Lowder v. Safeway

2:22-cv-00023 | Montana District Court

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Division Butte
Judge Magistrate Judge John Johnston
Filed March 23, 2022
Case Flags CONSMAG
Magistrate Magistrate Judge John Johnston
Nature of Suit 790 Labor - Other
Cause 28:1446 Petition for Removal
Jury Demand Both
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Filing Date # Docket Text
9/18/2023Order on Stipulated Motion - MT
9/18/2023Stipulation Motion - MT
8/17/2023Order Vacating - MT, Order Setting - MT, 1 - Terminate Deadlines and Hearings - SDM
8/17/2023Settlement Conference
7/11/2023Scheduling Order - SDM
7/11/2023Proposed Pretrial Order
7/11/2023Order Setting - MT
7/11/2023Telephonic Scheduling Conference
7/7/2023Order Setting - MT
7/7/2023Order Setting - MT, Order Referring Case to Magistrate Judge - SDM
7/6/2023Mediation - MT
7/6/2023Order Vacating - MT, Order Setting Hearing on Motion - SDM
6/30/2023Order Setting Hearing on Motion - SDM, ~Util - Terminate Motions, 1 - Terminate Deadlines and Hearings - SDM
6/29/2023Continue
6/27/2023Order Setting Hearing on Motion - SDM
6/27/2023Reply to Response to Motion
6/20/2023Affidavit in Opposition to Motion
6/20/2023Response to Motion
6/16/2023Statement of Disputed Facts - MT
6/16/2023Response to Motion
6/15/2023Leave to File Document
6/12/2023Notice (Other)
6/7/2023~Util - Terminate Motions, ~Util - Set Motion and F&R Deadlines/Hearings - MT, 1 - Terminate Deadlines, Order
6/7/2023Extension of Time to File Document
5/26/2023Brief/Memorandum in Support - MT
5/26/2023In Limine
5/19/2023Statement of Undisputed Fact - MT
5/19/2023Brief/Memorandum in Support - MT
5/19/2023Summary Judgment - SDM
4/19/2023Order Vacating - MT
4/17/2023Order Vacating - MT, Order Setting - MT
4/14/2023Order Setting - MT
11/14/2022Amended Answer to Complaint
11/14/2022Stipulation
7/19/2022Answer to Amended Complaint
6/27/2022Order on Motion for Extension of Time to Answer
6/22/2022Extension of Time to File Answer
6/21/2022Amended Complaint
6/14/2022Order on Motion to Dismiss
6/14/2022Scheduling Order - SDM
6/14/2022Pretrial Conference - Initial, Motion Hearing - SDM
6/9/2022Amended Complaint
6/6/2022Preliminary Pretrial Statement - MT
6/6/2022Preliminary Pretrial Statement - MT
6/3/2022Joint Discovery Plan - SDM
6/3/2022Statement of Stipulated Facts- MT
4/28/2022ORDER TO CONTINUE: Upon Plaintiffs 21 Unopposed Motion to Continue the hearing on Defendants Motion to Dismiss and the Preliminary Pretrial Conference set for May 11, 2022 and with good cause shown, IT IS HEREBY ORDERED that the motion hearing, preliminary pretrial conference and the deadlines associated with it are VACATED. The motion hearing and Preliminary Pretrial Conference are RESET for June 13, 2022 at 2:00 p.m at the Mike Mansfield Federal Courthouse, Butte, Montana. The Joint Discovery Plan, Stipulated Statement of Facts, and Preliminary Pretrial Statements are due on or before June 6, 2022. Signed by Magistrate Judge John Johnston on 4/28/2022. (SLR) Modified on 5/20/2022 to reflect Julie Lake will be the court reporter (MMS). (Entered: 04/28/2022)
4/27/202220TEXT Order Re-Setting: IT IS HEREBY ORDERED that the Telephonic PRELIMINARY PRETRIAL CONFERENCE is RESET (IN PERSON at the same date and time as the motion hearing) for May 11, 2022 at 02:00 PM at the Mike Mansfield Federal Courthouse, Butte, Montana before Magistrate Judge John Johnston. Preliminary Pretrial Statements, the Joint Discovery Plan and Statement of Stipulated Facts due by May 6, 2022. Signed by Magistrate Judge John Johnston on 4/27/2022. (SLL) (Entered: 04/27/2022)
4/27/2022Unopposed MOTION to Continue David L. Vicevich appearing for Plaintiff Lynn Lowder (Attachments: # 1 Text of Proposed Order) (Vicevich, David) (Entered: 04/27/2022)
4/27/2022Preliminary Pretrial Conference Order - MT, Order Vacating - MT
4/25/202219TEXT ORDER Setting Hearing on Motion 5 MOTION to Dismiss : IT IS HEREBY ORDERED that a Motion Hearing is set for 5/11/2022 at 02:00 PM at the Mike Mansfield Federal Courthouse, Butte, MT before Magistrate Judge John Johnston. Signed by Magistrate Judge John Johnston on 4/25/2022. (SLL) (Entered: 04/25/2022)
4/25/202218Remark: Original State Court Documents kept in Butte's Clerks Office. (MMS) (Entered: 04/25/2022)
4/25/2022Order Setting Hearing on Motion - SDM, Remark
4/25/2022COMPLAINT (State Court) and DEMAND FOR JURY TRIAL against Safeway, filed by Lynn Lowder. (ACC) (Entered: 04/25/2022)
4/25/2022NOTICE re 1 Notice of Removal from MT Fifth Judicial District Court, Beaverhead County consisting of: (Attachments: # 1 State Court Docket, # 2 Notice of Removal, # 3 State Court Issued Summons) (ACC) (Entered: 04/25/2022)
4/22/2022REPLY to Response to Motion re 5 MOTION to Dismiss and DEFENDANTS REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS filed by Safeway. (McClafferty, Brianne) (Entered: 04/22/2022)
4/14/2022RESPONSE to Motion re 5 MOTION to Dismiss filed by Lynn Lowder. (Henke, Lawrence) (Entered: 04/14/2022)
4/4/202210Clerk's Notice Upon Consent to USMJ. Pursuant to L.R. 73.1 and consent of the parties having been made, this case is assigned to the United States magistrate judge to conduct all further proceedings, enter judgment and conduct all post-trial proceedings. Case reassigned to Magistrate Judge John Johnston. (ACC) (Entered: 04/04/2022)
4/4/2022NOTICE of Acknowledgment of Pro Hac Vice Order by Safeway re 8 Order on Motion to Appear Pro Hac Vice,,, (Grande, Alexandra) (Entered: 04/04/2022)
4/4/2022NOTICE of Acknowledgment of Pro Hac Vice Order by Safeway re 8 Order on Motion to Appear Pro Hac Vice,,, for A. Dean Bennett (Bennett, Anthony) (Entered: 04/04/2022)
4/4/2022PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 5/11/2022. Joint Discovery Plan due by 5/11/2022. Statement of Stipulated Facts due by 5/11/2022. Telephonic Pretrial Conference set for 5/18/2022 at 11:30 AM before Magistrate Judge John Johnston. Signed by Magistrate Judge John Johnston on 4/4/2022. **SEE ORDER FOR DETAILS** (ACC) (Entered: 04/04/2022)
4/4/2022Clerk's Notice Upon Consent to USMJ - MT
4/4/2022CONSENTS TO USMJ. (ACC) (Entered: 04/04/2022)
3/31/2022ORDER granting 3 Motion to Appear Pro Hac Vice as to A. Dean Bennett and 4 Motion to Appear Pro Hac Vice as to Alexandra S. Grande
NOTE: Instructions to request Montana CM/ECF registration through PACER are found here.
. Acknowledgment of PHV Order due by 4/15/2022. PLEASE SEE ORDER FOR FULL DETAILS. Signed by Magistrate Judge John Johnston on 3/31/2022. (MMS) (Entered: 03/31/2022)
3/30/2022Corporate Disclosure Statement by Safeway identifying Corporate Parent Albertsons Companies, Inc. for Safeway.. (McClafferty, Brianne) (Entered: 03/30/2022)
3/30/2022Brief/Memorandum in Support re 5 MOTION to Dismiss filed by Safeway. (Attachments: # 1 Exhibit A-Charge of Discrimination) (McClafferty, Brianne) (Entered: 03/30/2022)
3/30/2022 MOTION to Dismiss Brianne C. McClafferty appearing for Defendant Safeway Motions referred to John Johnston. (McClafferty, Brianne) (Entered: 03/30/2022)
3/30/2022Unopposed MOTION Alexandra S. Grande to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-2843334.) Brianne C. McClafferty appearing for Defendant Safeway Motions referred to John Johnston. (Attachments: # 1 Affidavit Affidavit of Alexandra Grande, # 2 Text of Proposed Order Order Granting Pro Hac Vice Admission) (McClafferty, Brianne) (Entered: 03/30/2022)
3/30/2022Unopposed MOTION A. Dean Bennett to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-2843323.) Brianne C. McClafferty appearing for Defendant Safeway Motions referred to John Johnston. (Attachments: # 1 Affidavit Affidavit of A. Dean Bennett, # 2 Text of Proposed Order Proposed Order Granting Admission of A. Dean Bennett) (McClafferty, Brianne) (Entered: 03/30/2022)
3/23/2022SERVICE OF CONSENT to Magistrate Judge as Presiding Judge form (all parties served electronically).Consent/Objection to USMJ Form due by 4/6/2022. (SLR) (Entered: 03/23/2022)
3/23/2022Filing fee: $ 402.00, receipt number AMTDC-2838234. (SLR) (Entered: 03/23/2022)
3/23/2022NOTICE OF REMOVAL by Safeway, Inc. from Fifth Judicial District Court, Beaverhead County, MT, case number DV 1-2022-0014474-WS. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet) (SLR) (Entered: 03/23/2022)