Oregon District Court, Case No. 3:01-cv-00047-AS:
Wilcox v. Pitney Bowes Inc

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No Logo Carla A Wilcox, Plaintiff

Michael Scott Evans
evanszusman.com Law Firm Placeholder
Phone: +1 503 241 5550
Fax: +1 503 241 5553
E-Mail: mikee@evanszusman.com

v.
Pitney Bowes Inc, Defendant

Katrina M. Lonborg
State of Oregon
Phone: +1 503 378 6313
Fax: +1 503 378 3465
E-Mail: kate.lonborg@state.or.us

Carol J. Bernick
Davis Wright Tremaine LLP
Phone: +1 503 241 2300
E-Mail: carolbernick@dwt.com

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Office Portland
Filed 1/9/2001
Jury Demand None
Demand $75000
Nature of Suit 710 - Labor: Fair Standards
Cause Section 29 U.S.C. § 2601 Family & Medical Leave Act
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County Columbia
Terminated 2/8/2002
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case 00-12-12770[Multnomah County Circuit Court]
Def Custody Status
Flags FRC, PROTECTIVEORD, TERMINATED
PACER 1 Filed: 1/9/2001, Entered: 1/11/2001 Notice of Removal
Notice of Removal (Cause Code: 29:2601 Family & Medical Leave Act). Filing Fee collected. Receipt #: 435090 issued Other Court Information: Multnomah County Circuit Court 00-12-12770 Filed by Pitney Bowes inc (cid, )
PACER 2 Filed: 1/9/2001, Entered: 1/11/2001 Discovery order
Discovery and Pretrial Scheduling Order: Discovery to be completed by 5/9/2001. Joint ADR Report due by 5/9/2001. Pretrial Order due by 6/8/2001. (cid, )
PACER 3 Filed: 1/17/2001, Entered: 1/23/2001 Answer
Answer and Affirmative Defenses. Filed by Pitney Bowes Inc. (cid, )
PACER 4 Filed: 1/17/2001, Entered: 1/23/2001 Corporate Disclosure Statement
Corporate Disclosure Statement. Filed by Pitney Bowes Inc. (cid, )
PACER 5 Filed: 1/20/2001, Entered: 1/25/2001 Scheduling Court Filing
Record of Order by Judge Donald C. Ashmanskas: Telephone Rule 16 Conference set for 3/16/2001 at 09:15 AM (cid, )
PACER 6 Filed: 2/27/2001, Entered: 2/27/2001 Stipulation
Stipulation Relieving Parties of ORCP 26 Mandatory Disclosure. (related document(s)[2]) Filed by all parties. (peg, )
PACER 7 Filed: 3/16/2001, Entered: 3/21/2001 Rule 16 Conference Court Filing
Record of Proceedings before Judge Donald C. Ashmanskas. The court held a Telephone Rule-16 Conference as follows: Discovery to be completed by 7/9/2001. Dispositive Motions due by 7/9/2001. The filing of the ADR Report is Waived. The lodging of the pretrial order is Deferred until after the court rules on any dispositive motions. (cid, )
PACER 8 Filed: 6/25/2001, Entered: 6/26/2001 Motion for Extension of Time
Stipulated Motion for Extension of Time Of Deadlines. Filed by Carla A Wilcox. (cid, )
PACER 9 Filed: 6/26/2001, Entered: 6/28/2001 Order on motion for extension of time
Record of Order: Granting plaintiff's Motion for Extension of Time #8. ORDER: Discovery to be completed by 8/10/2001. Dispositive Motions due by 8/30/2001. (peg)
PACER 10 Filed: 7/27/2001, Entered: 7/30/2001 Motion for Protective Order Court Filing
Stipulated Protective Order. Signed 7/27/01 By Judge Ashmanskas (cid, ) Modified on 7/30/2001 (cid, ).
PACER 11 Filed: 8/6/2001, Entered: 8/7/2001, Terminated: 8/10/2001 Motion for Extension of Time
Motion for Extension of Time to File Discovery and Dispositive Motions. Filed by Michael Scott Evans on behalf of Carla A Wilcox. (cib, )
 12 Filed: 8/10/2001, Entered: 8/10/2001 Scheduling Court Filing
Minute Entry: Record of Order by Judge Ashmanskas -- GRANTING plaintiff's motion #11 for extension of deadlines as follows: Discovery to be completed by 9/28/2001. Dispositive Motions due by 10/15/2001. (Related documents(s) [11]) (peg, )
PACER 13 Filed: 9/24/2001, Entered: 9/26/2001, Terminated: 9/26/2001 Motion to Quash
Motion to Quash Subpoena; (expedited consideration requested). Filed by Pitney Bowes Inc. (peg, )
PACER 14 Filed: 9/24/2001, Entered: 9/26/2001 Motion for Protective Order
Motion for Protective Order and memorandum of law in support of defendant's motion to quash plaintiff's subpoena; (expedited consideration requested). Filed by Pitney Bowes Inc. (peg, )
PACER 15 Filed: 9/24/2001, Entered: 9/26/2001 Declaration
Declaration of Carol J. Bernick. Filed by Pitney Bowes Inc. (Related document(s)[13], [14]) (peg, )
 16 Filed: 9/26/2001, Entered: 9/26/2001 Scheduling Court Filing
CIVIL MINUTES:Record of Order by Judge Ashmanskas -- GRANTING defendant's motion to quash subpoena #13 subject to the court revisiting the issue by Telephone Conference with counsel on Tuesday, October 2, 2001, at 10:30AM, (also to be discussed will be defendant's motion for protective order #14 contained within the memorandum in support of motion #13). (Related documents(s) [13], [14]) (peg, )
PACER 18 Filed: 9/28/2001, Entered: 10/4/2001, Terminated: 10/10/2001 Motion to Amend/Correct
Motion to Alter/Amend/Correct (Filed as Consent)Complaint. Filed by Carla A Wilcox. (cib, )
PACER 19 Filed: 9/28/2001, Entered: 10/4/2001 Response
Response To Defendant's Motion To Quash Subpoena. Filed by Carla A Wilcox. (Related document(s)[13]) (cib, )
PACER 20 Filed: 9/28/2001, Entered: 10/4/2001 Affidavit
Affidavit of Michael S. Evans In Opposition To Motion To Quash. Filed by Carla A Wilcox. (Related document(s)[13]) (cib, )
PACER 22 Filed: 9/28/2001, Entered: 10/10/2001 Amended Complaint
First Amended Complaint (Demand For Jury Trial). Filed by Carla A Wilcox against Pitney Bowes Inc. (cib, )
 17 Filed: 10/2/2001, Entered: 10/2/2001 Motion Hearing Court Filing
CIVIL MINUTES:Record of Proceedings before Judge Ashmanskas -- The court heard oral argument on defendant's motion #14 for protective order, and revisited its' 9/26/01 decision re: defendant's motion #13 to quash subpoena. ORDER: Upon revisting its' ruling on the motion to quash the subpoena #13, the court DENIES this motion. ORDER: DENYING defendant's motion #14 for protective order. ORDER: Mr. Snider may be re-deposed by plaintiff's counsel, with limited inquiry as to the issue of Perkins Coie's role in Ms. Howell's departure. This portion of the deposition will be placed under seal, and will be subject to the existing protective order in this case. (Related documents(s) [13], [14]) Counsel Present for Plaintiff: Michael Evans. Counsel Present for Defendant: Carol Bernick. Court Reporter: Bridget Hayes. (peg, )
 21 Filed: 10/10/2001, Entered: 10/10/2001 Order on motion to amend/correct Court Filing
ORDER:Record of Order by Judge Ashmanskas GRANTING plaintiff's unopposed motion #18 "consent" for leave to file first amended complaint. (Related Doc #[18]) . (peg, )
PACER 23 Filed: 10/15/2001, Entered: 10/16/2001, Terminated: 11/1/2001 Motion for Summary Judgment
Motion for Summary Judgment (Oral Argument Requested). Filed by Pitney Bowes Inc. (cib, )
PACER 24 Filed: 10/15/2001, Entered: 10/16/2001 Memorandum in Support
Memorandum in Support Of Motion For Summary Judgment. Filed by Pitney Bowes Inc. (Related document(s)[23]) (cib, )
PACER 25 Filed: 10/15/2001, Entered: 10/16/2001 Concise Statement of Material Fact
Concise Statement of Material Fact. Filed by Pitney Bowes Inc. (cib, )
PACER 26 Filed: 10/15/2001, Entered: 10/16/2001 Declaration
Declaration of Frank Limbaugh. Filed by Pitney Bowes Inc. (Related document(s)[23]) (cib, )
PACER 27 Filed: 10/15/2001, Entered: 10/16/2001 Declaration
Declaration of Carol Bernick. Filed by Pitney Bowes Inc. (Related document(s)[23]) (cib, )
PACER 28 Filed: 10/15/2001, Entered: 10/16/2001 Motion for Summary Judgment
Motion for Partial Summary Judgment. Filed by Carla A Wilcox. (cib, ) Modified on 10/16/2001 (cib, ).
PACER 29 Filed: 10/15/2001, Entered: 10/16/2001 Memorandum in Support
Memorandum in Support Of Plaintiff's Motion For Partial Summary Judgment. Filed by Carla A Wilcox. (Related document(s)[28]) (cib, )
PACER 30 Filed: 10/15/2001, Entered: 10/16/2001 Affidavit
Affidavit of Carla A. Wilcox In Support of Plaintiff's Motion For Partial Summary Judgment. Filed by Carla A Wilcox. (Related document(s)[28]) (cib, )
PACER 31 Filed: 10/15/2001, Entered: 10/16/2001 Affidavit
Affidavit of Michael S. Evans In Support of Plaintiff's Motion For Partial Summary Judgment. Filed by Carla A Wilcox. (Related document(s)[28]) (cib, )
PACER 32 Filed: 10/15/2001, Entered: 10/16/2001 Concise Statement of Material Fact
Concise Statement of Material Fact (Filed Separate)To Which Plaintiff Contends There Is No Genuine Issue. Filed by Carla A Wilcox. (cib, )
PACER 33 Filed: 10/15/2001, Entered: 10/16/2001 Certificate of Service
Certificate of Service. Filed by Carla A Wilcox. (Related document(s)[28], [29], [30], [31], [32]) (cib, )
PACER 34 Filed: 10/16/2001, Entered: 10/17/2001 Answer to Amended Complaint
Answer to Amended Complaint And Affirmative Defenses (Related Doc # [22]). Filed by Pitney Bowes Inc. (cib, )
 35 Filed: 10/22/2001, Entered: 10/22/2001 Scheduling Court Filing
CIVIL MINUTES:Record of Order by Judge Ashmanskas -- SETTING the parties motions for summary judgment #23 and #28 on the court's Oral Argument Motion Calendar of Monday, November 26, 2001, at 9:00AM. (Related documents(s) [28], [23]) (peg, )
PACER 36 Filed: 10/23/2001, Entered: 10/25/2001 Memorandum in Opposition
Memorandum in Opposition to Plaintiff's Motion for Partial Summary Judgment. Filed by Pitney Bowes Inc. (Related motion(s)[28]) (ljb, )
PACER 37 Filed: 10/23/2001, Entered: 10/25/2001 Response
Response to Plaintiff's Concise Statement of Material Facts. Filed by Pitney Bowes Inc. (Related document(s)[32]) (ljb, )
PACER 38 Filed: 10/23/2001, Entered: 10/25/2001 Declaration
Declaration of Carol J. Bernick in Support of Defendant's Opposition to Plaintiff's Motion for Partial Summary Judgment. Filed by Pitney Bowes Inc. (Related document(s)[36]) (ljb, )
PACER 39 Filed: 10/26/2001, Entered: 10/29/2001 Motion for Extension of Time to File Response/Repl
Stipulated Motion for Extension of Time to File a Response/Reply to Motion # [23].. Filed by Carla A Wilcox. (cib, )
 40 Filed: 11/1/2001, Entered: 11/1/2001 Scheduling Court Filing
CIVIL MINUTES:Record of Order by Judge Ashmanskas -- GRANTING plaintiff's stipulated motion #39 for extension of her response deadline to defendant's summary judgment motion #23 as follows: Plaintiff's response due on or before 11/5/2001. (Related documents(s) [23]) (peg, )
PACER 41 Filed: 11/5/2001, Entered: 11/7/2001 Reply to Motion
Reply to Motion , filed as "reply to defendant's memorandum in opposition to plaintiff's motion for partial summary judgment". Filed by Carla A Wilcox. (Related motion(s)[28]) (peg, )
PACER 42 Filed: 11/5/2001, Entered: 11/7/2001 Response
Response by plaintiff to defendant's concise statement, (FILED UNDER SEAL). Filed by Carla A Wilcox. (Related document(s)[25]) (peg, )
PACER 43 Filed: 11/5/2001, Entered: 11/7/2001 Memorandum in Opposition
Memorandum in Opposition , filed as "Plaintiff's memorandum in response to defendant's motion for summary judgment", (FILED UNDER SEAL). Filed by Carla A Wilcox. (Related motion(s)[23]) (peg, )
PACER 44 Filed: 11/5/2001, Entered: 11/7/2001 Affidavit
Affidavit of Michael S. Evans in support of plaintiff's memorandum in response to defendant's motion for summary judgment, (FILED UNDER SEAL). Filed by Carla A Wilcox(Supplemental Affidavit of Carla A. Wilcox In Response To Defendant's Motion For Summary Judgment, Affidavit of Carole Howell, Affidavit of Nicole Fortin, Affidavit of Ronald Barnett attached to the affidavit of Michael S. Evans) (Related document(s)[43]) (peg, ) Modified on 11/19/2001 (cib, ).
PACER 45 Filed: 11/5/2001, Entered: 11/7/2001 Certificate of Service
Certificate of Service. Filed by Carla A Wilcox. (Related document(s)[42], [43], [44], [41]) (peg, )
PACER 46 Filed: 11/16/2001, Entered: 11/19/2001 Motion to Strike
Motion to Strike portions of the affidavits of Carla Wilcox, Carole Howell, Nicole Fortin and Ronald Barnett. Filed by all defendants. (Related document(s)[28]) (peg, )
PACER 47 Filed: 11/16/2001, Entered: 11/19/2001 Declaration
Supplemental Declaration of Frank Limbaugh. Filed by Pitney Bowes Inc. (Related document(s)[46]) (peg, )
PACER 48 Filed: 11/16/2001, Entered: 11/19/2001 Declaration
Declaration of Katrina Lonborg. Filed by Pitney Bowes Inc. (Related document(s)[46]) (peg, )
PACER 49 Filed: 11/16/2001, Entered: 11/19/2001 Reply to Motion
Reply to Motion , filed as "Defendant's reply in support of summary judgment". Filed by Pitney Bowes Inc. (Related motion(s)[23]) (peg, )
 50 Filed: 11/20/2001, Entered: 11/20/2001 Scheduling Court Filing
CIVIL MINUTES:Record of Order by Judge Ashmanskas -- SETTING defendant's motion #46 to strike portions of the affidavits of Carla Wilcox, Carole Howell, Nicole Fortin and Ronald Barnett for Oral Argument on Monday 11/26/2001 at 9:00AM, (same date and time as previously set motions for summary judgment #23, #28. (Related documents(s) [46]) (peg, )
 51 Filed: 11/26/2001, Entered: 11/26/2001 Scheduling
CIVIL MINUTES:Record of Proceedings -- The court heard oral argument on cross-motions for summary judgment #23 and #28, and defendant's motion to strike #46. ORDER: motions #23, #28, and #46 are taken under advisement as of 11/26/2001. (Related documents(s) [28], [46], [23]) Counsel Present for Plaintiff: Mike Evans. Counsel Present for Defendant: Carol Bernick, Kate Lonborg. Court Reporter: Bridget Hayes. (peg, ) Modified on 11/26/2001 (peg, ).
PACER 52 Filed: 12/7/2001, Entered: 12/11/2001, Terminated: 2/8/2002 Findings & Recommendation Court Filing
Findings & Recommendations: Plaintiff's motion #23 for summary judgment should be DENIED. Defendant's motion #28 for summary judgment should be GRANTED with regard to plaintiff's first, second, third, fifth and sixth claims for relief and DENIED with regard to plaintiff's fourth claim for relief. Plaintiff's claim for retaliation under the Federal Act should be limited to defendant's attempts to transfer her upon her return form leave in June 2000. Defendant's motion #46 to strike affidavits is DENIED as moot. Signed on 12/7/01 by Magistrate Judge Donald C. Ashmanskas. Objections to the Findings and Recommendation due by 12/28/2001. Response to the objection to the F & R due by 1/18/2002. (Related document(s)[28], [46], [23]) (peg, )
PACER 53 Filed: 12/28/2001, Entered: 1/3/2002 Objections to Findings & Recommendation
Objections to Findings & Recommendation. Filed by Pitney Bowes Inc. Response to the objection to the F & R due by 1/18/2002. (Related motion(s)[52]) (cib, )
PACER 54 Filed: 12/28/2001, Entered: 1/3/2002 Objection
Objection(s) To Findings and Recommendations(Request For Oral Argument). Filed by Carla A Wilcox. (Related document(s)[52]) (cib, )
PACER 55 Filed: 12/28/2001, Entered: 1/3/2002 Certificate of Service
Certificate of Service. Filed by Carla A Wilcox. (Related document(s)[54]) (cib, )
PACER 56 Filed: 12/28/2001, Entered: 1/3/2002 Declaration
Declaration of Carol J. Bernick In Support of Defendant's Objection To Findings and Recommendations. Filed by Pitney Bowes Inc. (Related document(s)[53]) (cib, )
PACER 57 Filed: 1/18/2002, Entered: 1/22/2002 Response to Objections to Findings & Recommendatio
Response to Objections to Findings & Recommendation filed as, "plaintiff's response to defendant's objections to the magistrate judge's findings and recommendations". Filed by Carla A Wilcox. (Related motion(s)[52]) (peg, )
PACER 58 Filed: 1/18/2002, Entered: 1/22/2002 Response to Objections to Findings & Recommendatio
Response to Objections to Findings & Recommendation filed as, "defendant's response to plaintiff's objections to findings and recommendations". Filed by Pitney Bowes Inc. (Related motion(s)[52]) (peg, )
 59 Filed: 1/22/2002, Entered: 1/22/2002 Findings & Recommendation Referred Court Filing
CIVIL MINUTES:Record of Order -- REFERRING Magistrate Ashmanskas' Findings and Recommendation #52, Objections to the F&R #53 and #54 and Responses to the Objections to the F&R #57 and #58 to the Honorable Garr M. King for review. (Related documents(s) [52]) Ordered by Judge Donald C. Ashmanskas. (peg, )
PACER 60 Filed: 2/8/2002, Entered: 2/11/2002 Order on motion to strike Court Filing
ORDER:Adopting the F&R(Related Doc #[52]).Defendant's motioin for summary judgment(Related Doc #[28]) is granted in full and this case is dismissed. Plaintiff's motion for summary judgment (Related Doc #[23])is denied. Defendant's motion to strike affidavits (Related Doc #[46])is denied as moot. Signed on 2/7/02 by Judge Garr M. King. (cib, )
PACER 61 Filed: 3/5/2002, Entered: 3/6/2002 Notice of Appeal
Notice of Appeal to USCA from order #[60] entered on 2/11/02 Filing fee collected. Receipt # 442750 issued(CADS INCLUDED) Filed by Carla A Wilcox. Transcript due by 5/6/2002. (Related document(s)[60]) (cib, )
PACER 62 Filed: 3/5/2002, Entered: 3/6/2002 Representation Statement
Representation Statement Related Appeal Document #[61]. Filed by Carla A Wilcox. (Related document(s)[61]) (cib, )
PACER 63 Filed: 3/15/2002, Entered: 3/18/2002 Notice
Notice of Intent to Order Entire Transcript. Filed by plaintiff Carla A Wilcox. (Related document(s)[61]) (peg, )
PACER 64 Filed: 3/15/2002, Entered: 3/20/2002 Transcript Designation and Order Form
Transcript Ordering form for Transcript(s) of Proceedings held on 11/26/01.. Filed by Carla A Wilcox. (cib, )
PACER 65 Filed: 3/18/2002, Entered: 3/20/2002 Judgment Court Filing
Judgment:It Is Ordered and Adjudged that plaintiff's case is Dismissed with prejudice.Signed 3/18/02 by Judge Garr M. King, Nunc Pro Tunc 2/8/02. (cib, )
PACER 66 Filed: 3/21/2002, Entered: 3/25/2002, Terminated: 4/16/2002 Bill of Costs
Bill of Costs. Filed by Pitney Bowes Inc. Objections to the Bill of Costs due by 4/4/2002. Taxation of the Bill of Costs due by 4/4/2002. (cib, )
PACER 67 Filed: 3/21/2002, Entered: 3/25/2002 Affidavit
Affidavit of Katrina M. Lonborg In Support of Defendant's Cost Bill. Filed by Pitney Bowes Inc. (Related document(s)[66]) (cib, )
PACER 68 Filed: 3/26/2002, Entered: 3/26/2002, Terminated: 6/3/2002 USCA Docket Number
Docket number 02-35277 assigned by the United States Court of Appeals. USDC Notice of Appeal Doc. # [61].. (Related document(s)[61]) (cib, )
PACER 69 Filed: 3/26/2002, Entered: 3/26/2002, Terminated: 6/3/2002 USCA Order
Time Scheduling Order from Ninth Circuit Court of Appeals USDC Notice of Appeal Doc. # [61] and USCA #02-35277. 4/4/02: Appellant/petitioner shall file transcript order form with the district court and make payment arrangements with court reporter. 5/6/02: Court Reporter shall file transcript in the district court. 6/21/02: Appellant/petitioner's opening brief and excerpts of record shall be served and filed. 7/22/02: The brief of appellee/respondent shall be filed and served. (Related document(s)[61]) (cib, )
PACER 70 Filed: 4/1/2002, Entered: 4/2/2002 Objections to Bill of Costs
Objections to Bill of Costs. Filed by Carla A Wilcox. (Related motion(s)[66]) (cib, )
PACER 71 Filed: 4/1/2002, Entered: 4/2/2002 Memorandum in Support
Memorandum in Support Of Objection To Defendant's Cost Bill. Filed by Carla A Wilcox. (Related document(s)[70]) (cib, )
PACER 72 Filed: 4/1/2002, Entered: 4/2/2002 Affidavit
Affidavit of Michael S. Evans In Support of Objection To Defendant's Cost Bill. Filed by Carla A Wilcox. (Related document(s)[70]) (cib, )
PACER 73 Filed: 4/16/2002, Entered: 4/16/2002 Response
Response to Plaintiff's Objections to Defendant's Cost Bill. Filed by Pitney Bowes Inc. (Related document(s)[66], [70]) (peg, )
 74 Filed: 4/16/2002, Entered: 4/16/2002 Scheduling Court Filing
CIVIL MINUTES:Record of Order by Judge Ashmanskas -- GRANTING Defendant's Cost Bill #66 in the amount of $2,182.59. (Related documents(s) [66]) (peg, )
PACER 76 Filed: 4/16/2002, Entered: 4/29/2002 Notice of Appeal
Amended Notice of Appeal to USCA from order #[60] entered on 2/11/02. Filed by Carla A Wilcox. Transcript due by 6/17/2002. (Related document(s)[60]) (cib, )
PACER 75 Filed: 4/17/2002, Entered: 4/18/2002 Transcript Court Filing
Transcript of Proceedings held on 11/26/01 before Judge Donald C. Ashmanskas. Court Reporter: Bridget R. Hayes. (cib, )
PACER 77 Filed: 5/21/2002, Entered: 5/22/2002 Satisfaction
Satisfaction of Judgment. Pitney Bowes hereby acknowledges that the judgment has been satisfied pursuant to the terms of a settlement agreement reached between Pitney Bowes and Mr. Wilcox. Filed by Pitney Bowes Inc. (Related document(s)[65]) (cib, )
PACER 78 Filed: 6/3/2002, Entered: 6/7/2002 Order of Dismissal of Appeal by USCA
Order from Ninth Circuit Court of Appeals: Appeal is Dismissed USDC Notice of Appeal Doc. # [61] and USCA #02-35277. This appeal is voluntarily dismissed. The parties shall bear their own costs and attorney's fees on appeal. (Related document(s)[61]) (cib, )

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