Colorado District Court, Case No. 1:02-cv-00207-LTB-OES:
Clayton v. Hillick, et al
Judge Lewis T. Babcock, presiding

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No Logo Joy E. Clayton, Plaintiff

Robert C. Ozer
Phone: +1 719 636 1900
Fax: +1 719 636 1917

v.
Safeway Inc., Defendant

Kimberley Dempster Neilio
Holland & Hart LLP
Phone: +1 303 295 8000
Fax: +2958 295 295 8261
E-Mail: kneilio@hollandhart.com

Gregory Alan Eurich
Holland & Hart LLP
Phone: +1 303 295 8166
Fax: +1 303 975 5464
E-Mail: geurich@hollandhart.com

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Office Denver
Filed 2/4/2002
Jury Demand Plaintiff
Demand $0
Nature of Suit 442 - Civil Rights: Jobs
Cause Section 42 U.S.C. § 2000e Job Discrimination (Employment)
Jurisdiction Federal Question
Disposition Dismissed - Other
County El Paso
Terminated 3/15/2004
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 04-1134[]
Def Custody Status
Flag TERMED
 -- Filed: 2/4/2002, Entered: 2/4/2002 Filing Fee Received
FILING FEE PAID: on 2/4/02 in the amount of $ 150, receipt # 238247. (bpm)
 1 Filed: 2/4/2002, Entered: 2/4/2002 Complaint
COMPLAINT (Summons(es) issued); jury demand (bpm)
 2 Filed: 2/19/2002, Entered: 2/21/2002 Summons Returned Executed
RETURN OF SERVICE of Summons and Complaint upon defendant Safeway Inc. by leaving with Pam Trujillo, process clerk for the Corporation Service Company, registered agent for Safeway, Inc., on 2/12/02 (former empl)
 3 Filed: 2/27/2002, Entered: 2/27/2002 Summons Returned Executed
RETURN OF SERVICE of Summons and Complaint personally upon defendant James Hillick on 2/18/02 (former empl)
 4 Filed: 3/8/2002, Entered: 3/8/2002, Terminated: 3/11/2002 Motion for Extension of Time to File Answer
MOTION by defendant Safeway Inc. to extend time to answer to and including 3/28/02 (former empl)
 5 Filed: 3/11/2002, Entered: 3/11/2002 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock granting dft's motion to extend time to answer to and including 3/28/02 [4-1] (cc: all counsel) ; entry date : 3/11/02 (former empl)
 6 Filed: 3/11/2002, Entered: 3/11/2002, Terminated: 3/12/2002 Motion for Extension of Time to File Answer
MOTION by defendant James Hillick to extend time to answer to and including 3/28/02 (former empl)
 7 Filed: 3/12/2002, Entered: 3/13/2002 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock granting motion to extend time to answer to and including 3/28/02 [6-1] (cc: all counsel) ; entry date : 3/13/02 (former empl)
 8 Filed: 3/28/2002, Entered: 4/1/2002, Terminated: 3/29/2002 Motion for Extension of Time to File Answer
MOTION by defendant James Hillick to extend time to answer to and including 4/17/02 (former empl)
 9 Filed: 3/28/2002, Entered: 4/1/2002 Answer to Complaint
ANSWER by defendant Safeway Inc. to complaint [1-1] (former empl)
 10 Filed: 3/29/2002, Entered: 4/1/2002 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock granting to 4/17/02, dft Hillick's motion to extend time to answer to and including 4/17/02 [8-1] (cc: all counsel) ; entry date : 4/1/02 (former empl)
 11 Filed: 4/15/2002, Entered: 4/16/2002, Terminated: 3/21/2003 Motion to Dismiss
MOTION by defendant James Hillick to dismiss for failure to state a claim (dlb)
 12 Filed: 4/18/2002, Entered: 4/18/2002, Terminated: 4/22/2002 Motion to Withdraw as Attorney
MOTION by David Koppa counsel for defendant James Hillick to withdraw as dft's attorney (former empl)
 13 Filed: 4/22/2002, Entered: 4/23/2002 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock granting motion to withdraw as dft's attorney [12-1] attorney Kimberley Ann Dempster for James Hillick (cc: all counsel) ; entry date : 4/23/02 (dlb)
 14 Filed: 4/29/2002, Entered: 4/30/2002, Terminated: 4/30/2002 Motion for Extension of Time
MOTION by plaintiff Joy E. Clayton to extend time to respond to dfts' motion to dismiss to and including 5/10/02 certification of complaince with LR 7.1 (former empl)
 15 Filed: 4/30/2002, Entered: 5/1/2002 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock granting motion to extend time to respond to dfts' motion to dismiss to and including 5/10/02 [14-1], regarding [11-1] motion to dismiss for failure to state a claim (cc: all counsel) ; entry date : 5/1/02 (dlb)
 16 Filed: 5/10/2002, Entered: 5/13/2002 Response to Motion
RESPONSE by plaintiff Joy E. Clayton to motion to dismiss for failure to state a claim [11-1] (former empl)
 17 Filed: 5/17/2002, Entered: 5/17/2002 Reply to Response to Motion
REPLY by defendant James Hillick to response to motion to dismiss for failure to state a claim [11-1] (former empl)
 18 Filed: 10/28/2002, Entered: 10/29/2002 Notice of Change of Address
NOTICE of Change of address of David Koppa by defendant James Hillick (former empl)
 46 Filed: 2/2/2003, Entered: 2/3/2004 Motion for Extension of Time
Unopposed MOTION by plaintiff to extend to time to 3/2/04 to respond to dfts' motion for summary judgment (former empl)
 19 Filed: 3/21/2003, Entered: 3/24/2003 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock granting motion to dismiss for failure to state a claim [11-1] dismissing party James Hillick ; dft Hillick may have costs upon filing bill of costs within 10 days (cc: all counsel) ; entry date : 3/24/03 (pap)
 20 Filed: 3/25/2003, Entered: 3/27/2003 Order Referring Case to Magistrate Judge Court Filing
ORDER R16 stat stlmt pt pto Case referred to Magistrate Judge O. E. Schlatter signed 3/25/03 by Chief Judge Lewis T. Babcock (cc: to counsel) (former empl)
 21 Filed: 3/27/2003, Entered: 3/27/2003 Rule 16 Conference Court Filing
ORDER FOR RULE 16 CONFERENCE by Magistrate Judge O. E. Schlatter ; Rule 16 conference set for 10:00 4/10/03 (cc: all counsel) (former empl)
 22 Filed: 4/10/2003, Entered: 4/11/2003 Minutes - Miscellaneous Court Filing
COURTROOM MINUTES by Magistrate Judge O. E. Schlatter ; rule 16 conf held on 4/10/03 ; discovery ddl set 10/31/03 ; disp mtn ddl set 12/5/03 ; settlement conf set for 1:30 7/1/03 ; pretrial conf set for 9:00 1/15/04 ; jury trial set for 4/12/04 ; Trial prep conference set for 8:00 3/16/04 ; scheduling order signed; entry date : 4/11/03 Court Reporter: OES Tape 2003-7 (former empl)
 23 Filed: 4/10/2003, Entered: 4/11/2003 Scheduling Order Court Filing
SCHEDULING ORDER signed 4/10/03 Magistrate Judge O. E. Schlatter ; Discovery cutoff 10/31/03 ;dispositive motions due 12/5/03 ; settlement conference 1:30 7/1/03 ;pretrial conference set 9:00 1/15/04 ; Trial prep conference set for 8:00 3/16/04 ; 4 day jury trial set for 4/12/04 (cc: all counsel) (former empl)
 24 Filed: 4/10/2003, Entered: 4/11/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf set for 1:30 7/1/03 ; pretrial conf set for 9:00 1/15/04 (cc: all counsel) ; entry date : 4/11/03 (former empl)
 25 Filed: 4/11/2003, Entered: 4/11/2003 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [23-1] schedule order ; 4 day jury trial set for 8:30 4/12/04 ; Trial prep conference set for 8:00 3/16/04 (cc: all counsel) ; entry date : 4/11/03 (former empl)
 26 Filed: 6/10/2003, Entered: 6/10/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge O. E. Schlatter regarding [23-1] schedule order ; settlement conf set for 7/1/03 is vacated and reset at 3:00 7/7/03 (cc: all counsel) ; entry date : 6/10/03 (former empl)
 27 Filed: 7/7/2003, Entered: 7/9/2003 Memorandum Court Filing
MEMORANDUM by Magistrate Judge O. E. Schlatter regarding [23-1] schedule order ; settlement conf held 7/7/03 (former empl)
 28 Filed: 9/2/2003, Entered: 9/3/2003 Protective Order Court Filing
Stipulated PROTECTIVE ORDER signed 8/21/03 by Magistrate Judge O. E. Schlatter setting forth discovery of confidential materials : (cc 9/2/03: all counsel) (former empl)
 29 Filed: 10/28/2003, Entered: 10/29/2003, Terminated: 10/30/2003 Motion to Dismiss
Stipulation (MOTION) by plaintiff Joy E. Clayton, defendant Safeway Inc. to dismiss pla's third cause of action for defamation (dlb)
 30 Filed: 10/30/2003, Entered: 10/30/2003 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock granting motion to dismiss pla's third cause of action for defamation [29-1] regarding pla's [1-1] complaint (cc: all counsel) ; entry date : 10/30/03 (dlb)
 31 Filed: 10/31/2003, Entered: 10/31/2003, Terminated: 11/3/2003 Motion for Extension of Time
Unopposed MOTION by plaintiff Joy E. Clayton to extend time to 12/5/03 to complete discovery and for dispo motions (dlb)
 32 Filed: 10/31/2003, Entered: 11/3/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge O. E. Schlatter the motion to extend time to 12/5/03 to complete discovery and for dispo motions [31-1] (former empl)
 33 Filed: 11/3/2003, Entered: 11/4/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting motion to extend time to 12/5/03 to complete discovery and for dispo motions [31-1] ; discovery ddl set 12/15/03 ; disp mtn ddl set 12/19/03 (cc: all counsel) ; entry date : 11/4/03 (dlb)
 34 Filed: 12/15/2003, Entered: 12/15/2003, Terminated: 12/16/2003 Motion for Extension of Time
Unopposed MOTION by plaintiff Joy E. Clayton to extend time to complete discovery (to 1/14/04) and of dispositive motion deadline (to 1/2/03 (sic)) (former empl)
 35 Filed: 12/15/2003, Entered: 12/16/2003 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge O. E. Schlatter the motion to extend time to complete discovery (to 1/14/04) and of dispositive motion deadline (to 1/2/03 (sic)) [34-1] (former empl)
 36 Filed: 12/16/2003, Entered: 12/16/2003 Order Court Filing
MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting pltf's unopposed motion to extend time to complete discovery (to 1/14/04) and of dispositive motion deadline (to 1/2/03 (sic)) [34-1], regarding [23-1] schedule order ; discovery ddl set 1/14/04 ; disp mtn ddl set 1/2/04 (cc: all counsel) ; entry date : 12/16/03 (former empl)
 37 Filed: 1/2/2004, Entered: 1/5/2004, Terminated: 1/6/2004 Motion for Extension of Time
MOTION by defendant Safeway Inc. to extend tgime to 1/12/04 to file dispo motions (dlb)
 38 Filed: 1/5/2004, Entered: 1/6/2004 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge O. E. Schlatter the motion to extend tgime to 1/12/04 to file dispo motions [37-1] (former empl)
 39 Filed: 1/6/2004, Entered: 1/6/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge O. E. Schlatter oral motion to reset pretrial conference granted, amending [23-1] schedule order ; pretrial conf set for 9:45 2/18/04 (cc: all counsel) ; entry date : 1/6/04 (former empl)
 40 Filed: 1/6/2004, Entered: 1/6/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting dft's motion to extend time to 1/12/04 to file dispo motions [37-1] (cc: all counsel) ; entry date : 1/6/04 (former empl)
 41 Filed: 1/12/2004, Entered: 1/13/2004, Terminated: 1/14/2004 Motion for Extension of Time
Second MOTION by defendant Safeway Inc. to extend time to file dispositive motions to 1/16/04 (former empl)
 42 Filed: 1/14/2004, Entered: 1/15/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting motion to extend time to file dispositive motions to 1/16/04 [41-1], regarding [23-1] schedule order ; disp mtn ddl set 1/16/04 (cc: all counsel) ; entry date : 1/15/04 (former empl)
 43 Filed: 1/16/2004, Entered: 1/21/2004, Terminated: 2/3/2004 Motion for Summary Judgment
MOTION by defendant Safeway Inc. for summary judgment (gms)
 44 Filed: 1/16/2004, Entered: 1/21/2004 Brief in Support of Motion
Memorandum BRIEF by defendant Safeway Inc. in support of motion for summary judgment [43-1] (gms)
 45 Filed: 1/16/2004, Entered: 1/21/2004 Appendix
APPENDIX filed by defendant Safeway Inc. to memorandum brief in support of motion for sum jgm [44-1] (gms)
 47 Filed: 2/3/2004, Entered: 2/3/2004 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [43-1] motion for summary judgment, granting motion to extend to time to 3/2/04 to respond to dfts' motion for summary judgment [46-1] (cc: all counsel) ; entry date : 2/3/04 (former empl)
 48 Filed: 2/18/2004, Entered: 2/18/2004, Terminated: 2/24/2004 Pretrial Order Court Filing
PRE-TRIAL ORDER by Magistrate Judge O. E. Schlatter ; jury trial set 8:30 4/12/04 (cc: all counsel) (former empl)
 49 Filed: 2/18/2004, Entered: 2/19/2004 Minutes - Miscellaneous Court Filing
COURTROOM MINUTES by Magistrate Judge O. E. Schlatter regarding [23-1] schedule order ; pretrial conf held 2/18/04 , pretrial order approved ; entry date : 2/19/04 Court Reporter: OES Civil Tape 2004-2 (former empl)
 50 Filed: 2/18/2004, Entered: 2/19/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge O. E. Schlatter regarding [23-1] schedule order ; further settlement conf set for 3:30 3/4/04 (cc: all counsel) ; entry date : 2/19/04 (former empl)
 51 Filed: 2/20/2004, Entered: 2/23/2004 Motion to Amend/Correct/Modify
MOTION by defendant Safeway Inc. to amend pre-trial order [48-1]i permitting it to add videotape exhibit to its exhibit list (former empl)
 52 Filed: 2/23/2004, Entered: 2/23/2004 Memorandum Court Filing
MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge O. E. Schlatter the motion to amend pre-trial order [48-1]i permitting it to add videotape exhibit to its exhibit list [51-1] (former empl)
 53 Filed: 2/24/2004, Entered: 2/24/2004 Response to Motion
RESPONSE by plaintiff Joy E. Clayton to motion for summary judgment [43-1] (former empl)
 54 Filed: 2/24/2004, Entered: 2/25/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting dft's unopposed motion to amend pre-trial order [48-1]i permitting it to add videotape exhibit to its exhibit list [51-1], regarding [48-1] pre-trial order order (cc: all counsel) ; entry date : 2/25/04 (former empl)
 55 Filed: 3/3/2004, Entered: 3/3/2004 Reply to Response to Motion
REPLY by defendant Safeway Inc. in support of its motion for summary judgment [43-1] (former empl)
 56 Filed: 3/8/2004, Entered: 3/9/2004 Order Court Filing
MINUTE ORDER : by Magistrate Judge O. E. Schlatter regarding [23-1] schedule order ; settlement conf held 3/4/04 ;case settled; dsm papers ddl set for 3/26/04 (cc: all counsel) ; entry date : 3/9/04 (former empl)
 57 Filed: 3/9/2004, Entered: 3/10/2004, Terminated: 3/15/2004 Order Court Filing
ORDER signed 3/9/4 by Chief Judge Lewis T. Babcock granting motion for summary judgment [43-1] as set forth, Ordering: case dismissed and dft awarded costs (cc: all counsel) ; entry date : 3/10/04 (former empl)
 58 Filed: 3/15/2004, Entered: 3/15/2004 Judgment
JUDGMENT: by Stephen P. Ehrlich, Chief Deputy Clerk for Clerk Gregory C. Langham pursuant to Order of 3/9/04 [57-1] order,i granting dft's motion for summary judgment and the [19-2] order of 3/21/03 granting dft Hillick's motion to dismiss; Ordered: judgment entered for dfts Hilick and Safeway, Inc and against pltf Clayton and the action and complaint are dismissed; dfts to have their costs on the filing of bills of costs within 10 days after the filing of this judgment (cc: all counsel) ; entry date : 3/15/04 (former empl)
 59 Filed: 3/18/2004, Entered: 3/19/2004 Motion to Enforce
MOTION by plaintiff Joy E. Clayton to enforce settlement agreement (former empl)
 61 Filed: 3/18/2004, Entered: 3/19/2004 Order Court Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [60-1] motion to stay court's order for summary judgmetn and vacate the judgment, regarding [59-1] motion to enforce settlement agreement: dft has until 4/6/04 to respond (cc: all counsel) ; entry date : 3/19/04 (former empl)
 60 Filed: 3/19/2004, Entered: 3/19/2004, Terminated: 3/22/2004 Motion to Stay
MOTION by plaintiff Joy E. Clayton to stay court's order for summary judgmetn and vacate the judgment (former empl)
 62 Filed: 3/19/2004, Entered: 3/22/2004 Response to Motion
RESPONSE by defendant Safeway Inc. to motion to enforce settlement agreement [59-1], motion to stay court's order for summary judgment and vacate the judgment [60-1] (former empl)
 63 Filed: 3/22/2004, Entered: 3/24/2004 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock denying motion to stay court's order for summary judgmetn and vacate the judgment [60-1], denying motion to enforce settlement agreement [59-1] (cc: all counsel) ; entry date : 3/24/04 (former empl)
 64 Filed: 3/23/2004, Entered: 3/24/2004 Stipulation
STIPULATION to bill of costs by plaintiff Joy E. Clayton, defendant Safeway Inc. (former empl)
 65 Filed: 3/23/2004, Entered: 3/24/2004 Costs Taxed
Bill of COSTS taxed judgment [58-2] for defendant Safeway Inc. in the amount of $ 869.15 against plaintiff Joy E. Clayton (cc: all counsel) (former empl)
 -- Filed: 4/6/2004, Entered: 4/7/2004 USCA Appeal Fees
$250.00 fee and $5.00 fee paid. Receipt No 250957. re: appeal [67-1] (msn)
 66 Filed: 4/6/2004, Entered: 4/7/2004 Notice of Change of Address
NOTICE of Change of Address of Ozer & Ozer, P.C. by plaintiff (msn)
 67 Filed: 4/6/2004, Entered: 4/7/2004 Notice of Appeal
NOTICE OF APPEAL by plaintiff re: order [19-2] filed 3/21/03, order [57-1] filed 3/9/04 and judgment [58-2] filed 3/15/04; Notice of transcript order form due 4/16/04; Notice mailed to all counsel on 4/8/04 (msn)
 68 Filed: 4/9/2004, Entered: 4/19/2004 Notice (Other)
NOTICE by defendant James Hillick of filing bankruptcy. (gms)
 69 Filed: 4/13/2004, Entered: 4/14/2004 USCA Case Number
NOTIFICATION by Circuit Court of assignment of Case No. [67-1] 04-1134 (msn)
 70 Filed: 4/14/2004, Entered: 4/15/2004 Transcript Order Form
NOTICE OF TRANSCRIPT ORDER FORM filed by plaintiff/appellant; a transcript is not necessary for this appeal [67-1] (msn)
 71 Filed: 4/19/2004, Entered: 4/19/2004 Letter re Appeal
LETTER (Re: [67-1]) to USCA and all counsel advising that the record is now complete...a transcript is not necessary for this appeal (msn)
 72 Filed: 4/21/2004, Entered: 4/22/2004 Order to Show Cause Court Filing
ORDER TO SHOW CAUSE: by Chief Judge Lewis T. Babcock returnable 5/7/04 by Pla and Dft are directed to Show Cause in writing why this case should not be stayed and administratively closed. In the event no cause is shown, this case shall be stayed and closed without further notice to any party (cc: all counsel) (erv)
 73 Filed: 4/26/2004, Entered: 4/26/2004 Response to Order to Show Cause
Response to ORDER to show cause by plaintiff Joy E. Clayton [72-1] (erv)
 74 Filed: 4/26/2004, Entered: 4/27/2004 Response to Order to Show Cause
Response to ORDER to show cause by defendant Safeway Inc. [72-1] (erv)
 75 Filed: 5/4/2004, Entered: 5/5/2004 Order Court Filing
ORDER by Chief Judge Lewis T. Babcock DISCHARGING order to show cause [72-1] (cc: all counsel) ; entry date : 5/5/04 (erv)
 76 Filed: 12/27/2004, Entered: 12/28/2004 USCA Mandate
MANDATE of USCA issued on 12/27/4 as to [67] Notice of Appeal filed by Joy E. Clayton. Order on 12/27/04 dismissing the appeal. (djs, )

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