Case: Ledesmav. Res-Care Oklahoma

5:02-cv-01188 | U.S. District Court for the Western District of Oklahoma

Filed Date: Aug. 20, 2002

Closed Date: Aug. 4, 2003

Clearinghouse coding complete

Case Summary

Because part of this case predates PACER, we do not have access to all of the documents on the docket. Specifically, we lack the complaint. From what we know, four plaintiffs alleging employment discrimination brought suit in the United States District Court for the Western District of Oklahoma against Res-Care Oklahoma on August 20, 2002. The case was assigned to Judge Joe Heaton. On April 16, 2003, the court issued an order temporarily closing the case without prejudice, stating that the two …

Because part of this case predates PACER, we do not have access to all of the documents on the docket. Specifically, we lack the complaint. From what we know, four plaintiffs alleging employment discrimination brought suit in the United States District Court for the Western District of Oklahoma against Res-Care Oklahoma on August 20, 2002. The case was assigned to Judge Joe Heaton.

On April 16, 2003, the court issued an order temporarily closing the case without prejudice, stating that the two parties had reached a settlement. Two months later, three of the plaintiffs moved to dismiss the cases, allegedly because they had come to an agreement with the defendant.

However, one plaintiff did not sign on to the motion to dismiss, and instead filed a “Motion for Determination to be held in Federal Court.” In an order issued on June 18, 2003, Judge Heaton stated that the import of her motion was “not altogether clear, other than indicating she does not agree to the settlement. The motion raises various questions she apparently seeks to have the Court address. However, it is not the Court’s role to construe the tentative settlement agreement or to resolve abstract questions of law which a party may have as to such a settlement.” The fourth plaintiff’s lawyer moved to withdraw as her attorney, citing disagreements. The court urged her to find new counsel quickly.

Apparently proceeding without counsel, the fourth plaintiff moved to appeal on July 8, 2003. Judge Heaton interpreted this motion as an inquiry into whether she could be forced to sign the settlement agreement. He held that she was under no obligation to enter into any particular settlement agreement. He set trial for September 2003 and again urged her to find counsel.

Before trial could begin, the fourth plaintiff and the defendant apparently reached a new private settlement agreement. Judge Heaton ordered a settlement conference for August 4 and dismissed the case with prejudice the following day.

The case is now closed.

Summary Authors

Averyn Lee (3/18/2019)

People


Judge(s)

Heaton, Joe L. (Oklahoma)

Attorneys(s) for Plaintiff

Cawthon, J. David (Oklahoma)

Pedersen, Karen (Oklahoma)

Attorneys(s) for Defendant

Barrett, Gayle (Oklahoma)

Childers, Adam W. (Oklahoma)

Saunders, Lynne F. (Oklahoma)

Judge(s)

Heaton, Joe L. (Oklahoma)

Attorneys(s) for Plaintiff

Cawthon, J. David (Oklahoma)

Pedersen, Karen (Oklahoma)

Attorneys(s) for Defendant

Barrett, Gayle (Oklahoma)

Childers, Adam W. (Oklahoma)

Saunders, Lynne F. (Oklahoma)

Documents in the Clearinghouse

Document

5:02-cv-01188

Docket [PACER]

LEDESMA v. RES-CARE OKLAHOMA

Aug. 4, 2003

Aug. 4, 2003

Docket

Resources

Docket

Last updated Aug. 6, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Pottawatomie Cnty Dist Ct Case Number: CJ 02−714 by Defendant (nm) (Entered: 08/27/2002)

Aug. 26, 2002

Aug. 26, 2002

RECEIPT For Money Received in the amount of $ 150.00, receipt # 092619 by Crowe Dunlevy (nm) (Entered: 08/27/2002)

Aug. 26, 2002

Aug. 26, 2002

2

NOTICE of Filing of Notice of Removal by defendant Res−Care Oklahoma (nm) (Entered: 08/27/2002)

Aug. 26, 2002

Aug. 26, 2002

3

ATTORNEY APPEARANCE for defendant Res−Care Oklahoma by Adam W Childers (nm) (Entered: 08/27/2002)

Aug. 26, 2002

Aug. 26, 2002

4

APPLICATION/MOTION of defendant Res−Care Oklahoma for an extension of time to respond to Complaint (nm) (Entered: 08/27/2002)

Aug. 26, 2002

Aug. 26, 2002

5

CERTIFICATE from Cecil Dunlap, Ct Clk of Pottawatomie Cnty, State Ct Caus No. C−02−714 re Notice of Removal to US Dist Ct. WD of OK (fp) (Entered: 08/29/2002)

Aug. 28, 2002

Aug. 28, 2002

6

ORDER by Honorable Joe Heaton granting motion for an extension of time to respond to Complaint [4−1] Res−Care OK Inc., Shl hv until September 9, 2002, to answer, file a mtn and/or otherwise respond to Plfs' Cmp herein (cc: all counsel) [EOD Date 8/29/02] (fp) (Entered: 08/29/2002)

Aug. 29, 2002

Aug. 29, 2002

7

ATTORNEY APPEARANCE for defendant Res−Care Oklahoma by Gayle L Barrett (cjs) (Entered: 09/05/2002)

Sept. 5, 2002

Sept. 5, 2002

8

ATTORNEY APPEARANCE for defendant Res−Care Oklahoma by Lynne F Saunders (nm) (Entered: 09/06/2002)

Sept. 6, 2002

Sept. 6, 2002

9

ANSWER by defendant Res−Care Oklahoma (fp) (Entered: 09/11/2002)

Sept. 9, 2002

Sept. 9, 2002

10

AMENDMENT by defendant Res−Care Oklahoma to answer [9−1] (fp) (Entered: 09/13/2002)

Sept. 12, 2002

Sept. 12, 2002

11

DISCLOSURE Statement filed by defendant Res−Care Oklahoma Inc. no parent corporation (fp) (Entered: 09/17/2002)

Sept. 16, 2002

Sept. 16, 2002

DOCKET STATUS CONF ; status scheduling conf set for 10:20 11/5/02 (fp) (Entered: 09/17/2002)

Sept. 17, 2002

Sept. 17, 2002

12

JOINT DISCOVERY PLAN by plaintiff Richard Ledesma, plaintiff Paul DeJulius, plaintiff Jeff Miller, plaintiff Karen Pedersen, defendant Res−Care Oklahoma (fp) (Entered: 10/22/2002)

Oct. 21, 2002

Oct. 21, 2002

13

STATUS REPORT by plaintiff Richard Ledesma, plaintiff Paul DeJulius, plaintiff Jeff Miller, plaintiff Karen Pedersen, defendant Res−Care Oklahoma; jury trial demanded; est trial time 2 days liab and 2 days damages; bif req − no; possibility of settlement − fair; ptys consent to trial by magistrate judge − no (cjs) (Entered: 10/31/2002)

Oct. 30, 2002

Oct. 30, 2002

15

MOTION by defendant Res−Care Oklahoma for leave to file Second Amended Answer (fp) (Entered: 11/08/2002)

Nov. 7, 2002

Nov. 7, 2002

16

ORDER by Honorable Joe Heaton; GRANTS motion for leave to file Second Amended Answer [15−1] Dft Res Care OK, Inc. shl file its second amended ans w/i (5) days of the date of this Order (cc: all counsel) [EOD Date 11/8/02] (fp) (Entered: 11/08/2002)

Nov. 8, 2002

Nov. 8, 2002

17

AMENDED ANSWER [9−1] by defendant Res−Care Oklahoma (fp) (Entered: 11/12/2002)

Nov. 8, 2002

Nov. 8, 2002

18

MOTION by plaintiff Richard Ledesma, Paul DeJulius, Jeff Miller, Karen Pedersen and defendant Res−Care Oklahoma for an agreed protective order (nm) (Entered: 11/15/2002)

Nov. 14, 2002

Nov. 14, 2002

19

AGREED PROTECTIVE ORDER by Honorable Joe Heaton; granting ptys' motion for an agreed protective order [18−1] (cc: all counsel) (ap) (Entered: 11/15/2002)

Nov. 15, 2002

Nov. 15, 2002

20

NOTICE OF CONSENT to become a party plf by Chris Downing (fp) (Entered: 11/18/2002)

Nov. 15, 2002

Nov. 15, 2002

21

NOTICE of Consent to Becoma a Party by Catina Roquemore (fp) (Entered: 01/23/2003)

Jan. 23, 2003

Jan. 23, 2003

22

NOTICE by Frederick Shaw's Consent to Become a Party (fp) (Entered: 01/31/2003)

Jan. 30, 2003

Jan. 30, 2003

23

MOTION by plaintiff Richard Ledesma, plaintiff Paul DeJulius, plaintiff Jeff Miller, plaintiff Karen Pedersen for relief from the scheduling order (eh) (Entered: 02/03/2003)

Jan. 31, 2003

Jan. 31, 2003

24

ORDER by Honorable Joe Heaton; GRANTS plf's motion for relief from the scheduling order [23−1] The scheduling order herein be amended to reflect that the deadline for mediation as comtemplated in thie order be ext until the 1st day of April, 2003 (cc: all counsel) [EOD Date 2/5/03] (fp) (Entered: 02/05/2003)

Feb. 5, 2003

Feb. 5, 2003

25

ORDER by Honorable Joe Heaton; By its Feb 5, 2003 re [24−1] , Order, the Ct allowed the deadline for mediation to be ext until April 1, 2003. Rpts reflecting the results of such mediation hv not been filed. The parties are ordered to file, by April 15, 2003, a rpt indicating the date upon which the mediation was hled and the out come (whether the cs did or did not settle). (cc: all counsel) [EOD Date 4/9/03] (fp) (Entered: 04/09/2003)

April 9, 2003

April 9, 2003

26

NOTICE OF MEDIATION REPORT by plaintiffs' Richard Ledesma, Paul DeJulius, Jeff Miller, Karen Pedersen, and defendant Res−Care Oklahoma (fp) (Entered: 04/15/2003)

April 14, 2003

April 14, 2003

27

ORDER by Honorable Joe Heaton, Administrative Closing: That Clerk administratively terminate this action without prejudice to the rights of the parties to reopen for entry of any stipulation or order; if parties have not reopened within 30 days to obtain final determination, action will be deemed dismissed with prejudice (cc: all counsel) [EOD Date 4/16/03] (fp) (Entered: 04/16/2003)

April 16, 2003

April 16, 2003

28

MOTION by plaintiff Karen Pedersen for order for determination to be held in federal court (fp) (Entered: 05/15/2003)

May 15, 2003

May 15, 2003

29

MOTION by plaintiff Richard Ledesma, plaintiff Paul DeJulius, plaintiff Jeff Miller, plaintiff Karen Pedersen for extension of deadline (fp) (Entered:

May 16, 2003

May 16, 2003

31

STIPULATION by Plfs' Richard Ledesma, Paul DeJulius, Jeff Miller stipulate w/the dft Res−Care OK, Inc., that this action shl be dismissed w/prejudice. Each pty is to bear its own costs and atty fees. The clm of plf Karen Pedersen is not pt of or affectedd by this stipulation. (fp) (Entered: 06/13/2003)

June 12, 2003

June 12, 2003

32

MOTION by J. David Cawthon to withdraw as attorney of record for the plf Karen Pedersen (fp) (Entered: 06/16/2003)

June 16, 2003

June 16, 2003

33

ORDER by Honorable Joe Heaton that this cs will be reopened for resolution of any claims remaining as to Ms. Pedersen reopening the case GRANTING motion by Mr. Cawthon to withdraw as of record for the plf Karen Pedersen. [32−1] Mr. Cawthon is ordered to provide a cpy of this order to plf Kareh Pedersen by regular and certified mail. The "mtn for determination" is STRICKEN [28−1] (cc: all counsel) (fp) Modified on 06/18/2003 (Entered: 06/18/2003)

June 18, 2003

June 18, 2003

34

ORDER by Honorable Joe Heaton granting motion by J. David Cawthon to withdraw as attorney of record for the plf Karen Pedersen [32−1] attorney J David Cawthon for Karen Pedersen Fur that Atty Cawthon provide a cpy of this Order to plf Pedersen by regular mail and by certified mail. Fur Ordered that the plf Pedersen has (20) days fm the date of this Order to enter an appr by substitute cnsl or enter a pro se appr. Failure by the plf Pedersen to enter an appr in compliance w/this Order will result in this cs being dismissed w/without prejudice. (cc: all counsel) [EOD Date 6/18/03] (fp) (Entered: 06/18/2003)

June 18, 2003

June 18, 2003

35

CERTIFICATE of Compliance by all plaintiff purs to Ct's Order of June 18, 2003 (fp) (Entered: 06/23/2003)

June 20, 2003

June 20, 2003

36

MOTION by plaintiff Karen Pedersen for order to Appeal (fp) Modified on 07/22/2003 (Entered: 07/09/2003)

July 8, 2003

July 8, 2003

DOCKET JURY ; jury trial set for 9:30 9/8/03 (fp) Modified on 07/11/2003 (Entered: 07/11/2003)

July 10, 2003

July 10, 2003

37

ORDER by Honorable Joe Heaton; Plf Karen Pederson has filed her "Mtn to Appeal" re [36−1], to which dft need not respond. The mtn apprs to address the question of whether she has signed, or could be forced to sign, a particular settlement agreement. Plf is under no obligation to enter into any particular settlement agreement. The Ct assumes no settlement has been agreed to by Ms. Pedersen. The Cs therefore remains set for trl on the Ct's Sept., 2003 trial dkt. Plf Pedersen is urged to secure cnsl if possible. If not, Ms. Pederson needs to familiarize herself w/the applicable the rules as well as the scheduling order in this cs. The Ct encourages the parties to confer as to resolution of the remaining clms and issues. Absent such resolution, the cs will be set for judicial settlement conf in ordinary course and for trial as indicated. (cc: all counsel) [EOD Date 7/15/03] (fp) Modified on 07/22/2003 (Entered: 07/15/2003)

July 15, 2003

July 15, 2003

38

ORDER by Honorable Joe Heaton, ; Settlement conf August 4, 2003 at 1:30 p.m. bf Magistrate Judge Gary Purcell (cc: all counsel) [EOD Date 7/18/03] (fp) (Entered: 07/18/2003)

July 18, 2003

July 18, 2003

39

REVISED STATEMENT ON SETTLEMENT CONFERENCE/NOTICE by plaintiff Richard Ledesma, plaintiff Paul DeJulius, plaintiff Jeff Miller, plaintiff Karen Pedersen (cjs) (Entered: 07/30/2003)

July 30, 2003

July 30, 2003

40

ORDER by Honorable Joe Heaton, Administrative Closing: That Clerk administratively terminate this action without prejudice to the rights of the parties to reopen for entry of any stipulation or order; if parties have not reopened within 30 days to obtain final determination, action will be deemed dismissed with prejudice (cc: all counsel) [EOD Date 8/4/03] (fp) (Entered: 08/04/2003)

Aug. 4, 2003

Aug. 4, 2003

42

STIPULATION OF DISMISSAL by plaintiff Richard Ledesma, defendant Res−Care Oklahoma that this action shl be dismissed with prejudice. Each party is to bear its own costs and atty fees. (fp) (Entered: 08/05/2003)

Aug. 4, 2003

Aug. 4, 2003

Case Details

State / Territory: Oklahoma

Case Type(s):

Equal Employment

Key Dates

Filing Date: Aug. 20, 2002

Closing Date: Aug. 4, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiff alleged employment discrimination

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Res-Care Oklahoma, Private Entity/Person

Defendant Type(s):

Hospital/Health Department

Case Details

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Discrimination-area:

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)