Oregon District Court, Case No. 3:90-cv-00556-PA:
Bonacci v. Ferrellgas, Inc., et al

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No Logo Richard Bonacci, Plaintiff

Bernard Jolles
jollesbernstein.com Law Firm Placeholder
Phone: +1 503 228 6474
Fax: +1 503 228 0836
E-Mail: BernieJ@JollesBernstein.com

v.
No Logo Ferrell Companies, Defendant

Richard A. Lee
Mount & Stoelker, PC
Phone: +1 503 243 1022
Fax: +1 503 243 2019
E-Mail: lee@bodyfeltmount.com

Ferrellgas Inc, Defendant

R Pete Smith
Phone: +1 816 221 5400

Richard A. Lee
Mount & Stoelker, PC
Phone: +1 503 243 1022
Fax: +1 503 243 2019
E-Mail: lee@bodyfeltmount.com

E. Richard Bodyfelt
Phone: +2431 243 243 1022

No Logo James Ferrell, Defendant

Richard A. Lee
Mount & Stoelker, PC
Phone: +1 503 243 1022
Fax: +1 503 243 2019
E-Mail: lee@bodyfeltmount.com

No Logo Warren Gfeller, Defendant

Richard A. Lee
Mount & Stoelker, PC
Phone: +1 503 243 1022
Fax: +1 503 243 2019
E-Mail: lee@bodyfeltmount.com

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Office Portland
Filed 6/8/1990
Jury Demand Plaintiff
Demand $10000
Nature of Suit 442 - Civil Rights: Jobs
Cause Section 29 U.S.C. § 621 Job Discrimination (Age)
Jurisdiction Federal Question
Disposition Dismissed - Settled
County Multnomah
Terminated 1/29/1993
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags FRC, TERMINATED
 1 Filed: 6/8/1990, Entered: 6/8/1990 Complaint
COMPLAINT (unlawful Employment Practice, Breach of convenant of good faith and fair deaing, Wrongful discharge, Intentional Interference with prospective Advantange and Intentional Infliction of Emotional Distress) (cpriestley)
 2 Filed: 6/8/1990, Entered: 6/8/1990 Summons Issued
Summons issued as to defendant Ferrellgas, Inc. (cpriestley)
 3 Filed: 6/8/1990, Entered: 6/8/1990 Discovery order
ORDER: discovery ddl set for 10/9/90; setting pretrial order ddl for 11/5/90 (cpriestley)
 4 Filed: 7/2/1990, Entered: 7/3/1990 Description not available
ANSWER by defendant Ferrellgas, Inc. (cpriestley)
 5 Filed: 7/18/1990, Entered: 7/18/1990, Terminated: 7/19/1990 Motion
MOTION by defendant Ferrellgas, Inc. to proceed Pro Hac Vice for Beth Romans Pelkey (cpriestley)
 6 Filed: 7/19/1990, Entered: 7/20/1990 Motion Hearing
RECORD OF Order granting motion to proceed Pro Hac Vice for Beth Romans Pelkey [5-1] ntfd Magistrate William M. Dale (cpriestley)
 7 Filed: 7/23/1990, Entered: 7/24/1990 Motion to Dismiss
MOTION by defendant Warren Gfeller to dismiss for lack of jurisdiction #7 o/a/req (cpriestley)
 8 Filed: 7/23/1990, Entered: 7/24/1990 Memorandum in Support
Memorandum in support of motion to dismiss for lack of jurisdiction [7-1] (cpriestley)
 9 Filed: 7/25/1990, Entered: 7/25/1990 Motion Hearing
RECORD OF Order setting motion to dismiss for lack of jurisdiction [7-1] 9/4/90 at 1:30pm. ntfd Magistrate William M. Dale (cpriestley)
 10 Filed: 7/26/1990, Entered: 7/26/1990, Terminated: 3/31/2004 Motion to Dismiss
MOTION by defendant Ferrell Companies to dismiss lack of jurisdicion over the person #10 o/a req (cpriestley)
 11 Filed: 7/26/1990, Entered: 7/26/1990 Memorandum in Support
Memorandum in support of motion to dismiss lack of jurisdicion over the person [10-1] (cpriestley)
 12 Filed: 7/27/1990, Entered: 7/27/1990 Motion Hearing
RECORD OF Order setting deft Ferrell Companies, Inc's motion to dismiss 9/7/90 at 10:30am. ntfd Magistrate William M. Dale (cpriestley)
 13 Filed: 7/27/1990, Entered: 7/30/1990 Motion Hearing
RECORD OF Order resetting deft Ferrell Companies, Inc's motion to dismiss 9/7/90 at 10:30am, to Tuesday 9/4/90 at 1:30am. [10-1] ntfd Magistrate William M. Dale (cpriestley)
 18 Filed: 8/3/1990, Entered: 8/13/1990 Motion for Extension of Time to Answer a Complaint
MOTION by plaintiff Richard Bonacci to extend time to answer to to motions to dismiss #18 (cpriestley)
 14 Filed: 8/6/1990, Entered: 8/6/1990, Terminated: 1/3/1991 Motion to Dismiss
MOTION by defendant James Ferrell to dismiss #14 o/a req (cpriestley)
 15 Filed: 8/6/1990, Entered: 8/6/1990 Memorandum in Support
Memorandum by defendant James Ferrell in support of motion to dismiss [14-1] (cpriestley)
 16 Filed: 8/8/1990, Entered: 8/9/1990 Motion
MOTION by defendant Ferrellgas, Inc. to proceed Pro Hac Vice for Sheila Madden #16 (cpriestley)
 17 Filed: 8/9/1990, Entered: 8/10/1990 Motion for Extension of Time
MOTION by defendant Ferrellgas, Inc. to extend time for discv & scheduling order and suggestions in support of same[17-1] (cpriestley)
 19 Filed: 8/16/1990, Entered: 8/17/1990 Motion Hearing
Rec of ord: Allowing defts' motion #16 for admission of Sheila Modden as cnsl pro hac vice in this case. Allowing deft Ferrelgas motion #17 for exten of discv to 12/10/90; PTO due 1/10/91. Pltf's motion #18 for exten of time is allowed and following scheduling is set: Responses by pltf to all pending motion are due to be filed and served by 8/31/90. Defts' replies are due to be filed and served by 9/14/90. The various defts' motions #7,10,14 to dismiss, are set for o/a Tuesday 10/9/90 at 9:30am. (motions to dismiss (7 & 10) are being reset from 9/4/90.) , ntfd dismiss lack of jurisdicion over the person #10 [10-1] (w/oa req) re motion to dismiss #14 [14-1] (w/oa req), ntfd Magistrate William M. Dale (cpriestley)
 20 Filed: 8/17/1990, Entered: 8/20/1990 Affidavit
Affidavit of Susan Stoner (cpriestley)
 21 Filed: 8/17/1990, Entered: 8/20/1990 Memorandum in Support
Memorandum in response to defts' motion to dismiss by plaintiff Richard Bonacci (cpriestley)
 22 Filed: 8/22/1990, Entered: 8/22/1990 Return of service executed
Return of service executed upon defendant Ferrell Companies on 6/27/90 (cpriestley)
 23 Filed: 8/22/1990, Entered: 8/22/1990 Return of service executed
Return of service executed upon defendant Ferrell Companies on 6/21/90 (cpriestley)
 24 Filed: 9/7/1990, Entered: 9/10/1990 Motion to continue
MOTION by plaintiff Richard Bonacci reset of oral argument #24 (cpriestley)
 25 Filed: 9/10/1990, Entered: 9/11/1990, Terminated: 9/12/1990 Motion to Withdraw/Substitute Attorney
MOTION by defendant Ferrellgas, Inc. to withdraw SHEILA J MADDEN as attorney #25 (cpriestley)
 27 Filed: 9/10/1990, Entered: 9/11/1990 Motion
MOTION by defendant Ferrellgas, Inc. to proceed Pro Hac Vice for Steven Denton #27 expedited hrg (cpriestley)
 26 Filed: 9/11/1990, Entered: 9/11/1990 Motion Hearing
Rec of order - allowing stip motion #24 for a set over of oral arguments on deft's motion 7,10,14 to dimiss from 10/9/90 to 10/15/90 at 9:30am. ntfd Magistrate William M. Dale (cpriestley)
 28 Filed: 9/12/1990, Entered: 9/13/1990 Motion Hearing
RECORD OF Order granting motion to withdraw SHEILA J MADDEN as attorney [25-1] attorney SHEILA J MADDEN for Ferrellgas, Inc. ntfd Magistrate William M. Dale (cpriestley)
 29 Filed: 9/13/1990, Entered: 9/13/1990 Description not available
Notice by defendant Ferrellgas, Inc. of taking deposition of Custodian of Records on 9/27/90 at 9:00am (cpriestley)
 30 Filed: 9/14/1990, Entered: 9/17/1990 Reply
Reply by defendant Warren Gfeller to pltf's memo in response to defts' motion to dismiss. (cpriestley)
 31 Filed: 9/14/1990, Entered: 9/17/1990 Reply
Reply by James Ferrell's to pltf's memo in response to defts' motion to dismiss (cpriestley)
 32 Filed: 9/17/1990, Entered: 9/18/1990 Motion to continue
MOTION (stip) to setover of o/a on deft's three motions to dismiss #32 (cpriestley)
 33 Filed: 9/26/1990, Entered: 9/27/1990 Description not available
Notice of taking deposition of Jeff Decker, Frank Simon, Jim Johnson, Linda Solso, Hank Court 10/16/90 , Allen Ray, Bill Shalaby 10/17/90, Richard Boacci on 10/20/90 at 11:00. (cpriestley)
 34 Filed: 9/28/1990, Entered: 9/28/1990 Description not available
Amended Notice by defendant Ferrellgas, Inc. of taking deposition o Jeff Deckert 10/19/90 at 9:00am, Linda Solso 10/19/90 at 1:30. (cpriestley)
 35 Filed: 10/5/1990, Entered: 10/5/1990 Return of service executed
Return of service executed upon defendant James Ferrell on 7/6/90 (cpriestley)
 36 Filed: 10/12/1990, Entered: 10/15/1990 Order
PROTECTIVE ORDER: (see order) ntfd Signed 10/12/90 Magistrate William M. Dale (cpriestley)
 37 Filed: 10/15/1990, Entered: 10/17/1990 Motion Hearing
Rec of hrg on deft Warren Feller motions 7,10, & 14. All taken under advisement. Pltfs are to file an amended complaint within 10 days of the filing of this order substituting Ferrell companies, Inc, Kansas Corp in the place of Ferrell Company, Inc. ntfd Magistrate William M. Dale (cpriestley)
 38 Filed: 10/16/1990, Entered: 10/17/1990 Description not available
AMENDED complaint [1-1] adding Ferrell Companies, Kansas Corporation. (Unlawful employment Practice, breach of covenant of good faith and fair dealing, wrongful discharge, intentional interference with prospective advantage and intentional infliction of emotional distress. Jury Trial req (cpriestley)
 39 Filed: 10/19/1990, Entered: 10/23/1990 Order
Stipulated PROTECTIVE ORDER: (see file) ntfd Signed 10/19/90 Magistrate William M. Dale (cpriestley)
 40 Filed: 10/30/1990, Entered: 10/31/1990 Description not available
ANSWER by defendant Ferrell Companies to first amended complaint. (cpriestley)
 41 Filed: 10/30/1990, Entered: 10/31/1990 Description not available
ANSWER by defendant Ferrellgas, Inc. to first amended complaint. (cpriestley)
 42 Filed: 10/31/1990, Entered: 11/1/1990 Motion Hearing
RECORD OF Order- Defts' motions 7,10,&14 to dismiss pltf's complaint, will be treated as if they are directed to the amended complaint filed by pltf on 10/15/90. It is not necessary for defts to refile their motions to dismiss the amended complaint. Magistrate William Dale (cpriestley)
 43 Filed: 11/30/1990, Entered: 12/3/1990 Motion for Extension of Time
MOTION by plaintiff Richard Bonacci to extend time discv & Proposed pretrial order [43-1] (cpriestley)
 44 Filed: 12/7/1990, Entered: 12/10/1990 Motion Hearing
RECORD OF granting motion to extend time discv to 2/28/91 & Proposed pretrial order 1/10/91. , ntfd Magistrate William M. Dale (cpriestley)
 45 Filed: 12/10/1990, Entered: 12/11/1990 Motion for Extension of Time
MOTION by defendant Ferrellgas, Inc. to extend time within which discv & dispositive motions must be filed [45-1] (cpriestley)
 46 Filed: 12/13/1990, Entered: 12/13/1990, Terminated: 1/30/2009 Findings & Recommendation
Findings and Recommendation referred [to] concerning motion to dismiss should be denied [14-1], motion to dismiss lack of jurisdicion over the person should be granted[10-1]. Gfeller's motion #7 to dismiss for lack of personal jurisdiction should be denied. I further recommend that Ferrell's motion to dismiss Bonacci's claims for intentional incliction of emotional distress and intentional interference with prospective advantage be denied. Magistrate William M. Dale ntfd (cpriestley)
 47 Filed: 12/17/1990, Entered: 12/18/1990 Motion Hearing
RECORD OF granting motion to extend time for discv 3/28/91 & dispositive motions must be filed [45-1] by 4/29/91. , ntfd Magistrate William M. Dale (cpriestley)
 48 Filed: 1/3/1991, Entered: 1/31/1991 Order
ORD - I adopt Magistrate Dales findings & recommendation that FCI's motion to dismiss for lack of personal jurisdiction be granted. Gfeller's motion #7 to dismiss for lack of jurisdiction should be denied and Ferrell's similar motion #14 should also be denied. Ferrell's motion to dismiss Bonacci's claims for intentional infliction of emotional distress and intentional interference with propective advantage be denied. ntfd Signed 1/28/91 Magistrate William M. Dale (cpriestley) Modified on 02/27/1991
 -- Filed: 1/15/1991, Entered: 1/15/1991, Terminated: 1/30/2009 Order
Findings and Recommendations to Honorable Owen M. Panner (cpriestley)
 49 Filed: 2/12/1991, Entered: 2/14/1991 Attorney Appearance
Notice of association of attorney BERNARD JOLLES for pltf. (cpriestley)
 50 Filed: 2/13/1991, Entered: 2/14/1991 Motion for Extension of Time
MOTION by Richard Bonacci to extend time to complete discv, file dispositive motion and file pretrial order [50-1] (cpriestley)
 51 Filed: 2/19/1991, Entered: 2/20/1991 Description not available
ANSWER by Warren Gfeller to pltf's lst amd cmplt (former employee)
 52 Filed: 2/19/1991, Entered: 2/20/1991 Description not available
ANSWER by James Ferrell to pltf's lst amd cmplt (former employee)
 53 Filed: 2/25/1991, Entered: 2/25/1991, Terminated: 3/25/1991 Motion to compel
MOTION by plaintiff to compel discovery #53 OA REQ (former employee)
 54 Filed: 2/25/1991, Entered: 2/25/1991 Memorandum in Support
Memorandum by plaintiff in support of motion to compel discovery from dft Ferrellgas [53-1] (former employee)
 55 Filed: 2/25/1991, Entered: 2/25/1991 Affidavit
Affidavit of Susan L. Stoner regarding motion to compel discovery [53-1] (former employee)
 56 Filed: 2/27/1991, Entered: 2/27/1991 Motion Hearing
RECORD OF ORD: setting motion to compel discovery [53-1] MON, M/C 3/18/91, 1:30. ntfd Magistrate William M. Dale (former employee)
 57 Filed: 2/28/1991, Entered: 2/28/1991 Motion Hearing
RECORD OF ord granting pltfs' motion to extend time to complete discv, file dispositive motion and file pretrial order [50-1]. ORD discv is ext to 4/29, pto lodging date to 7/8/91. The deadline for the filing of any dispositive mots is ext to 5/30/91. , ntfd Magistrate William M. Dale (former employee)
 58 Filed: 3/4/1991, Entered: 3/5/1991 Description not available
Notice by Ferrellgas, Inc. of taking deposition of Harry Harris 4/3/91 (cpriestley)
 59 Filed: 3/4/1991, Entered: 3/5/1991 Description not available
Notice by Ferrellgas, Inc. of taking deposition of Mark Buettner on 4/3/91 at 9:00am (cpriestley)
 60 Filed: 3/7/1991, Entered: 3/8/1991 Memorandum in Opposition
Memorandum by Ferrellgas, Inc. to motion to compel discovery [53-1] (cpriestley)
 61 Filed: 3/7/1991, Entered: 3/8/1991 Motion Hearing
RECORD OF setting motion to compel discovery [53-1] 3/25/91 at 9:30am. ntfd Magistrate William M. Dale (cpriestley)
 62 Filed: 3/12/1991, Entered: 3/12/1991 Description not available
Notice by Ferrellgas, Inc. of taking deposition of Ken Milford at 10:00 4/1/91 (cpriestley)
 63 Filed: 3/13/1991, Entered: 3/13/1991 Description not available
Notice of taking deposition of Kenneth Milford at 10:00am 4/1/91; undersignated officer of Ferrelgas capable of explaining the operation 4/1/91 at 3:00; Undesignated officer of Ferrellgas capable of explaining the operation, admin 4/1/91 at 4:00pm; Warren Gfeller 4/2/91 at 9:00; James ferell 4/2/91 at 1:00pm. (cpriestley)
 64 Filed: 3/25/1991, Entered: 4/4/1991 Motion Hearing
RECORD OF Tel Hrg granting motion to compel as follows: 1st request for production: request No 6 granted as it related to three positions: 1) Market Manager 2) Plant Supervisor 3) Plant Manager (hereinafter Job Categories); Request 9,11, and 12 granted as it related to ADEA claim only. Request No 16: deferred pending discussions between cnsl. Request No 25: granted as it relates to the three job categories; Discv shal be limited to the Northwest (Oregon and Washington as to request No.6,16 and 25, but not as to request No 9, 11, and 12. The Court will reconsider the issue of nationwide discv at a later date. 2nd request for production: Request No 9 granted as it relates to the three job Categories; Limited tothe Northwest (Oregon & Washington) 3rd request for production: Reequest no 1 granted. First set of Interogatories: Interrogatory No5 & 6: deferred pending production of documents.[53-1] ntfd Magistrate William M. Dale (cpriestley)
 65 Filed: 4/19/1991, Entered: 4/22/1991 Motion for Extension of Discovery & PTO Deadlines
MOTION by Richard Bonacci to extend discovery dispositive motions and pretrial order deadlines #65 (cpriestley)
 66 Filed: 4/22/1991, Entered: 4/24/1991 Motion Hearing
RECORD OF granting motion to extend discovery to 5/29/91; PTO 8/8/91. The filing of dispositive motions to 7/1/91. , ntfd Magistrate William M. Dale (cpriestley)
 67 Filed: 4/29/1991, Entered: 4/30/1991 Memorandum in Opposition
Memorandum by defendant in opposition to motion for extension of discovery, dispositive motions, and pretrial order deadline [14-1] (cpriestley)
 68 Filed: 5/1/1991, Entered: 5/1/1991 Memorandum in Support
MEMORANDUM by Richard Bonacci in support of motion to extend discovery dispositive motions and pretrial order deadlines [65-1] (cpriestley)
 69 Filed: 5/9/1991, Entered: 5/9/1991 Motion Hearing
RECORD OF Order - setting a tel hrg re pltfs motion #65 for extension of time to 5/23/91 at 10:00am. , ntfd Magistrate William M. Dale (cpriestley)
 70 Filed: 5/14/1991, Entered: 5/15/1991 Motion Hearing
RECORD OF striking tel hrg 5/23/91 at 10:00am. Parties have agreed on the discv schedule. , ntfd Magistrate William M. Dale (cpriestley)
 71 Filed: 5/29/1991, Entered: 5/29/1991, Terminated: 7/10/1991 Motion to compel
MOTION by plaintiff Richard Bonacci to compel discv from deft Ferrellas #71 discv motion; o/a req (cpriestley)
 72 Filed: 5/29/1991, Entered: 5/29/1991 Memorandum in Support
MEMORANDUM in support of motion to compel discv from deft Ferrellas [71-1] (cpriestley)
 73 Filed: 5/29/1991, Entered: 5/29/1991 Affidavit
AFFIDAVIT of Susan Stoner re motion to compel discv from deft Ferrellas [71-1] (cpriestley)
 74 Filed: 6/4/1991, Entered: 6/5/1991 Motion for Extension of Discovery & PTO Deadlines
MOTION by plaintiff Richard Bonacci to extend discovery to 6/17/91 #74 (cpriestley)
 75 Filed: 6/4/1991, Entered: 6/5/1991 Affidavit
AFFIDAVIT of Susan L. Stoner re motion to extend discovery to 6/17/91 [74-1] (cpriestley)
 76 Filed: 6/4/1991, Entered: 6/5/1991 Stipulation
STIPULATION enlarging time for defts to respond to pltf's renewed motion to compel. (cpriestley)
 79 Filed: 6/6/1991, Entered: 6/10/1991 Motion Hearing
RECORD OF Order setting motion to compel discv 7/8/91 at 1:30pm. Pltf motion for limited discv is scheduled for a tel conf 6/14/91 at 11:00. The stip enlarging time for defts. to respond to pltf motion to compel to and including 6/7/91 is allowed.[76-1] ntfd Magistrate William M. Dale (cpriestley)
 77 Filed: 6/7/1991, Entered: 6/10/1991 Response to Motion
RESPONSE by defendant Ferrellgas, Inc. to motion to compel discv from deft Ferrellas [71-1] (cpriestley)
 78 Filed: 6/7/1991, Entered: 6/10/1991 Affidavit
AFFIDAVIT of Beth Romans Pelkey re motion response [77-1] (cpriestley)
 80 Filed: 6/7/1991, Entered: 6/10/1991 Response to Motion
RESPONSE to motion to extend discovery to 6/17/91 [74-1] (cpriestley)
 81 Filed: 6/11/1991, Entered: 6/12/1991 Motion Hearing
RECORD OF Order - striking the tel conf set on 6/14/91 re pltfs motion #74 for limited discv and resetting to Tuesday 6/25/91 at 10:30am. , ntfd Magistrate William M. Dale (cpriestley)
 82 Filed: 6/19/1991, Entered: 6/21/1991 Motion Hearing
RECORD OF Order striking motion to extend discovery and resetting to 7/10/91 at 10:30am [74-1] ntfd Magistrate William M. Dale (cpriestley)
 83 Filed: 6/24/1991, Entered: 6/25/1991 Motion Hearing
RECORD OF setting motion to compel discv from deft Ferrellas [71-1] 7/10/91 at 10:30am by telephone ntfd Magistrate William M. Dale (cpriestley)
 84 Filed: 7/1/1991, Entered: 7/2/1991 Motion for Summary Judgment
MOTION by defendant James Ferrell for summary judgment #84 o/a req (cpriestley)
 85 Filed: 7/1/1991, Entered: 7/2/1991 Memorandum in Support
MEMORANDUM in support of motion for summary judgment [84-1] (cpriestley)
 86 Filed: 7/1/1991, Entered: 7/2/1991 Concise Statement of Material Fact
Statement of facts in support of motion for summary judgment [84-1] (cpriestley)
 87 Filed: 7/1/1991, Entered: 7/2/1991 Motion for Summary Judgment
MOTION by defendant Warren Gfeller for summary judgment oral argument req (cpriestley)
 88 Filed: 7/1/1991, Entered: 7/2/1991 Memorandum in Support
MEMORANDUM in support of motion for summary judgment [87-1] (cpriestley)
 89 Filed: 7/1/1991, Entered: 7/2/1991 Concise Statement of Material Fact
Statement of facts in support of motion for summary judgment [87-1] (cpriestley)
 90 Filed: 7/1/1991, Entered: 7/2/1991 Motion to Dismiss
MOTION by defendant Ferrellgas, Inc. to dismiss oral argument req (cpriestley)
 91 Filed: 7/1/1991, Entered: 7/2/1991 Motion for Summary Judgment
MOTION by defendant Ferrellgas, Inc. for summary judgment o/a req (cpriestley)
 92 Filed: 7/1/1991, Entered: 7/2/1991 Memorandum in Support
MEMORANDUM in support of motion for summary judgment [91-1] (cpriestley)
 93 Filed: 7/1/1991, Entered: 7/2/1991 Concise Statement of Material Fact
Statement of facts by deft Ferrellgas in support of motion for summary judgment. (cpriestley)
 94 Filed: 7/1/1991, Entered: 7/2/1991 Concise Statement of Material Fact
Statement of facts in support of statement [93-1] (cpriestley)
 95 Filed: 7/5/1991, Entered: 7/8/1991 Motion for Extension of Time
MOTION by plaintiff Richard Bonacci to extend time to respond to defts dispositive motions and exten of PTO [95-1] (cpriestley)
 96 Filed: 7/9/1991, Entered: 7/10/1991 Case Reassignment Notice Court Filing
Notice of Reassignment to Judge John Jelderks (cpriestley)
 97 Filed: 7/10/1991, Entered: 7/11/1991 Motion Hearing
RECORD OF Tel Hrg: Court reporter, Jerry Harris. granting motion to compel discv deadline. Order - pltfs motion [71-1] to compel discv from deft Ferrelgas is allowed. Pltfs motion for limited exten of discv is considered [74-1] moot. ntfd Magistrate William M. Dale (cpriestley)
 98 Filed: 7/22/1991, Entered: 7/23/1991 Motion Hearing Court Filing
RECORD OF granting motion to extend time to respond to defts dispositive motions and exten of PTO [95-1] PTO due 9/6/91 Judge John Jelderks (cpriestley)
 99 Filed: 8/1/1991, Entered: 8/1/1991 Memorandum in Opposition
Memorandum by plaintiff Richard Bonacci in opposition to motion for summary judgment [91-1], motion for summary judgment [87-1] o/a req (cpriestley)
 100 Filed: 8/1/1991, Entered: 8/1/1991 Memorandum in Opposition
Memorandum by plaintiff Richard Bonacci in opposition to motion for summary judgment [91-1] (cpriestley)
 101 Filed: 8/1/1991, Entered: 8/1/1991 Concise Statement of Material Fact
Statement of facts of material facts in oppos to deft Ferrellgas motion for summary judgment. o/a req (cpriestley)
 102 Filed: 8/1/1991, Entered: 8/1/1991 Affidavit
AFFIDAVIT of Susan Stoner re [100-1] (cpriestley)
 103 Filed: 8/1/1991, Entered: 8/2/1991 Memorandum in Opposition
Memorandum by plaintiff Richard Bonacci in opposition to motion to dismiss [90-1] o/a req (cpriestley)
 104 Filed: 8/1/1991, Entered: 8/2/1991 Concise Statement of Material Fact
Statement of facts in support of motion for summary judgment [91-1], in support of motion for summary judgment [87-1], in support of motion for summary judgment [84-1] (cpriestley)
 105 Filed: 8/7/1991, Entered: 8/8/1991 Motion for Extension of Time to Answer a Complaint
MOTION by Ferrellgas, Inc. to extend time to answer to in which to file a reply mem in support of motion for sum/jgm #105 (cpriestley)
 106 Filed: 8/8/1991, Entered: 8/12/1991 Motion Hearing Court Filing
RECORD OF granting deft Ferrellgas motion to extend time to answer to in which to file a reply mem in support of motion for sum/jgm [105-1] 8/23/91 Inc. ntfd Judge John Jelderks (cpriestley)
 107 Filed: 8/21/1991, Entered: 8/22/1991 Motion Hearing Court Filing
RECORD OF order - setting the following motions #84, 87, 90, 93 on Judge Jelderks oral argument motion calendar of MON 9/23/91 at 10:00am in courtroom #52. ntfd Judge John Jelderks (cpriestley)
 108 Filed: 8/23/1991, Entered: 8/23/1991 Reply to Motion
REPLY by Ferrellgas, Inc. re [84-1] (cpriestley)
 109 Filed: 8/26/1991, Entered: 8/27/1991 Motion Hearing Court Filing
RECORD OF setting motion for summary judgment [84-1] setting motion for summary judgment [87-1]; setting motion to dismiss [90-1]; setting motion for summary judgment [91-1] 9/30/91 at 10:00 in courtroom #52. ntfd Judge John Jelderks (cpriestley)
 110 Filed: 8/29/1991, Entered: 8/29/1991, Terminated: 9/6/1991 Motion for Extension of Discovery & PTO Deadlines
MOTION by plaintiff Richard Bonacci to extend time for lodging pto #110 (former employee)
 111 Filed: 9/6/1991, Entered: 9/6/1991, Terminated: 9/25/1991 Motion for Clarification
MOTION by defendants' for clarification of discovery ord #111 suggestions in support; o/a req; certif. of compliance. (former employee)
 112 Filed: 9/6/1991, Entered: 9/9/1991 Motion Hearing Court Filing
RECORD OF ord granting pltf's unopposed motion to extend time for lodging pto [110-1]. pto to be lodged 30 days after parties receive the court's ruling on pending motions. , ntfd Judge John Jelderks (former employee)
 113 Filed: 9/13/1991, Entered: 9/13/1991 Response to Motion
RESPONSE by plaintiff Richard Bonacci to deft's motion for clarification of discovery ord [111-1] (former employee)
 114 Filed: 9/25/1991, Entered: 9/25/1991 Order Court Filing
ORDER n granting the req. disc, I intended to allow nationwide disc as to pltf's lst req. for prod. of nos 6,16,& 25, 2nd rq. for prod. no. 9, 4th req. for prod. no 10 & interrogs nos. 5 & 6. This was the only issue before me. As this case has been transferred to Magistrate Judge Jelderks, I leave to him the issue of whether pltf's are entitled to discovery regarding individuals who do not occupy the three "job categories". So Ord. [111-1] ntfd Signed 9/25/91 Magistrate William M. Dale (former employee)
 115 Filed: 9/30/1991, Entered: 10/1/1991 Motion Hearing Court Filing
RECORD OF hrg. on defts' mots 84,87,90,93. ORD taking the mot u/advise. F/R to follow. ntfd Judge John Jelderks C/reporter Ilene Tenbrook tape #17 (former employee)
 116 Filed: 10/3/1991, Entered: 10/7/1991 Motion Hearing Court Filing
RECORD OF ord denying as moot pltf's motion to setover of o/a on deft's three motions to dismiss [32-1] ntfd Judge John Jelderks (former employee)
 117 Filed: 10/9/1991, Entered: 10/15/1991 Findings & Recommendation Court Filing
FINDINGS AND RECOMMENDATION deft Ferrell's mot for s/j [84] should be Granted. Deft Gfeller's mot for s/j [87] should be Granted. Deft Ferrellgas's mots to dism [90] and for s/j [91] should be Granted. s/10/9/91 Judge John Jelderks ntfd (former employee)
 118 Filed: 10/18/1991, Entered: 10/18/1991, Terminated: 10/22/1991 Motion for Extension of Time
MOTION by plaintiffs to extend time to until 11/12/91 to file obj ot the F/R [117-1] #118 (former employee)
 119 Filed: 10/22/1991, Entered: 10/23/1991 Motion Hearing
RECORD OF ord granting pltf's motion to extend time to until 11/12/91 to file obj ot the F/R [117-1] # [118-1] ntfd Honorable Owen M. Panner (former employee)
 120 Filed: 11/1/1991, Entered: 11/4/1991 Motion for Extension of Discovery & PTO Deadlines
MOTION by plaintiff to extend pretrial ord deadlines #120 (former employee)
 121 Filed: 11/6/1991, Entered: 11/6/1991 Motion Hearing Court Filing
RECORD OF ord granting pltf's motion to extend pretrial ord deadlines [120-1]. PTO is due 10 days after the district court ruling on the objs. to F/R. , ntfd Judge John Jelderks (former employee)
 122 Filed: 11/12/1991, Entered: 11/12/1991 Objections to Findings & Recommendation
Objections by plaintiff to [117-1] findings and recommendation ; o/a req. (former employee)
 -- Filed: 11/26/1991, Entered: 11/26/1991, Terminated: 1/6/1992 Order
Findings and Recommendations referred to Honorable Owen M. Panner re motion deft Ferrell's mot for s/j [84] should be Granted. Deft Gfeller's mot for s/j [87] should be Granted. Deft Ferrellgas's mots to dism [90] and for s/j [91] should be Granted. [117-1] (former employee)
 123 Filed: 11/26/1991, Entered: 11/26/1991 Response to Objections to Findings & Recommendatio
Response to defendant to pltf's objs to Findings and Recommendations motion deft Ferrell's mot for s/j [84] should be Granted. Deft Gfeller's mot for s/j [87] should be Granted. Deft Ferrellgas's mots to dism [90] and for s/j [91] should be Granted. [117-1] ] (former employee)
 124 Filed: 12/10/1991, Entered: 12/10/1991, Terminated: 12/20/1991 Motion to Withdraw/Substitute Attorney
MOTION by plaintiff Richard Bonacci to withdraw Susan L. Stoner as attorney of record for pltf (former employee)
 125 Filed: 12/20/1991, Entered: 12/26/1991 Motion Hearing Court Filing
RECORD OF ord granting pltf's motion to withdraw Susan L. Stoner as attorney of record for pltf [124-1] ntfd Judge John Jelderks Court Rptr none (former employee)
 126 Filed: 1/6/1992, Entered: 1/6/1992 Order
ORDER adopting F/R that deft Ferrell's mot for s/j [84] should be Granted; that deft Gfeller's mot for s/j [87] should be Granted & that deft Ferrellgas's mot for s/j [91] should be Granted. I remand deft Ferrellgas's mot to dism [90] for further consideration by Magistrate Jelderks of pltf's arg raised before Magistrate Jelderks at o/a, that his termination was against the public policy in support of work place safety & general public safety with regard to the transportation of hazardous materials. ntfd Signed 1/6/92 microfilmed & eod 1/6/92 Honorable Owen M. Panner (former employee)
 128 Filed: 2/3/1992, Entered: 2/5/1992 Motion Hearing Court Filing
RECORD OF t/conf. ORD pltf may file w/in 1 week an amended complaint specifically setting forth the w rongful discharge claim. Defts may file mot/briefing in opposit to the amended complt w/in 2 weeks, with responsive briefing due w/in 2 weeks & reply briefing due w/in 10 days. , ntfd Judge John Jelderks Court Rptr none (former employee)
 127 Filed: 2/5/1992, Entered: 2/5/1992 Description not available
2nd AMENDED complaint [38-1] & [1-1] ; J/T demanded (former employee)
 129 Filed: 2/21/1992, Entered: 2/21/1992, Terminated: 7/1/1992 Motion to Dismiss
MOTION by defendant Ferrellgas, Inc. to dismiss pltf's 2nd amended complt for failure to state a claim ; mot to strike & req. for reconsideration (former employee)
 130 Filed: 2/21/1992, Entered: 2/21/1992 Memorandum in Support
MEMORANDUM by defendant Ferrellgas, Inc. in support of motion to dismiss pltf's 2nd amended complt for failure to state a claim ; mot to strike & req. for reconsideration [129-1] (former employee)
 131 Filed: 2/21/1992, Entered: 2/21/1992 Description not available
ANSWER by defendant Ferrellgas, Inc. to pltf's 2nd amended complaint. (former employee)
 132 Filed: 2/24/1992, Entered: 2/24/1992 Motion Hearing Court Filing
RECORD OF ord setting deft Ferrellgas's motion to dismiss pltf's 2nd amended complt for failure to state a claim ; mot to strike & req. for reconsideration [129-1] on m/c of 3/30/92 (noa) ntfd Judge John Jelderks Court Rptr none (former employee)
 133 Filed: 2/28/1992, Entered: 2/28/1992 Motion Hearing Court Filing
RECORD OF ord resetting deft Ferrellgas's motion to dismiss pltf's 2nd amended complt for failure to state a claim ; mot to strike & req. for reconsideration [129-1] from noa calendar to the m/c of 3/31/92 at 10am. ntfd Judge John Jelderks Court Rptr none (former employee)
 134 Filed: 3/5/1992, Entered: 3/5/1992 Response to Motion
MEMO in opposition by plaintiff to Ferrellgas' motion to dismiss pltf's 2nd amended complt for failure to state a claim ; mot to strike & req. for reconsideration [129-1] (former employee)
 135 Filed: 3/23/1992, Entered: 3/23/1992 Reply to Motion
Reply by defendant Ferrellgas Inc to pltf's memorandum in opposition motion to its dismiss pltf's 2nd amended complt for failure to state a claim ; mot to strike & req. for reconsideration [129-1] (former employee)
 136 Filed: 3/24/1992, Entered: 3/25/1992 Motion to Strike
MOTION by plaintiff Richard Bonacci to strike deft's reply brief o/a req. (former employee)
 137 Filed: 3/31/1992, Entered: 4/1/1992 Motion Hearing Court Filing
RECORD OF mot hrg [129]. F/R to follow. ORD deft shall submit a settlement proposal to pltf w/in 2 weeks of receiving the F/R on deft's mots. ntfd Judge John Jelderks Court Rptr TenBrook tapes 130 & 131 (former employee)
 138 Filed: 4/16/1992, Entered: 4/16/1992, Terminated: 7/1/1992 Findings & Recommendation Court Filing
FINDINGS AND RECOMMENDATION/ORDER deft Ferrellgas's mot to dism pltf's wrongful discharge claim & to strike the related claim for compensatory & punitive dmgs [129-1] should be Granted, the mot for reconsideration of the ord allowing amendment of the complaint is Denied. Pltf's wrongful discharge claim should be construed as a statutory claim for discrimination against an employee for opposing unsafe practices. s/4/15/92 Judge John Jelderks ntfd (former employee) Modified on 04/16/1992
 139 Filed: 4/24/1992, Entered: 4/24/1992 Objections to Findings & Recommendation
Objections by plaintiff Richard Bonacci to [138-1] findings and recommendation or in the alt. mot for certification under ORS 28.200; o/a req. (former employee)
 140 Filed: 5/6/1992, Entered: 5/6/1992 Motion Hearing Court Filing
RECORD OF ord deft shall submit a settlement proposal to pltf w/in 10 days of the parties receipt of the ord reviewing the F/R. ntfd Judge John Jelderks Court Rptr none (former employee)
 141 Filed: 5/8/1992, Entered: 5/8/1992 Response to Objections to Findings & Recommendatio
Deft Ferrellgas' response to pltf's obj. to F/R [138-1] ] or in the alt, mot for certification under ORS 28.200 (former employee)
 -- Filed: 5/14/1992, Entered: 5/14/1992, Terminated: 7/1/1992 Order
Findings and Recommendations referred to Honorable Owen M. Panner re motion deft Ferrellgas's mot to dism pltf's wrongful discharge claim & to strike the related claim for compensatory & punitive [129-1] should be Granted, the mot for reconsideration of the ord allowing amendment of the complaint is Denied. [138-1] (former employee)
 142 Filed: 7/1/1992, Entered: 7/1/1992 Order
ORDER adopting F/R [138] that deft Ferrellgas's mots to dism pltf's wrongful discharge claim & to strike [136] the related claim for compensatory & punitive damages [129] should be Granted & the mot for reconsideration of the order allowing amendment to the complaint is Denied. Pltf's wrongful discharge claim should be construed as a statutory claim for discrimination against an employee for opposing unsafe practices. So Ord. ntfd Signed 6/30/92 microfilmed & eod 7/1/92 Honorable Owen M. Panner (former employee)
 143 Filed: 7/22/1992, Entered: 7/22/1992, Terminated: 7/28/1992 Motion to Withdraw/Substitute Attorney
MOTION by plaintiff Richard Bonacci to withdraw David S Paull as attorney (former employee)
 144 Filed: 7/24/1992, Entered: 7/27/1992 Motion for Extension of Discovery & PTO Deadlines
JOINT MOTION by parties to extend pto deadline exp. hrg. req. (former employee)
 145 Filed: 7/28/1992, Entered: 7/28/1992 Motion Hearing Court Filing
RECORD OF ord granting joint motion to extend pto deadline [144-1] to & including 8/14/92. , ntfd Judge John Jelderks Court Rptr none (former employee)
 146 Filed: 7/28/1992, Entered: 7/28/1992 Motion Hearing Court Filing
RECORD OF ord granting motion to withdraw David S Paull as attorney [143-1] for Richard Bonacci ntfd Judge John Jelderks Court Rptr none (former employee)
 147 Filed: 8/5/1992, Entered: 8/5/1992, Terminated: 8/7/1992 Motion for Limited Admission
MOTION by defendant Ferrellgas, Inc. for limited admission of R. Pete Smith (former employee)
 148 Filed: 8/5/1992, Entered: 8/5/1992, Terminated: 8/7/1992 Motion
MOTION by defendant Ferrellgas, Inc. for subst. of R. Pete Smith as atty inplace of Steve Denton & Beth Pelkey (former employee)
 149 Filed: 8/7/1992, Entered: 8/7/1992 Motion Hearing Court Filing
RECORD OF ord granting deft Ferrellgas's mot to admit (R. Pete Smith) pro hac vice [147] & deft Ferrellgas's mot for substitution of counsel (R. Pete Smith in place of Steve Denton & Beth Pelkey) [148]. ntfd Judge John Jelderks Court Rptr none (former employee)
 -- Filed: 9/1/1992, Entered: 9/1/1992 Proposed Pretrial Order - Joint
LODGED: Pretrial Order (former employee)
 150 Filed: 9/4/1992, Entered: 9/8/1992 Motion Hearing Court Filing
RECORD OF ORDER Case reassigned to Honorable Owen M. Panner , ntfd Judge John Jelderks Court Rptr none (former employee)
 151 Filed: 11/6/1992, Entered: 11/13/1992 Motion Hearing
RECORD OF ORDER: before Honorable Owen M. Panner telephone conference set for 8:15 11/24/92 re trial schedule (cc: Counsel notified) Court Rptr none (former employee)
 152 Filed: 11/24/1992, Entered: 11/30/1992 Motion Hearing
RECORD OF PROCEEDINGS: before Honorable Owen M. Panner ; pretrial conference set for 2:30 2/15/93 ; jury trial set for 9:00 3/16/93 telephone conference held 11/24/92 ORDER establishing trial & PTC dates & procedures attached) (cc: Counsel notified) Court Rptr Joe McCloskey (former employee)
 153 Filed: 1/29/1993, Entered: 1/29/1993 Motion Hearing
RECORD OF ORDER before Honorable Owen M. Panner - This case has been settled. Strike pretrial conference set for 2/15/93 & jury trial set for 3/16/93 (cc: Counsel notified) Court Rptr none (former employee)
 154 Filed: 1/29/1993, Entered: 1/29/1993 Order
ORDER OF DISMISSAL - 30 day dismissal order. Signed Deputy/Clerk C. Skopil 1/29/93 (cc: Counsel notified) (former employee)
 -- Filed: 7/2/1996, Entered: 7/2/1996 Federal Records Center Information
CASE FILE SENT TO THE FRC Accession number 21-96-0079 Location number 3019241 Box 23 & 24 of 167 (former employee)

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