Vidal v. Safeway, Inc.
| Oregon District Court | |
| Judge: | Michael H Simon |
| Case #: | 3:20-cv-00210 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:2000 Job Discrimination (Race) |
| Case Filed: | Feb 10, 2020 |
| Terminated: | Feb 14, 2022 |
| Last checked: Saturday Aug 08, 2020 3:04 AM PDT |
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Defendant
Safeway, Inc.
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Represented By
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Plaintiff
Ronald Vidal
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Represented By
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GPO
Dec 09 2021
Opinion and Order - The Court DENIES Safeway's Motion for Summary Judgment (ECF 16). The Court OVERRULES Safeway's Evidentiary Objections included in Safeway's reply (ECF 29). Signed on 12/9/2021 by Judge Michael H. Simon. (mja) |
| Docket last updated: 04/22/2025 11:59 PM PDT |
| Monday, February 14, 2022 | ||
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order
Dismissal (60-day) - Terminate Case
Mon 02/14 3:47 PM
60-DAY ORDER OF DISMISSAL: The Court having been informed by counsel for the parties that this action has been settled, IT IS ORDERED that, pursuant to LR 41-1, this action is dismissed with prejudice and without costs and with leave, upon good cause shown within sixty (60) days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Pending motions, if any, are denied as moot. All pending hearings, pretrial deadlines, and any trial date are stricken. By Clerk of Court Melissa Aubin. (mja) |
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| Tuesday, February 08, 2022 | ||
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order
1 - Scheduling
Tue 02/08 10:24 AM
SCHEDULING ORDER - At the parties' request, the Court sets a Telephone Conference to discuss a trial date for February 22, 2022 at 3:00 p.m. The Court will provide the parties with a call-in number by separate sealed entry. The Pretrial Conference set for March 21, 2022 and the four-day Jury Trial set for March 28, 2022 are STRICKEN. Ordered by Judge Michael H. Simon. (mja) |
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| Thursday, December 09, 2021 | ||
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17
pgs
order
Opinion and Order
Thu 12/09 4:46 PM
Opinion and Order - The Court DENIES Safeway's Motion for Summary Judgment (ECF16 ). The Court OVERRULES Safeway's Evidentiary Objections included in Safeway's reply (ECF29 ). Signed on 12/9/2021 by Judge Michael H. Simon. (mja) |
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| Tuesday, November 30, 2021 | ||
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oth_sup
Declaration
Tue 11/30 11:50 AM
Supplemental Declaration of Ronald Vidal in Support of Plaintiff's Response to Defendant's Motino for Summary Judgment . Filed by Ronald Vidal. (Burgess, John) |
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| Tuesday, November 23, 2021 | ||
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order
Trial Management Order
Tue 11/23 2:48 PM
Trial Management Order. Signed 11/23/2021 by Judge Michael H. Simon. (mja) |
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| 33 | 33
minute
Scheduling Conference Motion Hearing Held Order on Motion
Tue 11/23 2:47 PM
MINUTES OF ORAL ARGUMENT HEARING: ORDER - Defendant's Motion for Summary Judgment (ECF16 ) is taken under advisement on November 23, 2021. Defendant's Motion for Relief and Objection to Evidence Offered in Response to Defendant's Motion for Summary Judgment (ECF27 ) is GRANTED as stated on the record. ORDER - The Court sets a Pretrial Conference for March 21, 2022 at 1:00 p.m.; and a four-day Jury Trial for March 28, 2022 at 9:00 a.m. in Portland, Courtroom 15B, before Judge Michael H. Simon. Trial Management Order to follow. John D. Burgess present as counsel for Plaintiff. David G. Hosenpud and Hank Stebbins present as counsel for Defendant. Court Reporter: Kellie Humiston. Judge Michael H. Simon presiding. (mja) |
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| Tuesday, November 16, 2021 | ||
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resp
Sur-Reply to Motion
Tue 11/16 6:44 PM
Sur-Reply to Reply to Motion,29 . Filed by Ronald Vidal. (Burgess, John) |
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| Thursday, November 04, 2021 | ||
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order
1 - Scheduling
Thu 11/04 9:09 AM
Scheduling Order - Setting Oral Argument on Defendant's Motion for Summary Judgment (ECF16 ) and Motion for Relief (ECF27 ) for 11/23/2021 at 01:00PM by videoconference, before Judge Michael H. Simon. The Court will provide the parties with videoconference connection information by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) |
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| Monday, November 01, 2021 | ||
| 30 | 30
oth_sup
Declaration
Mon 11/01 6:55 PM
Supplemental Declaration of David Hosenpud in Support of Defendant's Motion for Summary Judgment . Filed by Safeway, Inc.. (Hosenpud, David) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4
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| 29 | 29
resp
Reply to Motion
Mon 11/01 6:49 PM
Reply filed as Defendant's Objection to Evidence Offered in Response to Defendant's Motion for Summary Judgment and Reply In Support of Motion for Summary Judgment to Motion for Summary Judgment 16 Oral Argument requested. Filed by Safeway, Inc.. (Hosenpud, David) |
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| 28 | 28
oth_sup
Declaration
Mon 11/01 4:54 PM
Declaration of David G. Hosenpud in Support of Motion for Relief and Objection to Evidence Offered in Response to Defendant's Motion for Summary Judgment . Filed by Safeway, Inc.. (Hosenpud, David) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4
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| 27 | 27
6
pgs
motion
Motion - Miscellaneous
Mon 11/01 4:47 PM
Motion for Relief and Objection to Evidence Offered in Response to Defendant's Motion for Summary Judgment . Oral Argument requested. Filed by Safeway, Inc.. (Hosenpud, David) |
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| Thursday, October 28, 2021 | ||
| 25 | 25
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pgs
oth_sup
Declaration
Thu 10/28 10:35 AM
Declaration of John Burgess . Filed by Ronald Vidal. (Burgess, John) |
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| Tuesday, October 26, 2021 | ||
| 26 | 26
trial
9CONV - Conventionally Filed Document Exhibit
Thu 10/28 11:26 AM
This filing includes a conventionally filed DVD. This conventional filing is maintained in the Clerk's Office but cannot be made a part of the court's electronic record in CM/ECF., Exhibit 3 of Declaration of John Burgess in Support of Plaintiff's Response to Defendant's Motion for Summary Judgment25 . Filed by Ronald Vidal. (ecp) |
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| Monday, October 18, 2021 | ||
| 24 | 24
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pgs
oth_sup
Declaration
Mon 10/18 5:36 PM
Declaration of Ronald Vidal . Filed by All Plaintiffs. (Burgess, John) |
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| 23 | 23
resp
Response to Motion
Mon 10/18 5:34 PM
Response to Motion for Summary Judgment 16 . Filed by Ronald Vidal. (Burgess, John) |
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| Tuesday, October 05, 2021 | ||
| 22 | 22
order
Order on Motion for Extension of Time to File Response/Reply to Motion
Tue 10/05 4:07 PM
ORDER - Plaintiff's Unopposed Motion for Extension of Time to File Response to Defendant's Motion for Summary Judgment (ECF21 ) is GRANTED. Response is due by October 18, 2021. Ordered by Judge Michael H. Simon. (mja) |
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| Monday, October 04, 2021 | ||
| 21 | 21
motion
Extension of Time to File Response/Reply to Motion
Mon 10/04 4:28 PM
Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment 16 . Filed by Ronald Vidal. (Burgess, John) |
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| Monday, September 13, 2021 | ||
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trial
Exhibit 9CONV - Conventionally Filed Document
Tue 09/14 9:25 AM
Exhibit 8 (Video) to Declaration of David G. Hosenpud,17 , This filing includes a conventionally filed DVD. This conventional filing is maintained in the Clerk's Office but cannot be made a part of the court's electronic record in CM/ECF. Filed by Safeway, Inc.. (ecp) |
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| 19 | 19
oth_sup
Declaration
Mon 09/13 4:33 PM
Declaration of Kanyon Reams in Support of Defendant's Motion for Summary Judgment . Filed by Safeway, Inc.. (Hosenpud, David) |
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oth_sup
Declaration
Mon 09/13 4:32 PM
Declaration of Catherine Cusimano in Support of Defendant's Motion for Summary Judgment . Filed by Safeway, Inc.. (Hosenpud, David) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3
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oth_sup
Declaration
Mon 09/13 4:29 PM
Declaration of David G. Hosenpud in Support of Defendant's Motion for Summary Judgment . Filed by Safeway, Inc.. (Hosenpud, David) |
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Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8,
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Att: 9
Exhibit 9,
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Att: 10
Exhibit 10,
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Att: 11
Exhibit 11,
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Att: 12
Exhibit 12,
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Att: 13
Exhibit 13,
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Att: 14
Exhibit 14,
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Att: 15
Exhibit 15,
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Att: 16
Exhibit 16,
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Att: 17
Exhibit 17,
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Att: 18
Exhibit 18
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| 16 | 16
motion
Summary Judgment
Mon 09/13 3:46 PM
Motion for Summary Judgment . Oral Argument requested. Filed by Safeway, Inc.. (Hosenpud, David) |
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| Thursday, August 26, 2021 | ||
| 15 | 15
adr
Joint Alternate Dispute Resolution Report
Thu 08/26 8:58 AM
Joint ADR Report . Filed by Safeway, Inc..(Stebbins, Hank) |
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| Tuesday, June 15, 2021 | ||
| 14 | 14
order
Order on Motion for Extension of Discovery & PTO Deadlines
Tue 06/15 8:40 AM
ORDER - The parties' stipulated motion for extension of discovery & PTO deadlines (ECF13 ) is GRANTED as follows: (1) discovery is to be completed by July 29, 2021; (2) a joint ADR report is due by August 26, 2021; (3) dispositive motions are due by September 13, 2021; (4) the deadline for expert disclosures is deferred until after the Court's ruling on dispositive motions; and (5) the pretrial order is due 60 days after the Court's ruling on dispositive motions, or November 12, 2021, if no dispositive motions are filed. Ordered by Judge Michael H. Simon. (mja) |
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| Monday, June 14, 2021 | ||
| 13 | 13
motion
Extension of Discovery & PTO Deadlines
Mon 06/14 4:44 PM
Stipulated Motion for Extension of Discovery & PTO Deadlines . Filed by Safeway, Inc.. (Stebbins, Hank) |
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| Friday, February 05, 2021 | ||
| 12 | 12
order
Order on Motion for Extension of Discovery & PTO Deadlines
Fri 02/05 8:43 AM
ORDER - The parties' stipulated motion for extension of discovery & PTO deadlines (ECF11 ) is GRANTED as follows: (1) discovery is to be completed by June 14, 2021; (2) a joint ADR report is due by July 12, 2021; (3) dispositive motions are due by July 30, 2021; (4) the deadline for expert disclosures is deferred until after the Court's ruling on dispositive motions; and (5) the pretrial order is due 30 days after the Court's ruling on dispositive motions, or July 30, 2021, if no dispositive motions are filed. Ordered by Judge Michael H. Simon. (mja) |
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| Thursday, February 04, 2021 | ||
| 11 | 11
motion
Extension of Discovery & PTO Deadlines
Thu 02/04 4:43 PM
Stipulated Motion for Extension of Discovery & PTO Deadlines . Filed by Safeway, Inc.. (Stebbins, Hank) |
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| Thursday, October 29, 2020 | ||
| 10 | 10
notice
Withdrawal of Attorney
Thu 10/29 12:25 PM
Notice of Attorney Withdrawal: William E. Weiner Filed by Safeway, Inc.. (Hosenpud, David) |
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| Thursday, October 15, 2020 | ||
| 9 | 9
order
Order on Motion for Extension of Discovery & PTO Deadlines
Thu 10/15 1:27 PM
ORDER - Plaintiff's unopposed motion for extension of discovery & PTO deadlines (ECF8 ) is GRANTED as follows: (1) discovery is to be completed by 2/12/2021; (2) dispositive motions are due by 3/15/2021; (3) a joint ADR report is due by 3/15/2021; (4) the deadline for the close of expert discovery is deferred until after the Court's ruling on dispositive motions; and (5) the pretrial order is due 30 days after the Court's ruling on dispositive motions, or 3/15/2020, if no dispositive motions are filed. Ordered by Judge Michael H. Simon. (mja) |
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| 8 | 8
motion
Extension of Discovery & PTO Deadlines
Thu 10/15 10:34 AM
Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by Ronald Vidal. (Burgess, John) |
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| Wednesday, March 11, 2020 | ||
| 7 | 7
service
Certificate of Service
Wed 03/11 2:58 PM
Certificate of Service by Ronald Vidal of Summons Issued4 Filed by Ronald Vidal. (Burgess, John) |
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| Monday, March 09, 2020 | ||
| 6 | 6
oth_doc
Corporate Disclosure Statement
Mon 03/09 4:32 PM
Corporate Disclosure Statement . Filed by Safeway, Inc.. (Weiner, William) |
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| Friday, March 06, 2020 | ||
| 5 | 5
answer
Answer to Complaint
Fri 03/06 2:14 PM
Answer to1 Complaint, Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Filed by Safeway, Inc.. (Weiner, William) |
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| Thursday, February 13, 2020 | ||
| 4 | 4
service
Summons Issued
Thu 02/13 11:47 AM
Summons Issued Electronically as to Safeway, Inc.. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (ecp) |
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| 3 | 3
service
Proposed Summons
Thu 02/13 11:29 AM
Proposed Summons Filed by Ronald Vidal. (Burgess, John) |
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| Tuesday, February 11, 2020 | ||
| 2 | 2
order
3 - Discovery and Pretrial Scheduling Order - FORM EVENT
Tue 02/11 8:35 AM
Notice of Case Assignment to Judge Michael H. Simon and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5 . Discovery is to be completed by 6/10/2020. Joint Alternate Dispute Resolution Report is due by 7/10/2020. Pretrial Order is due by 7/10/2020. Ordered by Judge Michael H. Simon. (ecp) |
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| Monday, February 10, 2020 | ||
| 1 | 1
cmp
Complaint
Mon 02/10 10:54 AM
Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-6249772 Jury Trial Requested: Yes. Filed by Ronald Vidal against Safeway, Inc.. (Burgess, John) |
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Att: 1
2 pgs
Civil Cover Sheet,
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Att: 2
1 pgs
Attachment
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