Case: Erickson v. Bartell Drug Company

U.S. District Court for the Eastern District of Washington

LODGED APPLICATION FOR LEAVE TO APPEAR PRO HAC VICE: by Eve C. Gartner on behalf of pltf (PM)

COMPLAINT (Summons(es) issued) Receipt # 400138 (PM) (Entered: 07/23/2000)

RETURN OF SERVICE of summons and complaint executed upon defendant Bartell Drug Company on 7/20/00 (CL) (Entered: 07/31/2000)

APPLICATION by plaintiff Jennifer Erickson AND ORDER admitting Eve C. Gartner as pro hac vice. Receipt # 400319 (cc: counsel) (PM) (Entered: 07/28/2000)

LODGED ORDER: stipulation and order extending time to answer complaint (VK)

STIPULATION and ORDER by Judge Robert S. Lasnik : extending time to 9/8/00 for dft to answer (cc: counsel, Judge) (RS) (Entered: 08/03/2000)

SUBSTITUTION OF COUNSEL on behalf of Bartell Drug Company James Ralph Dickens term Peter M. Anderson (MD) (Entered: 09/05/2000)

AMENDED COMPLAINT [1-1] by plaintiff (RS) (Entered: 09/12/2000)

AFFIDAVIT OF SERVICE by plaintiff of motion to certify class action, Oral Argument Requested [8-1] (MD) (Entered: 09/19/2000)

LODGED ORDER: re: motion to certify class action, Oral Argument Requested [8-1] (MD)

DECLARATION of Roberta N. Riley re motion to certify class action, Oral Argument Requested [8-1] (MD) (Entered: 09/19/2000)

MEMORANDUM by plaintiff in support of motion to certify class action, Oral Argument Requested [8-1] (MD) (Entered: 09/19/2000)

MOTION by plaintiff to certify class action, Oral Argument Requested NOTED FOR 10/6/00 (MD) (Entered: 09/19/2000)

ANSWER to amended complaint [6-1] by defendant Bartell Drug Company (MD) (Entered: 09/19/2000)

ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 11/20/00 (cc: counsel, Judge) (VK) (Entered: 09/25/2000)

Letter/NOTICE by plaintiff that the following is RENOTED FOR 10/20/00 pltf's motion to certify class action, Oral Argument Requested (VK) (Entered: 10/10/2000)

DECLARATION of Cindy Sankey by defendant re motion to extend response date to reply to pltf's motion for class certification [14-1] (RS) (Entered: 10/20/2000)

DECLARATION of James Dickens by defendant re motion to extend response date to reply to pltf's motion for class certification [14-1] (RS) (Entered: 10/20/2000)

MOTION by defendant to extend response date to reply to pltf's motion for class certification NOTED FOR 10/20/00 (noted per law clerk) (RS) (Entered: 10/20/2000)

LODGED ORDER: re: continuing ntc date for motion to certify class action, Oral Argument Requested [8-1] (RS)

AFFIDAVIT OF SERVICE by plaintiff of reply [17-1] (MD) (Entered: 10/24/2000)

DECLARATION (supplemental) of Roberta Riley re: reply [17-1] (MD) (Entered: 10/24/2000)

REPLY by plaintiff Jennifer Erickson re: for class certification, oral argument requested [8-1] (MD) (Entered: 10/24/2000)

ORDER by Judge Robert S. Lasnik GRANTING pltfs' motion to extend response date to reply to pltf's motion for class certification [14-1] (cc: counsel, Judge) (VK) (Entered: 10/27/2000)

LODGED ORDER: stip and order on confidential info (RS)

STIPULATION and ORDER by Judge Robert S. Lasnik : on confidential information and documents (cc: counsel, Judge) (RS) (Entered: 11/03/2000)

LODGED ORDER: stipulation and order on confidential information and documents (MD)

MINUTE ORDER by Judge Robert S. Lasnik SETTING oral argument on pltf's motion to certify class action [8-1] at 1:30 12/13/00 (cc: counsel, Judge, GG) (VK) (Entered: 11/07/2000)

AFFIDAVIT OF SERVICE by plaintiff of motion for order to maintain confidential information under seal [23-1] (MD) (Entered: 11/14/2000)

DECLARATION (second supplemental) of Roberta Riley re motion for order to maintain confidential information under seal [23-1] (MD) (Entered: 11/14/2000)

MOTION by plaintiff for order to maintain confidential information under seal NOTED FOR 12/1/00 (MD) (Entered: 11/14/2000)

PRAECIPE by Jennifer Erickson to replace documents to memorandum [24-1] in the Court file. (CL)

MEMORANDUM by plaintiff in support of motion for order to maintain confidential information under seal [23-1] (MD) (Entered: 11/14/2000)

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 2-5 (RS) (Entered: 11/24/2000)

LODGED ORDER: re: motion response [28-1] re: denying pltf's mtn to seal prior pleading (KERR)

EXHIBIT 1 to declaration of James R Dickens [29-1] (FILED UNDER SEAL) (KERR) (Entered: 11/28/2000)

DECLARATION of James R Dickens by defendant re: motion response [28-1] (KERR) (Entered: 11/28/2000)

RESPONSE by defendant to motion for order to maintain confidential information under seal [23-1] (KERR) (Entered: 11/28/2000)

LODGED ORDER: re: motion for sanctions by deft re: conduct by pltf's cnsl [32-1] (MD)

EXHIBITS re: declaration [33-1] (under seal) (MD) (Entered: 12/05/2000)

DECLARATION of James R. Dickens re motion for sanctions by deft re: conduct by pltf's cnsl [32-1] (MD) (Entered: 12/05/2000)

MOTION by defendant Bartell Drug Company for sanctions by deft re: conduct by pltf's cnsl NOTED FOR 12/15/00 (MD) (Entered: 12/05/2000)

REPLY MEMORANDUM by plaintiff re: of law in further support of motion to maintain confidential information under seal [23-1] (MD) (Entered: 12/05/2000)

EXHIBITS re: declaration [36-1] (under seal) (MD) (Entered: 12/08/2000)

DECLARATION of James R. Dickens re: motion response [35-1] (MD) (Entered: 12/08/2000)

RESPONSE by defendant to pltf's motion to certify class action, Oral Argument Requested [8-1] (MD) (Entered: 12/08/2000)

EXHIBIT 1 to declaration of Gretchen Freeman Cappio [39-1] (FILED UNDER SEAL) (KERR) (Entered: 12/12/2000)

DECLARATION of Gretchen Freeman Cappio by plaintiff re: motion reply [38-1] (KERR) (Entered: 12/12/2000)

REPLY by plaintiff TO RESPONSE to motion to certify class action, Oral Argument Requested [8-1] (KERR) (Entered: 12/12/2000)

RESPONSE by plaintiff to motion for sanctions by deft re: conduct by pltf's cnsl [32-1] (KERR) (Entered: 12/13/2000)

ORDER by Judge Robert S. Lasnik DENYING pltf's motion to maintain confidential information under seal [23-1] (cc: counsel, Judge) (KERR) (Entered: 12/13/2000)

MINUTES OF ORAL ARGUMENT: RSL; Dep Clerk: GG; CR: Sue Palmerton; Pla Counsel present; Def Counsel present; The court hears argument on pltfs' motion to certify class action [8-1]. The mtn is taken under advisement. (KERR) (Entered: 12/18/2000)

REPLY by defendant re: motion to sanctions [32-1] (KERR) (Entered: 12/18/2000)

ORDER by Judge Robert S. Lasnik GRANTING pltf's motion to certify class action [8-1]. Ms Erickson is appt as representative of this class (cc: counsel, Judge) (KERR) (Entered: 12/15/2000)

ORDER by Judge Robert S. Lasnik DENYING deft's motion for sanctions by deft re: conduct by pltf's cnsl [32-1] (cc: counsel, Judge) (VK) (Entered: 12/18/2000)

ORDER SETTING TRIAL and RELATED DATES by Judge Lasnik: Court Trial set for 10/1/01 ; Deadline to Join Additional Parties is 3/12/01 Disclosure of expert testimony due: 4/4/01 ; Disclose Rebuttal Expert Testimony by <date not set> ; Motion filing ddl 5/4/01 ; Discovery deadline set for 6/3/01 ; Dispositive Motions to be filed by 7/3/01 ; Settlement conf. per CR 39.1(c)(2) by 8/2/01 ; 39.1 designation effective 9/1/01 ; Motions in Limine deadline 9/3/01 ; Agreed Pretrial Order set for 9/19/01 ; Pretrial Conference to be scheduled by the court ; Trial briefs and exhibits to be submitted by 9/26/01 (cc: counsel, Judge) Length of Trial: 2 days (KERR) (Entered: 02/12/2001)

AFFIDAVIT OF SERVICE by plaintiff of motion for summary judgment on first claim for relief, oral argument requested [48-1] (MD) (Entered: 03/26/2001)

LODGED ORDER: re: motion for summary judgment on first claim for relief, oral argument requested [48-1] (MD)

MEMORANDUM by plaintiff in support of motion for summary judgment on first claim for relief, oral argument requested [48-1] (MD) (Entered: 03/26/2001)

MOTION by plaintiff for summary judgment on first claim for relief, oral argument requested NOTED FOR 4/20/01 (MD) (Entered: 03/26/2001)

EXPERT WITNESS DISCLOSED by plaintiff (MD) (Entered: 04/06/2001)

APPLICATION by plaintiff Jennifer Erickson AND ORDER admitting Donna Lee pro hac vice. Receipt # 301516 (cc: counsel, Judge) (MD) (Entered: 04/11/2001)

LODGED ORDER: re: motion for order to unseal selected files [58-1] (MD)

DECLARATION of James R. Dickens re motion for order to unseal selected files [58-1] (MD) (Entered: 04/18/2001)

MOTION by defendant for order to unseal selected files NOTED FOR 5/4/01 (MD) (Entered: 04/18/2001)

LODGED ORDER: re: granting deft's cross-motion for sj and denying pltf's motion [53-1] (MD)

DECLARATION of James R. Dickens (4/13/01)re legislative and supplemental materials [53-1] (MD) (Entered: 04/18/2001)

EXHIBITS re: declaration of James R. Dickens [55-1](under seal) (MD) (Entered: 04/18/2001)

DECLARATION of James R. Dickens (4/13/01) re: pltf's deposition experts [53-1] (MD) (Entered: 04/18/2001)

MEMORANDUM by defendant in support of motion for summary judgment, Oral Argument Requested [53-1] and response to pltf's motion for summary judgment on first claim for relief, oral argument requested [48-1] (under seal)(per court order of 5/3/01-document unsealed) (MD) Modified on 05/10/2001 (Entered: 04/18/2001)

MOTION (cross) by defendant Bartell Drug Company for summary judgment, Oral Argument Requested NOTED FOR 5/11/01 (MD) (Entered: 04/18/2001)

EXPERT WITNESS DISCLOSED by plaintiff (MD) (Entered: 04/18/2001)

DECLARATION of Gretchen Freeman Cappio by plaintiff Jennifer Erickson in support of motion reply [61-1] (CL) (Entered: 04/24/2001)

REPLY by plaintiff Jennifer Erickson TO RESPONSE to motion for summary judgment on first claim for relief, oral argument requested [48-1] (CL) (Entered: 04/24/2001)

AFFIDAVIT OF SERVICE by plaintiff Jennifer Erickson of motion reply [61-1], etc. (CL) (Entered: 04/24/2001)

PRAECIPE: to attach the final page of exhibit 2 to re: motion reply [61-1] (MD) (Entered: 04/27/2001)

MINUTE ORDER: by Judge Robert S. Lasnik Oral Argument hrg set for 1:30 5/30/01 re: motions for sj (cc: counsel, Judge) (MD) (Entered: 04/27/2001)

LODGED ORDER: stipulation and order to unseal selected pleadings (MD)

STIPULATION and ORDER by Judge Robert S. Lasnik : GRANTING motion for order to unseal selected files [58-1]. Clerk to unseal Bartell's brief on cross-motion for sj and response to pltf's motion (cc: counsel, Judge) (MD) (Entered: 05/04/2001)

AFFIDAVIT OF SERVICE by plaintiff of motion to strike deposition exhibit 18 attached to declaration of James R. Dickens and section VI.B of deft's brief on cross motion for sj and response to pltfs' motion [67-1] et al (MD) (Entered: 05/08/2001)

MEMORANDUM by plaintiff Jennifer Erickson in opposition to cross-motion for summary judgment on pltfs' second claim for relief (disparate Impact) Oral Argument Requested [53-1] (MD) (Entered: 05/08/2001)

MOTION by plaintiff to strike deposition exhibit 18 attached to declaration of James R. Dickens and section VI.B of deft's brief on cross motion for sj and response to pltfs' motion NOTED FOR 6/1/01 (MD) (Entered: 05/08/2001)

REPLY by defendant Bartell Drug Company re: cross motion for sj [53-1] (MD) (Entered: 05/11/2001)

LODGED ORDER: re: order denying pltf's motion to strike [71-1] (MD)

RESPONSE by defendant to pltf's motion to strike deposition exhibit 18 attached to declaration of James R. Dickens and section VI.B of deft's brief on cross motion for sj and response to pltfs' motion [67-1] (MD) (Entered: 05/30/2001)

REPLY by plaintiff TO RESPONSE to motion to strike deposition exhibit 18 attached to declaration of James R. Dickens and section VI.B of deft's brief on cross motion for sj and response to pltfs' motion [67-1] (RS) (Entered: 05/31/2001)

MINUTES OF HEARING: RSL; Dep Clerk: G Glass; CR: Laurene Kelly; Pla Counsel Riley;Gartner;Lee; Def Counsel Dickens; ct hears argument of cnsl re pltfs' and dft's motions for summ jgm; ct takes matter under advisement (RS) (Entered: 05/31/2001)

MINUTES: RSL; Dep Clerk: Gail; CR: Laureen Kelly; Pla Counsel Roberta Riley/Eva Gartner/Donna Lee; Def Counsel James Dickens. Oral argument held on pending motions on 5/30/01. Court takes matter under advisement. A written decision will follow. (MD) (Entered: 06/04/2001)

ORDER by Judge Robert S. Lasnik DENYING pltfs' motion to strike deposition exhibit 18 attached to declaration of James R. Dickens and section VI.B of deft's brief on cross motion for sj and response to pltfs' motion [67-1]. Court has considered Exhibit 18 and deft's brief in their entirety (cc: counsel, Judge) (MD) (Entered: 06/12/2001)

ORDER by Judge Robert S. Lasnik, Granting pltfs' motion for sj. GRANTING motion for summary judgment on first claim for relief [48-1]. Bartell is hereby ordered to cover each of the available options for prescription contraception to the same extend, and on the same terms, that is covers other drugs, devices and preventative care for non-union employees. It is further Ordered that Bartell shall offer coverage for contraception-related services, including the initial visit to the prescribing physician and any follow-up visits or outpatient services for its non-union employees. Because sj in favor of pltf is appropriate on their first claim for relief, the Court need not consider Bartell's motion for sj regarding the disparate impact claim (cc: counsel, Judge) (MD) (Entered: 06/12/2001)

LODGED ORDER: re: motion to amend sj order [77-1] (MD)

MEMORANDUM by defendant in support of motion to amend sj order [77-1] (MD) (Entered: 06/27/2001)

MOTION by defendant to amend sj order NOTED FOR 7/13/01 (MD) (Entered: 06/27/2001)

AFFIDAVIT OF SERVICE by plaintiff Jennifer Erickson of declaration [81-1], of order lodged [0-0], of motion to shorten time on motion to extend response date to respond to dft.'s motion to amend summary judgment order time [79-1] [80-1], of order lodged [0-0], of motion to extend response date to respond to dft.'s motion to amend summary judgment order time [79-1] (VB) (Entered: 06/28/2001)

DECLARATION of Roberta Riley by plaintiff Jennifer Erickson re motion to shorten time on motion to extend response date to respond to dft.'s motion to amend summary judgment order time [79-1] [80-1], re motion to extend response date to respond to dft.'s motion to amend summary judgment order time [79-1] (VB) (Entered: 06/28/2001)

LODGED ORDER: re: motion to shorten time on motion to extend response date to respond to dft.'s motion to amend summary judgment order time [79-1] [80-1] (VB)

MOTION by plaintiff Jennifer Erickson to shorten time on motion to extend response date to respond to dft.'s motion to amend summary judgment order time [79-1] NOTED FOR 7/3/01 (VB) (Entered: 06/28/2001)

LODGED ORDER: re: motion to extend response date to respond to dft.'s motion to amend summary judgment order time [79-1] (VB)

MOTION by plaintiff Jennifer Erickson to extend response date to respond to dft.'s motion to amend summary judgment order time NOTED FOR 6/13/01 (VB) (Entered: 06/28/2001)

ORDER by Judge Robert S. Lasnik GRANTING pltf's motion to shorten time on motion to extend response date to respond to dft.'s motion to amend summary judgment order time [79-1] [80-1], RE-NOTED FOR 7/3/01 motion to extend response date to respond to dft.'s motion to amend summary judgment order time [79-1]. Deft may file and serve its responsive brief no later than 12:00 noon on that date (cc: counsel, Judge) (MD) (Entered: 06/29/2001)