Case: Shepherd v. U.S. Olympic Committee

Shepherd v. United States Olympic Committee

Shepherd v. United States Olympic Committee

Shepherd v. United States Olympic Committee

Shepherd v. United States Olympic Committee

Shepherd v. United States Olympic Committee

Shepherd v. United States Olympic Committee

Shepherd v. United States Olympic Committee

Shepherd v. United States Olympic Committee

Shepherd v. United States Olympic Committee

Shepherd v. United States Olympic Committee

COMPLAINT (Summons(es) issued); jury demand (former empl) (Entered: 10/26/1999)

FILING FEE PAID: on 10/26/99 in the amount of $ 150, receipt # 210585. (former empl)

MOTION by defendant US Olympic Committee to dismiss pursuant to Rule 12(b)(6) or for summary jgm pursuant to Rule 56(c), and to strike pursuant to Rule 12(f) (former empl) Modified on 11/29/1999 (Entered: 11/29/1999)

BRIEF by defendant US Olympic Committee in support of motion to dismiss pursuant to Rule 12(b)(6) or for summary jgm pursuant to Rule 56(c) [2-1], motion to strike pursuant to Rule 12(f) [2-2] (former empl) (Entered: 11/29/1999)

MINUTE ORDER by Judge John L. Kane regarding [2-1] motion to dismiss pursuant to Rule 12(b)(6) or for summary jgm pursuant to Rule 56(c), regarding [2-2] motion to strike pursuant to Rule 12(f), response due 12/14/99, reply due 12/24/99 (cc: all counsel) ; entry date : 12/1/99 (former empl) (Entered: 12/01/1999)

Ex Parte MOTION by defendant Intl Olympic Comm to extend time to 12/28/99 to answer (former empl) (Entered: 12/14/1999)

BRIEF by plaintiff in opposition to motion to dismiss pursuant to Rule 12(b)(6) or for summary jgm pursuant to Rule 56(c) [2-1], motion to strike pursuant to Rule 12(f) [2-2]; evidentiary objection to afdt of John Samuelson (former empl) Modified on 12/14/1999 (Entered: 12/14/1999)

MINUTE ORDER by Judge John L. Kane granting motion to extend time to 12/28/99 to answer [5-1] (cc: all counsel) entry date : 12/15/99 (former empl) (Entered: 12/15/1999)

REPLY by defendant US Olympic Committee to response to motion to dismiss pursuant to Rule 12(b)(6) or for summary jgm pursuant to Rule 56(c) [2-1], motion to strike pursuant to Rule 12(f) [2-2] (gms) (Entered: 12/28/1999)

MOTION by defendant Intl Olympic Comm to dismiss for lack of personal jurisdiction (lam) (Entered: 12/29/1999)

MINUTE ORDER by Judge John L. Kane regarding [9-1] motion to dismiss for lack of personal jurisdiction, response due 1/20/00, reply due 1/30/00 (cc: all counsel) ; entry date : 1/3/00 (former empl) (Entered: 01/03/2000)

LETTER to court from counsel for defendant US Olympic Committee requesting addition to mailing list (note: no entry of appearance filed; counsel has not signed any pleadings) (former empl) (Entered: 01/12/2000)

ATTORNEY APPEARANCE for defendant US Olympic Committee by John William Cook, Virginia S. Morgan (former empl) (Entered: 01/18/2000)

BRIEF by plaintiff in opposition to motion to dismiss for lack of personal jurisdiction [9-1]; afdt of Peter L. Warren (former empl) (Entered: 01/19/2000)

MOTION by defendant Intl Olympic Comm to extend time to 2/4/00 to respond to brief in opp to motion to dismiss (former empl) (Entered: 01/28/2000)

ORDER by Judge John L. Kane granting motion to extend time to 2/4/00 to respond to brief in opp [14-1], regarding [9-1] motion to dismiss for lack of personal jurisdiction (cc: all counsel) ; entry date : 1/28/00 (former empl) (Entered: 01/28/2000)

REPLY by defendant Intl Olympic Comm to brief in opp to motion to dismiss for lack of personal jurisdiction [9-1] (former empl) (Entered: 02/07/2000)

MEMORANDUM, OPINION, AND ORDER by Judge John L. Kane: granting dft IOC's motion to dismiss for lack of personal jurisdiction [9-1] and dismissing case against dft Intl Olympic Comm with each party to pay own costs; dft USOC's motion to dismiss purs to FRCP 12(b)(6) or in the alternative for summary jgm purs to FRCP 56(c) [2-1], and motion to strike purs to FRCP 56(c) [2-2] is granted insofar as it seeks to dismiss the claims 1, 2 and 3 w/out prejudice for failure to exhaust administrative remedies; denied insofar as it seeks dismissal of claims 4-17; granted insofar as it seeks to dismiss the 18th and 19th claims w/out prejudice; denied insofar as it seeks dismissal of the 20 claim; granted insofar as it seeks to strike as immaterial the claim for punitive damages for alleged breach of contract; granted insofar as it seeks dismissal of the 21st claim w/prejudice; denied insofar as it seeks dismissal of the 22nd claim; granted insofar as it seeks dismissal of the 23rd claim w/out prejudice; denied insofar as it seeks to dismiss the reqs for damages for emotional pain & suffering (cc: all counsel) ; entry date : 4/21/00 (lam) (Entered: 04/21/2000)

ANSWER by defendant to complaint [1-1] (former empl) (Entered: 05/04/2000)

Minute ORDER FOR RULE 16 CONFERENCE by Judge John L. Kane ; Rule 16 conference set for 9:30 6/5/00 (cc: all counsel) (gms) (Entered: 05/08/2000)

COURTROOM MINUTES OF SCHED CONF by Judge John L. Kane rule 16 conf held on 6/5/00 ; entry date : 6/6/00 Court Reporter: Paul Zuckerman (former empl) (Entered: 06/06/2000)

Stipulated SCHEDULING & Discovery ORDER Judge John L. Kane discovery cutoff 3/30/01; dispositive motions due 4/30/01 (cc: all counsel) (former empl) (Entered: 06/06/2000)

MOTION by Natl Archery Assoc, USA Shooting, USA Cycling, Inc., USA Swimming, United States Water Polo, United States Amateur Boxing, The United States Figure Skating Association and U.S. Modern Pentathlon Association for protective orders and to quash subpoenas (former empl) (Entered: 08/22/2000)

Third-Party Witnesses SUPPLEMENT to motion for protective orders and to quash subpoenas [22-1] Adds USA Track & Field association as a movant (former empl) (Entered: 08/22/2000)

MINUTE ORDER : by Judge John L. Kane setting hearing on motion for protective orders and to quash subpoenas [22-1] 9:30 9/5/00 (cc: all counsel) ; entry date : 8/23/00 (former empl) (Entered: 08/23/2000)

Second SUPPLEMENT adding USA Hockey, Inc. to motion of third party witnesses for protective orders and to quash subpoenas [22-1] (former empl) (Entered: 08/24/2000)

Third Party SUPPLEMENT by to third party motion for protective orders and to quash subpoenas [22-1] (former empl) (Entered: 08/29/2000)

AFFIDAVIT of Countess Pease Jeffries in opposition to motion for protective orders and to quash subpoenas [22-1] Request for Attorneys Fees/Sanctions (former empl) (Entered: 08/30/2000)

Addenda (APPENDIX) filed to affidavit [27-1] (former empl) (Entered: 08/30/2000)

COURTROOM MINUTES by Judge John L. Kane denying third-party witnesses motion for protective orders and granting motion to quash subpoenas [22-1]; request for attorney's fees is denied. ORDERED: By 9/20/00 pla shall serve requests for production and request for admissiions on dft. Answers are due 10/20/00. No extensions. Except for production and admissions no and other discovery proceedings are stayed ; entry date : 9/5/00 Court Reporter: Geneva Mattei (former empl) (Entered: 09/05/2000)

TRANSCRIPT of Motion for Protective Orders on 9/5/00 before Judge Kane ( pages: 14) Prepared By: Federal Reporting Service (certified copy) (former empl) (Entered: 01/23/2001)

STATUS REPORT re discovery by plaintiff (former empl) (Entered: 01/23/2001)

MOTION by plaintiff for partial summary judgment (former empl) (Entered: 01/23/2001)

EXHIBITS (8 Volumes) by plaintiff Mark E. Shepherd to motion for partial summary judgment [32-1] (former empl) (Entered: 01/23/2001)

MINUTE ORDER : by Judge John L. Kane regarding [31-1] status report dft shall respond by 2/5/01. (cc: all counsel) ; entry date : 1/24/01 (former empl) (Entered: 01/24/2001)

NOTICE by plaintiff's counsel of unavailability (former empl) (Entered: 01/24/2001)

Request (MOTION) by defendant for scheduling conf (former empl) (Entered: 01/26/2001)

MOTION by plaintiff for leave to file first amendment to the complaint [1-1] (former empl) (Entered: 01/29/2001)

Amendment by dft to response to pla's status report and (AMENDED MOTION) request for scheduling conf regarding motion for scheduling conf [36-1] (former empl) (Entered: 01/29/2001)

REPLY by plaintiff to response [36-1] to pla's status report, affidavit of Countess Pease Jeffries (former empl) (Entered: 02/02/2001)

MOTION by defendant for an extension of time to fiel opp brief (former empl) (Entered: 02/02/2001)

MINUTE ORDER : by Judge John L. Kane granting motion for an extension of time to 3/19/01 to file opp brief [40-1] Pla may reply by 3/30/01 (cc: all counsel) ; entry date : 2/2/01 (former empl) (Entered: 02/02/2001)

MINUTE ORDER : by Judge John L. Kane granting pla's motion for leave to file first amendment to the complaint [1-1] [37-1] (cc: all counsel) ; entry date : 2/5/01 (former empl) (Entered: 02/05/2001)

First AMENDment to the COMPLAINT [1-1] by plaintiff (former empl) (Entered: 02/05/2001)

2nd MOTION by defendant for extension of time to file opposition brief to 3/26/01 (former empl) (Entered: 03/08/2001)

ANSWER by defendant to first amendment to complaint [43-1] (former empl) (Entered: 02/12/2001)

MINUTE ORDER : by Judge John L. Kane granting dft's request for scheduling conf [38-1] ; rule 16 conference set for 2:00 5/1/01 (cc: all counsel) ; entry date : 2/26/01 (former empl) (Entered: 02/26/2001)

MINUTE ORDER : by Judge John L. Kane granting dft's motion for extension of time to file opposition brief to 3/30/01 [46-1] Pla shall have to 4/10/01 to reply (cc: all counsel) ; entry date : 3/8/01 (former empl) (Entered: 03/08/2001)

Opposition (RESPONSE) by plaintiff to dft's 2nd motion for extension of time to file opposition brief to 3/26/01 [46-1] (former empl) (Entered: 03/12/2001)

Unopposed MOTION by defendant for leave to file oversized brief in opp to pla's mtn for partial sum jgm (former empl) (Entered: 03/22/2001)

MOTION by plaintiff for sanctions and afdt of Countes Pease Jeffries (former empl) (Entered: 03/29/2001)

RESPONSE by defendant to in opp to pla's motion for partial summary judgment [32-1] (former empl) (Entered: 04/02/2001)

Separate RESPONSE by defendant to pla's separate stmt of uncontroverted facts (former empl) (Entered: 04/04/2001)

MINUTE ORDER : by Judge John L. Kane granting dft's unopposed motion for leave to file oversized brief in opp to pla's mtn for partial sum jgm [49-1] (cc: all counsel) ; entry date : 4/3/01 (former empl) (Entered: 04/03/2001)

MINUTE ORDER : by Judge John L. Kane denying as premature pla's motion for sanctions [50-1] with leave to re-file if appropriate following court's decision on mtn for sum jgm. (cc: all counsel) ; entry date : 4/6/01 (former empl) (Entered: 04/06/2001)

Evidentiary objs and MOTION by plaintiff to strike (certain exhibits to motion response [51-1]) (former empl) (Entered: 04/12/2001)

REPLY by plaintiff to dft's opposition to pla's motion for partial summary judgment [32-1] (former empl) (Entered: 04/12/2001)

MINUTE ORDER : by Judge John L. Kane regarding [55-1] motion to strike (certain exhibits to motion response [51-1]) Dft shall respond on or before 5/1/01. Pla shall reply on or before 5/11/01 (cc: all counsel) ; entry date : 4/17/01 (erv) (Entered: 04/17/2001)

Application (MOTION) by plaintiff for continuance of scheduling conference set 5/1/01 (gms) (Entered: 04/23/2001)

RESPONSE by defendant US Olympic Committee in opposition to motion for continuance of scheduling conference set 5/1/01 [58-1] (gms) (Entered: 04/23/2001)

MINUTE ORDER : by Judge John L. Kane denying pla's application (motion) for continuance of scheduling conference set 5/1/01 [58-1] (cc: all counsel) ; entry date : 4/25/01 (former empl) (Entered: 04/25/2001)

MINUTE ORDER : by Judge John L. Kane ; rule 16 conference time changed to 3:00 on 5/1/01 (cc: all counsel) ; entry date : 4/27/01 (former empl) (Entered: 04/27/2001)

Supplement to Stipulated Scheduling and Discovery Order: AFFIDAVIT of Countess Pease Jeffries, Esq. (former empl) (Entered: 05/01/2001)

MINUTE ORDER : by Judge John L. Kane Vacating rule 16 conf scheduled for 5/1/01 (cc: all counsel) ; entry date : 5/1/01 (former empl) (Entered: 05/01/2001)

RESPONSE in Opposition by defendant US Olympic Committee to Pltf's Evidentiary Objections and motion to strike (certain exhibits to motion response [51-1]) [55-1] (former empl) (Entered: 05/02/2001)

ORDER on Scheduling and Case Management Issues Judge John L. Kane ; Discovery cutoff 11/30/01 ;dispositive motions due 12/28/01 (cc: all counsel) (former empl) (Entered: 05/08/2001)

REPLY by plaintiff to response to motion to strike (certain exhibits to motion response [51-1]) [55-1] (former empl) (Entered: 05/10/2001)

ADDENDA TO STIPULATED SCHEDULING AND DISCOVERY ORDER by plaintiff (former empl) (Entered: 05/15/2001)

MOTION by defendant US Olympic Committee to File Amended Answer and Amended Answer to First Amendment to Complaint (former empl) (Entered: 08/10/2001)

Tendered Amended Answer and Amended Answer to First Amendment to Complaint submitted by defendant US Olympic Committee re: motion to File Amended Answer and Amended Answer to First Amendment to Complaint [68-1] (former empl)

MINUTE ORDER : by Judge John L. Kane granting motion to File Amended Answer and Amended Answer to First Amendment to Complaint [68-1] (cc: all counsel) ; entry date : 8/14/01 (former empl) (Entered: 08/14/2001)

AMENDED ANSWER and Amended Answer to First Amendment to Complaint [44-1], [18-1] by defendant US Olympic Committee (former empl) (Entered: 08/14/2001)

MOTION by plaintiff for Withdrawal and Substitution of Counsel (w/drawing Countess Jeffries and substituting Timothy P. Fox, Amy F. Robertson, Michael W. Breeskin, Darold Killmer, Paula Greisen & Andrea Faley (former empl) (Entered: 09/17/2001)

MINUTE ORDER : by Judge John L. Kane granting motion for Withdrawal and Substitution of Counsel (w/drawing Countess Jeffries and substituting Timothy P. Fox, Amy F. Robertson, Michael W. Breeskin, Darold Killmer, Paula Greisen & Andrea Faley [71-1] attorney Countess Pease Jeffries for Mark E. Shepherd (cc: all counsel) ; entry date : 9/19/01 (former empl) (Entered: 09/19/2001)

MOTION by plaintiff for Leave to Submit a Supplemental Brief in Support of His Motion for Partial Sum Jgm Pursuant to FRCvP 56(a) (former empl) (Entered: 09/21/2001)

Tendered Pltf's Supplemental Brief in Support of His Motion for Partial Sum Jgm Pursuant to FRCvP 56(a) submitted by plaintiff re: motion for Leave to Submit a Supplemental Brief in Support of His Motion for Partial Sum Jgm Pursuant to FRCvP 56(a) [73-1] (former empl)

MOTION by plaintiff to amend schedule order [65-1] (former empl) (Entered: 09/21/2001)

MOTION by plaintiff for Protective Order Regarding the Deposition of Plaintiff Shepherd (former empl) (Entered: 09/24/2001)

MINUTE ORDER : by Judge John L. Kane granting motion for Leave to Submit a Supplemental Brief in Support of His Motion for Partial Sum Jgm Pursuant to FRCvP 56(a) [73-1] and Dfts may file a suppl response by 10/5/01 (cc: all counsel) ; entry date : 9/25/01 (former empl) (Entered: 09/25/2001)

Supplemental BRIEF by plaintiff in support of motion for partial summary judgment [32-1] pursuant to Fed.R.Civ.P. 56(a) (former empl) (Entered: 09/25/2001)

MINUTE ORDER : by Judge John L. Kane granting motion for Protective Order Regarding the Deposition of Plaintiff Shepherd [75-1]; hearing on sanctions previously set 10/9/01 10:00 (cc: all counsel) ; entry date : 9/28/01 (pap) (Entered: 09/28/2001)

MINUTE ORDER : by Judge John L. Kane setting hearing on pla's motion to amend schedule order [65-1] [74-1] 10:00 10/9/01 (cc: all counsel) ; entry date : 9/28/01 (pap) (Entered: 09/28/2001)

RESPONSE by defendant US Olympic Committee to pla's motion to amend schedule order [65-1] [74-1] and pla's motion for Protective Order Regarding the Deposition of Plaintiff Shepherd [75-1] (gms) (Entered: 10/01/2001)

STIPULATION re: 1) Pltf's Motion to Modify Case Management Order; 2) Dft's Withdrawal of Affirmative Defense; 3) Pltf's Motion for Leave to File Amended Complaint by plaintiff Mark E. Shepherd, defendant US Olympic Committee (former empl) (Entered: 10/09/2001)

Unopposed MOTION by plaintiff for leave to File a Second Amended Complaint (former empl) (Entered: 10/09/2001)

Tendered Second Amended Complaint submitted by plaintiff re: motion for leave to File a Second Amended Complaint [82-1] (former empl)

MINUTE ORDER : by Judge John L. Kane denying as moot motion to amend schedule order [65-1] [74-1] and motion to strike (certain exhibits to motion response [51-1]) [55-1] (cc: all counsel) ; entry date : 10/10/01 (former empl) (Entered: 10/10/2001)

COURTROOM MINUTES by Judge John L. Kane denying w/o prej as being moot motion for partial summary judgment [32-1], granting motion for leave to File a Second Amended Complaint [82-1] ; Pltf's Oral Motion to Include the Work Willful in Describing Dft's Conduct in Count Four of the Second Amended Complaint is granted; Court will not consider sanctions on Pltf's former cnsl unless a motion is filed and served on former cnsl. Sanctions will also not be imposed on present cnsl because of their current efforts. Atty fees shall not be assessed entry date : 10/10/01 Court Reporter: ECR (former empl) (Entered: 10/10/2001)

SECOND AMENDED COMPLAINT [43-1] by plaintiff; jury demand (former empl) (Entered: 10/10/2001)

TRANSCRIPT of Hearing on 10/9/01 before Judge Kane, Jr. ( pages: 20) Prepared By: Fed Rpting Svc (certified copy) (former empl) (Entered: 10/24/2001)

ANSWER by defendant to second amended complaint [85-1] (former empl) (Entered: 10/25/2001)

Unopposed MOTION by plaintiff to file third amended complaint [85-1] (pap) (Entered: 12/31/2001)

Tendered Third Amended Complaint submitted by plaintiff re: motion to file third amended complaint [85-1] [88-1] (pap)

MINUTE ORDER : by Judge John L. Kane granting motion to file third amended complaint [85-1] [88-1] (cc: all counsel) ; entry date : 1/3/02 (former empl) (Entered: 01/03/2002)

THIRD AMENDED COMPLAINT [85-1] by plaintiff; jury demand (former empl) (Entered: 01/03/2002)

ANSWER by defendant US Olympic Committee to third amended complaint [90-1] (former empl) (Entered: 01/15/2002)

MOTION by defendant US Olympic Committee to dismiss Claim for Wrongful Discharge in Violation of Public Policy (former empl) (Entered: 01/15/2002)

BRIEF in Support by defendant in support of motion to dismiss Claim for Wrongful Discharge in Violation of Public Policy [92-1] (former empl) (Entered: 01/15/2002)

MINUTE ORDER : by Judge John L. Kane regarding [92-1] motion to dismiss Claim for Wrongful Discharge in Violation of Public Policy; reponse due 2/4/02 and reply due 2/14/02 (cc: all counsel) ; entry date : 1/15/02 (former empl) (Entered: 01/15/2002)

Unopposed MOTION by plaintiff for Extension of Time to Respond to Motion to Dismiss Claim for Wrongful Discharge in Violation of Public Policy to 2/18/02 (former empl) (Entered: 02/04/2002)