBITS re 34 MOTION to Compel Exhibit C filed byLuydmila Starkey. (Related document(s) 34 ) (Musell, Wendy) (Filed on 7/31/2015) (Entered: 07/31/2015)
2015-07-31	38	0		EXHIBITS re 34 MOTION to Compel Exhibits D through F filed byLuydmila Starkey. (Related document(s) 34 ) (Musell, Wendy) (Filed on 7/31/2015) (Entered: 07/31/2015)
2015-07-31	39	0		Proposed Order re 34 MOTION to Compel Proposed Order by Luydmila Starkey. (Musell, Wendy) (Filed on 7/31/2015) (Entered: 07/31/2015)
2015-07-31	40	0		Administrative Motion to File Under Seal filed by Luydmila Starkey. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Exhibit)(Musell, Wendy) (Filed on 7/31/2015) (Entered: 07/31/2015)
2015-08-06	41	0		NOTICE of Appearance by Mark Warren Epstein as lead counsel for plaintiff (Epstein, Mark) (Filed on 8/6/2015) (Entered: 08/06/2015)
2015-08-12	42	0		Declaration of Wendy Musell in Support of 38 Exhibits E and F filed byLuydmila Starkey. (Related document(s) 38 ) (Musell, Wendy) (Filed on 8/12/2015) (Entered: 08/12/2015)
2015-08-14	43	0		Administrative Motion to File Under Seal Documents Produced to Plaintiff and Identified By Defendant as Confidential and Subject to Protective Order filed by Luydmila Starkey. (Musell, Wendy) (Filed on 8/14/2015) Modified on 8/14/2015 (cvS, COURT STAFF). (Entered: 08/14/2015)
2015-08-14	44	0		Declaration of Wendy Musell in Support of 43 Administrative Motion to File Under Seal filed byLuydmila Starkey. (Related document(s) 43 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	45	0		Proposed Order re 43 Administrative Motion to File Under Seal Documents Produced to Plaintiff and Identified By Defendant as Confidential and Subject to Protective Order by Luydmila Starkey. (Musell, Wendy) (Filed on 8/14/2015) Modified on 8/14/2015 (cvS, COURT STAFF). (Entered: 08/14/2015)
2015-08-14	46	0		EXHIBIT C Confidential and Subject to Protective Order filed by Luydmila Starkey. (Musell, Wendy) (Filed on 8/14/2015) Modified on 8/14/2015,(counsel selected incorrect event) (cvS, COURT STAFF). Modified on 8/14/2015 (cvS, COURT STAFF). (Entered: 08/14/2015)
2015-08-14	47	0		RESPONSE (re 32 MOTION to Compel ) filed byLuydmila Starkey. (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	48	0		Declaration of Wendy Musell in Support of 47 Opposition/Response to Motion filed byLuydmila Starkey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 47 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	49	0		RESPONSE (re 33 MOTION for Summary Judgment ) Evidentiary Objections filed byLuydmila Starkey. (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	50	0		MOTION for Extension of Time to Complete Discovery filed by Luydmila Starkey. (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	51	0		Declaration of Mark Epstein ISO Plaintiff's Mtn Re FRCP 56(d) filed byLuydmila Starkey. (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	52	0		Proposed Order re 50 MOTION for Extension of Time to Complete Discovery by Luydmila Starkey. (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	53	0		RESPONSE (re 34 MOTION to Compel ) filed byJohn M McHugh. (Attachments: # 1 Declaration of Claire T. Cormier, # 2 Exhibit A to Cormier Declaration)(Cormier, Claire) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	54	0		RESPONSE (re 33 MOTION for Summary Judgment ) filed byLuydmila Starkey. (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	55	0		DECLARATION of Mark Epstein in Opposition to 54 Opposition/Response to Motion For Summary Judgment filed byLuydmila Starkey. (Related document(s) 54 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	56	0		EXHIBITS re 55 Declaration in Opposition Ex. A Part 1 filed byLuydmila Starkey. (Related document(s) 55 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	57	0		EXHIBITS re 55 Declaration in Opposition Ex. A Part 2 filed byLuydmila Starkey. (Related document(s) 55 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	58	0		EXHIBITS re 55 Declaration in Opposition Exhibit A Part 3 filed byLuydmila Starkey. (Related document(s) 55 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	59	0		EXHIBITS re 55 Declaration in Opposition Ex. A Part 4 filed byLuydmila Starkey. (Related document(s) 55 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	60	0		EXHIBITS re 55 Declaration in Opposition Ex. B filed byLuydmila Starkey. (Related document(s) 55 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	61	0		EXHIBITS re 55 Declaration in Opposition Ex. C filed byLuydmila Starkey. (Related document(s) 55 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	62	0		EXHIBITS re 55 Declaration in Opposition Ex. D filed byLuydmila Starkey. (Related document(s) 55 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	63	0		EXHIBITS re 55 Declaration in Opposition Ex. E Part 1 filed byLuydmila Starkey. (Related document(s) 55 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	64	0		EXHIBITS re 55 Declaration in Opposition Ex. E part 2 filed byLuydmila Starkey. (Related document(s) 55 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	65	0		EXHIBITS re 55 Declaration in Opposition Ex. E Part 3 filed byLuydmila Starkey. (Related document(s) 55 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	66	0		EXHIBITS re 55 Declaration in Opposition Ex. F filed byLuydmila Starkey. (Related document(s) 55 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	67	0		DECLARATION of Luydmila Starkey in Opposition to 54 Opposition/Response to Motion filed byLuydmila Starkey. (Related document(s) 54 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	68	0		EXHIBITS re 67 Declaration in Opposition Ex. A filed byLuydmila Starkey. (Related document(s) 67 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	69	0		EXHIBITS re 67 Declaration in Opposition Ex. B filed byLuydmila Starkey. (Related document(s) 67 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	70	0		EXHIBITS re 67 Declaration in Opposition Ex. C filed byLuydmila Starkey. (Related document(s) 67 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	71	0		EXHIBITS re 67 Declaration in Opposition Exs. D- I filed byLuydmila Starkey. (Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibit H, # 5 Exhibit I)(Related document(s) 67 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	72	0		DECLARATION of Larry Starkey in Opposition to 54 Opposition/Response to Motion filed byLuydmila Starkey. (Related document(s) 54 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	73	0		DECLARATION of Mark Chitwood in Opposition to 54 Opposition/Response to Motion filed byLuydmila Starkey. (Related document(s) 54 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	74	0		DECLARATION of Sarah McIntyre in Opposition to 54 Opposition/Response to Motion filed byLuydmila Starkey. (Related document(s) 54 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	75	0		DECLARATION of Dr. Martinelli- part 1 in Opposition to 54 Opposition/Response to Motion filed byLuydmila Starkey. (Related document(s) 54 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	76	0		EXHIBITS re 75 Declaration in Opposition Dr. Martinelli- Part 2 filed byLuydmila Starkey. (Related document(s) 75 ) (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-14	77	0		Proposed Order re 54 Opposition/Response to Motion by Luydmila Starkey. (Musell, Wendy) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-08-21	78	0		Reply in Support of 34 MOTION to Compel filed by Luydmila Starkey. (Related document(s) 34 ) (Musell, Wendy) (Filed on 8/21/2015) Modified text on 8/24/2015 (dhmS, COURT STAFF). (Entered: 08/21/2015)
2015-08-21	79	0		Declaration of Wendy Musell in Support of 78 Brief filed byLuydmila Starkey. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 78 ) (Musell, Wendy) (Filed on 8/21/2015) (Entered: 08/21/2015)
2015-08-21	80	0		REPLY (re 32 MOTION to Compel ) filed byJohn M McHugh. (Attachments: # 1 Declaration of Claire T. Cormier, # 2 Exhibit 89, # 3 Declaration of Peter James)(Cormier, Claire) (Filed on 8/21/2015) (Entered: 08/21/2015)
2015-08-21	81	0		OPPOSITION to ( 50 MOTION for Extension of Time to Complete Discovery ) filed by John M McHugh. (Attachments: # 1 Declaration of Claire T. Cormier)(Cormier, Claire) (Filed on 8/21/2015) Modified text on 8/24/2015 (dhmS, COURT STAFF). (Entered: 08/21/2015)
2015-08-21	82	0		REPLY (re 33 MOTION for Summary Judgment ) filed byJohn M McHugh. (Attachments: # 1 Declaration of Claire T Cormier (Supplemental), # 2 Exhibit to Cormier Decl., # 3 Declaration of Jennifer Amorin (Supplemental), # 4 Exhibit L through Q (to Supp. Amorin Decl.), # 5 Declaration of John Chaffee (Supplemental), # 6 Declaration of Stephen Krueger (Supplemental), # 7 Exhibit A (to Supp. Krueger Decl), # 8 Declaration of Byron Tatsch, # 9 Exhibit A through C (to Tatsch Decl), # 10 Declaration of Michael Halperin, # 11 Exhibit A and B (to Halperin Decl.))(Cormier, Claire) (Filed on 8/21/2015) (Entered: 08/21/2015)
2015-08-21	83	0		Proposed Order re 33 MOTION for Summary Judgment by John M McHugh. (Cormier, Claire) (Filed on 8/21/2015) (Entered: 08/21/2015)
2015-09-01	84	0		DECLARATION of Mark Epstein in Opposition to 55 Declaration in Opposition Ex. A filed byLuydmila Starkey. (Related document(s) 55 ) (Musell, Wendy) (Filed on 9/1/2015) (Entered: 09/01/2015)
2015-09-01	85	0		EXHIBITS re 84 Declaration in Opposition Ex. B-E filed byLuydmila Starkey. (Related document(s) 84 ) (Musell, Wendy) (Filed on 9/1/2015) (Entered: 09/01/2015)
2015-09-09	86	0		ORDER DENYING 43 ADMINISTRATIVE MOTION TO FILE UNDER SEAL entered by Magistrate Judge Paul Singh Grewal. (This is a text-only entry generated by the court. There is no document associated with this entry.) Modified on 9/9/2015 (Grewal, Paul). No timely declaration supporting the sealing of these documents was filed. (Entered: 09/09/2015)
2015-09-09	87	0		ORDER DENYING 40 ADMINISTRATIVE MOTION TO FILE UNDER SEAL entered by Magistrate Judge Paul Singh Grewal. No timely declaration supporting the sealing of these documents was filed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 09/09/2015)
2015-09-09	88	0		ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT by Judge Paul S. Grewal denying 33 ; denying 50 (psglc2, COURT STAFF) (Filed on 9/9/2015) (Entered: 09/09/2015)
2015-09-08	89	0		Minute Entry for proceedings held before Magistrate Judge Paul Singh Grewal: Motion Hearing held on 9/8/2015 re 32 MOTION to Compel filed by John M McHugh, 34 MOTION to Compel filed by Luydmila Starkey and 33 MOTION for Summary Judgment filed by John M McHugh. The court takes Defendant's Motion for Summary Judgment under submission; the court will issue a written order. Plaintiff's Motion to Compel is denied. Defendant's Motion to Compel is granted-in-part. The court issues ruling from the bench. Court Reporter: Lee-Anne Shortridge. Time in Court: (11:06 to 11:53). Plaintiff Attorney(s) present: Mark Epstein and Wendy Musell. Defendant Attorney(s) present: Claire Cormier. This is a text only Minute Entry. (ofr, COURT STAFF) (Date Filed: 9/8/2015) (Entered: 09/10/2015)
2015-09-14	90	0		TRANSCRIPT ORDER by John M McHugh for Court Reporter Lee-Anne Shortridge. (Cormier, Claire) (Filed on 9/14/2015) (Entered: 09/14/2015)
2015-09-22	91	0		RESPONSE to re 87 Order on Administrative Motion to File Under Seal, by Luydmila Starkey. (Attachments: # 1 Exhibit)(Musell, Wendy) (Filed on 9/22/2015) (Entered: 09/22/2015)
2015-09-30	92	0		NOTICE of Appearance by Michael Thomas Pyle NOTICE OF APPEARANCE OF ADDITIONAL COUNSEL FOR DEFENDANT (Pyle, Michael) (Filed on 9/30/2015) (Entered: 09/30/2015)
2015-10-09	93	0		MOTION to Shorten Time and Cormier Declaration filed by John M McHugh. (Attachments: # 1 Proposed Order)(Cormier, Claire) (Filed on 10/9/2015) (Entered: 10/09/2015)
2015-10-09	94	0		MOTION to Compel Rule 35 Examinations filed by John M McHugh. Motion Hearing set for 10/20/2015 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 10/23/2015. Replies due by 10/30/2015. (Attachments: # 1 Declaration of Claire T. Cormier, # 2 Exhibit Exhibits to Cormier Declaration, # 3 Declaration of Andrew M. O'Brien, # 4 Declaration of John M. Greene, MD, # 5 Exhibit Exhibits to Greene Declaration)(Cormier, Claire) (Filed on 10/9/2015) (Entered: 10/09/2015)
2015-10-09	95	0		EXHIBITS re 93 MOTION to Shorten Time and Cormier Declaration filed byJohn M McHugh. (Related document(s) 93 ) (Cormier, Claire) (Filed on 10/9/2015) (Entered: 10/09/2015)
2015-10-13	96	0		CLERK'S NOTICE RESETTING OCTOBER 20, 2015 MOTION HEARING PENDING RULING ON MOTION TO SHORTEN TIME, resetting 94 MOTION to Compel Rule 35 Examinations: 10/20/2015 Motion Hearing is reset to 11/17/2015 at 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. *This is a text only docket entry, there is no document associated with this notice.* (ofr, COURT STAFF) (Filed on 10/13/2015) (Entered: 10/13/2015)
2015-10-13	97	0		ORDER RE: MOTION TO COMPEL RULE 35 EXAMINATIONS re 93 , 94 by Judge Paul S. Grewal on October 13, 2015 (psglc2, COURT STAFF) (Filed on 10/13/2015) (Entered: 10/13/2015)
2015-10-13	98	0		STIPULATION WITH PROPOSED ORDER referring case for settlement conference and modifying pretrial schedule filed by John M McHugh. (Cormier, Claire) (Filed on 10/13/2015) (Entered: 10/13/2015)
2015-10-14	99	0		ORDER GRANTING STIPULATION REFERRING CASE FOR SETTLEMENT CONFERENCE AND MODIFYING PRETRIAL SCHEDULE by Magistrate Judge Paul Singh Grewal granting 98 (psglc2, COURT STAFF) (Filed on 10/14/2015) (Entered: 10/14/2015)
2015-10-14	100	0		Order Setting Settlement Conference: Settlement Conference set for 10/20/2015 11:00 AM before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 10/14/15. (ig, COURT STAFF) (Filed on 10/14/2015) (Entered: 10/14/2015)
2015-10-15	101	0		RESPONSE (re 94 MOTION to Compel Rule 35 Examinations ) filed byLuydmila Starkey. (Musell, Wendy) (Filed on 10/15/2015) (Entered: 10/15/2015)
2015-10-15	102	0		DECLARATION of Wendy Musell in Opposition to 101 Opposition/Response to Motion Rule 35 Examination filed byLuydmila Starkey. (Attachments: # 1 Exhibit A -C)(Related document(s) 101 ) (Musell, Wendy) (Filed on 10/15/2015) (Entered: 10/15/2015)
2015-10-15	103	0		Proposed Order re 94 by Luydmila Starkey. (Musell, Wendy) (Filed on 10/15/2015) Modified on 10/15/2015 (cv, COURT STAFF). (Entered: 10/15/2015)
2015-10-16	104	0		Transcript of Proceedings held on 9-8-15, before Judge Paul S. Grewal. Court Reporter/Transcriber Lee-Anne Shortridge, telephone number 408-287-4580 email: lee-anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 90 Transcript Order ) Release of Transcript Restriction set for 1/14/2016. (Related documents(s) 90 ) (las, ) (Filed on 10/16/2015) (Entered: 10/16/2015)
2015-10-20	105	0		Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Settlement Conference held on 10/20/2015. Parties to communicate further information to each other on 10/22/2015. Parties to contact Judge Ryu for further assistance. FTR Time Not Recorded. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 10/20/2015) (Entered: 10/21/2015)
2015-10-23	106	0		ORDER GRANTING-IN-PART MOTION TO COMPEL RULE 35 EXAMINATIONS by Magistrate Judge Paul Singh Grewal granting-in-part 94 (psglc2, COURT STAFF) (Filed on 10/23/2015) (Entered: 10/23/2015)
2015-10-23	107	0		Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further telephonic settlement discussions held on 10/23/2015. FTR Time Not Recorded. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 10/23/2015) (Entered: 10/27/2015)
2015-10-26	108	0		Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further telephonic settlement discussions held 10/26/2015. Defendant will finalize and forward written proposal to Plaintiff. FTR Time Not Recorded. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 10/26/2015) (Entered: 10/27/2015)
2015-10-27	109	0		Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further telephonic settlement discussions held on 10/27/2015. FTR Time Not Recorded. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 10/27/2015) (Entered: 10/27/2015)
2015-10-30	110	0		STIPULATION WITH PROPOSED ORDER MODIFYING PRETRIAL ORDER filed by Luydmila Starkey. (Musell, Wendy) (Filed on 10/30/2015) (Entered: 10/30/2015)
2015-10-30	111	0		Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further telephonic settlement discussions held on 10/30/2015. FTR Time Not Recorded. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 10/30/2015) (Entered: 11/02/2015)
2015-11-02	112	0		ORDER GRANTING STIPULATION MODIFYING TRIAL AND PRETRIAL SCHEDULE by Magistrate Judge Paul Singh Grewal granting 110 (psglc2, COURT STAFF) (Filed on 11/2/2015) (Entered: 11/02/2015)
2015-11-02	113	0		Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further telephonic settlement discussions held on 11/2/2015. FTR Time Not Recorded. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 11/2/2015) (Entered: 11/03/2015)
2015-11-06	114	0		Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further telephonic settlement discussions held on 11/6/2015. FTR Time Not Recorded. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 11/6/2015) (Entered: 11/06/2015)
2015-11-09	115	0		Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further telephonic settlement discussions held on 11/9/2015. Parties to make confidential response to mediator's proposal by emailing Judge Ryu by 11/12/2015 10:00 AM. FTR Time Not Recorded. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 11/9/2015) (Entered: 11/10/2015)
2015-11-12	116	0		Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further telephonic settlement discussions held on 11/11/2015. FTR Time Not Recorded. Attachment Civil Conference Minute Order.(igS, COURT STAFF) (Date Filed: 11/12/2015) (Entered: 11/12/2015)
2015-11-13	117	0		Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further telephonic settlement discussions held on 11/12/2015 and 11/13/2015. FTR Time Not Recorded. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 11/13/2015) (Entered: 11/16/2015)
2015-11-18	118	0		STIPULATION WITH PROPOSED ORDER TO MODIFY PRETRIAL ORDER filed by Luydmila Starkey. (Musell, Wendy) (Filed on 11/18/2015) (Entered: 11/18/2015)
2015-11-18	119	0		ORDER GRANTING STIPULATION MODIFYING TRIAL AND PRETRIAL SCHEDULE by Magistrate Judge Paul Singh Grewal granting 118 (psglc2, COURT STAFF) (Filed on 11/18/2015) (Entered: 11/18/2015)
2015-11-20	120	0		Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further telephonic settlement conference held on 11/20/2015. FTR Time Not Recorded. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 11/20/2015) (Entered: 11/20/2015)
2015-12-02	121	0		Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further telephonic settlement discussions held on 12/2/2015. FTR Time Not Recorded. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 12/2/2015) (Entered: 12/03/2015)
2015-12-03	122	0		Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further telephonic discussions held on 12/3/2015. FTR Time Not Recorded. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 12/3/2015) (Entered: 12/04/2015)
2015-12-09	123	0		Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further telephonic settlement discussions held on 12/9/2015. Parties have reached a settlement in principle and are in the process of drafting settlement documents. Parties shall provide an update to Judge Ryu via email by no later than 12/14/2015. FTR Time Not Recorded. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 12/9/2015) (Entered: 12/09/2015)
2016-02-10	124	0		STIPULATION of Dismissal with Prejudice filed by John M McHugh. (Cormier, Claire) (Filed on 2/10/2016) (Entered: 02/10/2016)