Zelaya v. Coca-Cola Company
Federal Civil Lawsuit Arizona District Court, Case No. 2:01-cv-00007-SMM
District Judge Stephen M. McNamee, presiding

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No Logo Melvin Zelaya, Plaintiff

Toggle Switch Represented by Stegall Katz & Whitaker PC

Name Phone Fax E-Mail
Space Philip B Whitaker +1 602 241 9221 +1 602 285 1486 pwhitaker@skw-law.com
v.
Coca-Cola Enterprises, Inc. Coca-Cola Enterprises, Inc., Defendant
Officially listed as "Coca-Cola Company"

Toggle Switch Represented by Coca-Cola Enterprises, Inc.

Name Phone Fax E-Mail
Space Elizabeth Finn Johnson +1 404 676 3736 eljohnson@na.ko.com

Toggle Switch Represented by Quarles & Brady LLP

Name Phone Fax E-Mail
Space Lonnie James Williams +1 602 229 5300 +1 602 420 5001 lwilliams@quarles.com
Office Phoenix Division
Filed 1/2/2001
Jury Demand Plaintiff
Demand $0
Nature of Suit 442 - Civil Rights: Employment
Cause Section 42 U.S.C. § 2000e Job Discrimination (Employment)
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County Maricopa
Terminated 12/18/2003
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case CV2000-021473[Sup Ct Maricopa]
Def Custody Status
Flags STD, TERMED
  Entries (63) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 58 Filed: 4/14/2006, Entered: 4/14/2006 Appeal Record Returned
Appeal Record Returned: [49] Notice of Appeal; Number of Volumes of Clerk's Record: 2, Number of Bulky Documents: 1, Docket numbers of Bulky Document:#34, Number of Expandos: Expando Not Returned, Contents only were returned (LSP)
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    Legal Document 57 Filed: 1/13/2006, Entered: 1/13/2006 Mandate of 9th Circuit
    MANDATE of 9th Circuit (Certified Copy) affirming the decision of the District Court, case number 04-15030, as to [49] Notice of Appeal filed by Melvin Zelaya, (REW, )
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      Legal Document 56 Filed: 11/21/2005, Entered: 11/21/2005 Appeal Record Sent to USCA
      Transmitted Record on Appeal to 9th Circuit re [49] Notice of Appeal. Number of Volumes of Clerk's Record: 2; Number of Bulky Documents: 1; Docket Number of Bulky Document: #34; Number of Expandos: one; (REW, )
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        Blank 55 Filed: 6/21/2004, Entered: 6/22/2004 Notice of Change of Address
        NOTICE by dft Coca-Cola Company of change of address of counsel Lonnie J Williams Jr (address previously updated in system) (REW)
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          Blank 54 Filed: 4/30/2004, Entered: 4/30/2004 Order of 9th Circuit
          Copy of 9th Circuit Order; briefing schedule reset; court has determined that this appeal will not be selected for inclusion in the Mediation Program, re: 04-15030 [49-1] (cc: judge) (REW)
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            Blank 53 Filed: 4/5/2004, Entered: 4/5/2004 Order of 9th Circuit
            Copy of 9th Circuit Order; further assessment conference to be held by telephone on 4/13/04 at 11:00 am (CA time); briefing schedule vacated; new briefing schedule will be set after conference if appropriate, re: 04-15030 [49-1] (cc: judge) (REW)
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              Blank 52 Filed: 1/20/2004, Entered: 1/20/2004 Taxation of Costs
              TAXATION OF COSTS for dft Coca-Cola Company in the amount of $2,586.50 against pla Melvin Zelaya; amount to be made a part of the judgment (cc: all counsel/jdgmt drwr) (REW)
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                Blank -- Filed: 1/16/2004, Entered: 1/20/2004 Certificate of Record
                Certificate of Record Transmitted to 9th Circuit NOTICE OF APPEAL [49-1] (REW)
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                  Blank -- Filed: 1/13/2004, Entered: 1/13/2004 USCA Case Number
                  Notification by 9th Circuit of Appellate Docket Number 04-15030 re NOTICE OF APPEAL [49-1] (REW)
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                    Blank 51 Filed: 1/8/2004, Entered: 1/9/2004 Other Notice
                    NOTICE by pla Melvin Zelaya of filing docketing statement (REW)
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                      Blank 50 Filed: 1/8/2004, Entered: 1/9/2004 Transcript Order Form - Appeal
                      Notice of Transcript Designation by pla Melvin Zelaya re NOTICE OF APPEAL [49-1]; no transcripts to be ordered (10-day notice) (REW)
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                        Blank -- Filed: 1/5/2004, Entered: 1/5/2004 Notice of Appeal - Notification Form
                        APPEAL PACKET forwarded to all parties and 9th Circuit re: NOTICE OF APPEAL [49-1] (REW)
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                          Blank 49 Filed: 12/30/2003, Entered: 12/31/2003 Notice of Appeal
                          NOTICE OF APPEAL by pla Melvin Zelaya from District Court judgment [48-1], order [47-2], and memorandum of decision and order [42-1] (cc: 9CCA/All Counsel/judge) (former emp) Modified on 01/05/2004
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                            Blank -- Filed: 12/30/2003, Entered: 12/31/2003 USCA Appeal Fees
                            Received $255.00 appeal fee re NOTICE OF APPEAL [49-1] (former emp)
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                              Blank 48 Filed: 12/18/2003, Entered: 12/18/2003 Judgment*
                              JUDGMENT: that the Court has granted the Defendant's Motion for Summary Judgment re Plaintiff Melvin Zelaya's claims for: (1) age discrimination in violation of 29 USC section 621 et seq and ARS section 41-1463(B); (2) national origin discrimination in violation of 42 USC section 2000e-2(a) and ARS section 41-1463(B); (3) retaliation and (4) violating of 42 USC section 1981 [26-1] therefore, the Plaintiff shall take nothing. This complaint and action are hereby dismissed. (cc: all counsel) re: judgment [48-1] (SAT)
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                                Blank 47 Filed: 12/18/2003, Entered: 12/18/2003 OrderCourt Filing
                                ORDER by Judge Stephen M. McNamee that the Clerk of the Court shall terminate the action and enter judgment accordingly; case terminated ; FURTHER ORDERED that Plaintiff shall have until 1/15/04 within which to file any objections to Defendant's Application for Costs (cc: all counsel) (SAT)
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                                  Blank 46 Filed: 12/15/2003, Entered: 12/18/2003 Objection
                                  OBJECTIONS by pla to Coca Cola's (Application for Costs) Bill of Costs [45-1] (SAT)
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                                    Blank 43 Filed: 12/1/2003, Entered: 12/1/2003 Minute Order - MiscellaneousCourt Filing
                                    MINUTE ORDER: IT IS ORDERED setting this matter for a Final Pretrial Conference for Thursday, March 25, 2004 at 4:00 p.m. before Chief Judge Stephen M. McNamee in courtroom #605. Order to follow. (cc: all counsel/SMM) [43-2] (ALL)
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                                      Blank 45 Filed: 11/26/2003, Entered: 12/3/2003 Bill of Costs
                                      BILL OF COSTS submitted by dft Coca-Cola Company (SAT)
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                                        Blank 44 Filed: 11/26/2003, Entered: 12/3/2003 Other Notice
                                        NOTICE of Application for Costs by dft (SAT)
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                                          Blank 42 Filed: 11/20/2003, Entered: 11/20/2003 Memorandum and OrderCourt Filing
                                          MEMORANDUM OF DECISION AND ORDER by Judge Stephen M. McNamee: granting motion for partial Summary Judgment re Plaintiff Melvin Zelaya's claims for: (1) age discrimination in violation of 29 USC section 621 et seq and ARS section 41-1463(B); (2) national origin discrimination in violation of 42 USC section 2000e-2(a) and ARS section 41-1463(B); (3) retaliation and (4) violating of 42 USC section 1981 by dft [26-1]; denying as moot the motion to Strike Portions of Plaintiff's Separate Statement of Facts [34-1] by dft Coca-Cola Company [36-1] (cc: all counsel) (LAD)
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                                            Blank 41 Filed: 6/12/2003, Entered: 6/13/2003 Other Notice
                                            NOTICE by pla Melvin Zelaya of Recent US Supreme Court decision (FMP)
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                                              Blank 40 Filed: 3/21/2003, Entered: 3/26/2003 Reply to Response to Motion
                                              REPLY by dft to response to motion to Strike Portions of Plaintiff's Separate Statement of Facts [34-1] by dft Coca-Cola Company [36-1] (DMT)
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                                                Blank 39 Filed: 3/11/2003, Entered: 3/13/2003 Response to Motion
                                                RESPONSE by pla to Motion to Strike Portions of Plaintiff's Separate Statement of Facts [34-1] by dft Coca-Cola Company [36-1] (SAT)
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                                                  Blank 38 Filed: 2/24/2003, Entered: 2/25/2003 Supplement
                                                  SUPPLEMENTAL Statement of Facts [27-1] by dft Coca-Cola Company (SAT)
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                                                    Blank 37 Filed: 2/24/2003, Entered: 2/25/2003 Reply to Response to Motion
                                                    REPLY by dft Coca-Cola Company to response to Motion for partial Summary Judgment re Plaintiff Melvin Zelaya's claims for: (1) age discrimination, (2) national origin discrimination, (3) retaliation, (4) discrimination by dft [26-1] (SAT)
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                                                      Blank 36 Filed: 2/24/2003, Entered: 2/25/2003 Motion to Strike
                                                      MOTION to Strike Portions of Plaintiff's Separate Statement of Facts [34-1] by dft Coca-Cola Company [36-1] (SAT)
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                                                        Blank 35 Filed: 2/4/2003, Entered: 2/5/2003 Other Notice
                                                        NOTICE of Filing of the original, signed Declarations of Christine Hoeffler and Staci Taylor, to be attached in the place of Exhibits B and I to Pla's Objections to Dft's Statement of Facts and Pla's Separate Statement of Facts by pla (SAT)
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                                                          Blank 34 Filed: 1/24/2003, Entered: 1/29/2003 Statement
                                                          Separate STATEMENT OF FACTS by pla re Response to [33-1] Motion for partial Summary Judgment re Plaintiff Melvin Zelaya's claims for: (1) age discrimination, (2) national origin discrimination, (3) retaliation, (4) discrimination by dft [26-1] (SAT)
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                                                            Blank 34 Filed: 1/24/2003, Entered: 1/29/2003 Objection
                                                            OBJECTION by pla to Defendant's Statement of Facts [27-1] (SAT)
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                                                              Blank 33 Filed: 1/24/2003, Entered: 1/29/2003 Response to Motion
                                                              RESPONSE by pla to Motion for partial Summary Judgment re Plaintiff Melvin Zelaya's claims for: (1) age discrimination, (2) national origin discrimination, (3) retaliation, (4) discrimination by dft [26-1] (SAT)
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                                                                Blank 32 Filed: 1/16/2003, Entered: 1/16/2003 OrderCourt Filing
                                                                ORDER by Judge Stephen M. McNamee granting Stipulation to Extend Time to Postpone Filing of Responsive Pleading to Motion for partial Summary Judgment re Melvin Zelaya's claims for: (1) age discrimination, (2) national origin discrimination, (3) retaliation, (4) discrimination by dft [26-1] by pla, dft [31-1]; FURTHER ORDERED granting the time within which Plaintiff is to respond to Defendant's Motion for Partial Summary Judgment re Plaintiff Melvin Zelaya's for: (1) age discrimination, (2) national origin discrimination, (3) retaliation, (4) discrimination [26-1] until 1/24/03, Defendant's Reply in support thereof until 2/24/03 (cc: all counsel) (SAT)
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                                                                  Blank 31 Filed: 1/10/2003, Entered: 1/13/2003 Stipulation
                                                                  STIPULATION to Extend Time until 1/24/03 to Postpone Filing of Responsive Pleading to Motion for partial Summary Judgment re Plaintiff Melvin Zelaya's claims for: (1) age discrimination, (2) national origin discrimination, (3) retaliation, (4) discrimination by dft [26-1] by pla, dft (SAT)
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                                                                    Blank 30 Filed: 12/26/2002, Entered: 12/26/2002 OrderCourt Filing
                                                                    ORDER by Judge Stephen M. McNamee granting Motion to Postpone Filing of Responsive Pleading to defendant's motion for summary judgment until 1/14/03 by pla [28-1]; FURTHER ORDERED granting the time within which Plaintiff is to respond to Defendant's Motion for partial Summary Judgment re Plaintiff Melvin Zelaya's claims for: (1) age discrimination, (2) national origin discrimination, (3) retaliation, (4) discrimination [26-1], to be due on or before 1/14/03. Defendant's Reply in support thereof shall be due on or before 2/14/03; FURTHER ORDERED granting Motion for Postponement of Pretrial Conference (set for 1/9/03) by pla [28-2]; FURTHER ORDERED vacating the pretrial conference scheduled for 1/9/03 at 4:00 PM, to be reset upon a ruling on the dispositive motion ; pretrial conference vacated (cc: all counsel) (SAT)
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                                                                      Blank 29 Filed: 12/17/2002, Entered: 12/19/2002 Response to Motion
                                                                      RESPONSE by dft to Unopposed Motion to Postpone Filing of Responsive Pleading to defendant's motion for summary judgment until 1/14/03 by pla [28-1] and for Postponement of Pretrial Conference (set for 1/9/03) by pla [28-2] (SAT)
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                                                                        Blank 28 Filed: 12/13/2002, Entered: 12/17/2002, Terminated: 12/26/2002 Motion for Extension of Time
                                                                        Unopposed MOTION to Postpone Filing of Responsive Pleading to defendant's motion for summary judgment until 1/14/03 by pla [28-1] and for Postponement of Pretrial Conference (set for 1/9/03) by pla [28-2] (SAT)
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                                                                          Blank 27 Filed: 11/20/2002, Entered: 11/21/2002 Statement
                                                                          STATEMENT OF FACTS by dft Motion for partial Summary Judgment re Plaintiff Melvin Zelaya's claims for: (1) age discrimination, (2) national origin discrimination, (3) retaliation, (4) discrimination by dft [26-1] [26-1] (SAT)
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                                                                            Blank 26 Filed: 11/20/2002, Entered: 11/21/2002, Terminated: 1/16/2003 Motion for Partial Summary Judgment
                                                                            MOTION for partial Summary Judgment re Plaintiff Melvin Zelaya's claims for: (1) age discrimination, (2) national origin discrimination, (3) retaliation, (4) discrimination by dft [26-1] (SAT)
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                                                                              Blank 25 Filed: 9/18/2002, Entered: 9/23/2002 Other Notice
                                                                              First Supplemental Disclosure Statement pursuant to FRCivP 26(a) by pla (SAT)
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                                                                                Blank 24 Filed: 9/13/2002, Entered: 9/13/2002 OrderCourt Filing
                                                                                ORDER by Judge Stephen M. McNamee granting Stipulation to amend the Rule 16 Scheduling Order by pla, dft [23-1] ; discovery ddl re-set for 10/31/02, limited to the conducting of the depositions of Bill Wolfe (in Phoenix, AZ), and Mike Byrne (in Atlanta, GA) ; dispositive motions now due 11/20/02 ; Pretrial conference set for 4:00 1/9/03 (cc: all counsel) (SAT)
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                                                                                  Blank 23 Filed: 9/10/2002, Entered: 9/12/2002, Terminated: 9/13/2002 Stipulation
                                                                                  STIPULATION to amend the Rule 16 Scheduling Order by pla, dft (SAT)
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                                                                                    Blank 22 Filed: 7/8/2002, Entered: 7/8/2002 Minutes-MiscellaneousCourt Filing
                                                                                    MINUTE ENTRY before Judge Stephen M. McNamee. Crt Rptr: Gary Moll. APPEARING TELEPHONICALLY: Philip B Whitaker for plaintiff. Elizabeth Finn Johnson and Lonnie J. Williams Jr. for defendants. IT IS ORDERED granting in part and denying in part the motion to Compel Discovery by pla [19-1] as set forth on the record. The parties will try to resolve any further issues not addressed by the Court and if necessary, will request the Courts assistance on a very narrow basis. IT IS ORDERED directing the parties to submit a status report on what resolutions were reached. [cc: all counsel/MP] [22-1] (ALL)
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                                                                                      Blank 21 Filed: 6/26/2002, Entered: 6/26/2002 OrderCourt Filing
                                                                                      ORDER by Judge Stephen M. McNamee ; stay deadline set for 10/24/02 , case stayed as to the briefing on Plas Motion to Compel FURTHER ORDERED setting a telephonic hearing on Plaintiff's Motion to Compel Discovery [19-1] at 3:00 7/8/02 (cc: all counsel) (SAT)
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                                                                                        Blank 20 Filed: 6/21/2002, Entered: 6/24/2002 Declaration
                                                                                        DECLARATION of Philip B Whitaker re Motion to Compel Discovery by pla [19-1] by pla (SAT)
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                                                                                          Blank 19 Filed: 6/21/2002, Entered: 6/24/2002, Terminated: 7/8/2002 Motion to Compel
                                                                                          MOTION to Compel Discovery by pla [19-1] (SAT) Modified on 06/24/2002
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                                                                                            Blank 18 Filed: 6/12/2002, Entered: 6/12/2002 OrderCourt Filing
                                                                                            ORDER by Judge Stephen M. McNamee granting Stipulation to Amend [17-1] the Rule 16 Scheduling Order [13-1] by pla, dft FURTHER ORDERED continuing the discovery deadline from 6/1/02 to 8/30/02, limited to the depositions of Pat Regland, Beth Hufford, Craig Miller, Lisa Hess, Katherine Klutas and Michael DiLeonardo; discovery ddl re-set for 8/30/02 ;FURTHER ORDERED extending the dispositive motions ddl from 7/12/02 until 9/13/02; dispositive motions due 9/13/02 ;FURTHER ORDERED rescheduling the pretrial conference currently scheduled for 8/6/02; Pretrial conference re-set for 4:00 1/9/03 (cc: all counsel) (SAT)
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                                                                                              Blank 17 Filed: 6/7/2002, Entered: 6/10/2002, Terminated: 6/12/2002 Stipulation
                                                                                              STIPULATION to Amend the Rule 16 Scheduling Order [13-1] by extending the discovery ddl until 8/30/02; the dispositive motion ddl until 9/13/02; by pla, dft (SAT)
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                                                                                                Blank 16 Filed: 11/6/2001, Entered: 11/7/2001 Supplement
                                                                                                FIRST SUPPLEMENTAL Notice of Disclosure Stmt [15-1] by pla (former emp)
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                                                                                                  Blank 15 Filed: 10/26/2001, Entered: 11/5/2001 Other Notice
                                                                                                  NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla (former emp)
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                                                                                                    Blank 14 Filed: 10/26/2001, Entered: 11/5/2001 Other Notice
                                                                                                    NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft (former emp)
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                                                                                                      Blank 13 Filed: 10/11/2001, Entered: 10/11/2001 Scheduling OrderCourt Filing
                                                                                                      SCHEDULING ORDER by Judge Stephen M. McNamee ; discovery due 7/12/02 ; Pretrial conference set for 4:00 8/6/02 (cc: all counsel) re: order (scheduling) [13-1] (former emp)
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                                                                                                        Blank 12 Filed: 10/10/2001, Entered: 10/11/2001 Minutes-MiscellaneousCourt Filing
                                                                                                        MINUTE ENTRY before Judge Stephen M. McNamee. Crt Rptr: David Lee. PRESENT: Philip B Whitaker for plaintiff. Plaintiff, Melvin Zelaya. Lonnie J Williams for defendant. Michael Di Leonardo, Manager, Sales Department. Rule 16 preliminary scheduling conference held. A final pretrial conference is set for Tuesday, August 6, 2002 at 4:00 p.m. before the Honorable Stephen M. McNamee in courtroom #605 [cc: MP] [12-3] (ALL)
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                                                                                                          Blank 11 Filed: 10/5/2001, Entered: 10/5/2001 Report re: Rule 26(f) Planning Meeting
                                                                                                          JOINT PROPOSED CASE MGT PLAN (former emp)
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                                                                                                            Blank 10 Filed: 6/14/2001, Entered: 6/15/2001 Notice of Deposition
                                                                                                            AMENDED NOTICE by dft Coca-Cola Company OF TAKING VIDEO DEPO OF Melvin Zelaya on the following date(s): 6/22/01 (KMG)
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                                                                                                              Blank 9 Filed: 6/11/2001, Entered: 6/11/2001 Minute Order - Miscellaneous
                                                                                                              MINUTE ORDER: Due to the Court's calendar; IT IS ORDERED resetting the Rule 16 preliminary scheduling conference for Wednesday, October 10, 2001 at 4:00 p.m. before the Honorable Stephen M. McNamee in courtroom #605 (cc: all counsel/MP) [9-3] (ALL)
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                                                                                                                Blank 8 Filed: 5/25/2001, Entered: 5/30/2001 Notice of Deposition
                                                                                                                NOTICE by dft Coca-Cola Company OF TAKING DEPO OF Melvin Zelaya on the following date(s): 6/22/01 (former emp)
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                                                                                                                  Blank 7 Filed: 4/24/2001, Entered: 4/24/2001 OrderCourt Filing
                                                                                                                  ORDER by Judge Stephen M. McNamee ; prel scheduling conf set for 4:00 9/25/01 (cc: all counsel) (former emp)
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                                                                                                                    Blank 6 Filed: 2/6/2001, Entered: 2/6/2001 OrderCourt Filing
                                                                                                                    ORDER by Judge Stephen M. McNamee granting motion to appear pro hac vice for dft by Elizabeth Finn Johnson [5-1] (cc: all counsel) (former emp)
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                                                                                                                      Blank 5 Filed: 2/2/2001, Entered: 2/5/2001, Terminated: 2/6/2001 Motion for Admission Pro Hac Vice
                                                                                                                      MOTION to appear pro hac vice for dft by Elizabeth Finn Johnson [5-1] (former emp)
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                                                                                                                        Blank 4 Filed: 1/18/2001, Entered: 1/19/2001 Answer
                                                                                                                        ANSWER by dft and affirmative defenses (former emp)
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                                                                                                                          Blank 3 Filed: 1/12/2001, Entered: 1/12/2001 OrderCourt Filing
                                                                                                                          ORDER by Judge Stephen M. McNamee granting stipulation to extend time to answer by Coca-Cola Company [2-1]. Answer due 1/18/01. (cc: all counsel) (former emp)
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                                                                                                                            Blank 2 Filed: 1/4/2001, Entered: 1/5/2001, Terminated: 1/12/2001 Stipulation
                                                                                                                            STIPULATION to extend time to answer by Coca-Cola Company [2-1] (former emp)
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                                                                                                                              Blank 1 Filed: 1/2/2001, Entered: 1/3/2001 Notice of Removal
                                                                                                                              NOTICE OF REMOVAL from Maricopa County Superior Court Case Number: CV 2000-021473 (summons/complaint) (SAT)
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