Case: Kennicott v. Sandia Corporation

1:17-cv-00188 | U.S. District Court for the District of New Mexico

Filed Date: Feb. 7, 2017

Closed Date: May 24, 2019

Clearinghouse coding complete

Case Summary

On February 7, 2017, three current and former female employees of Sandia Corporation filed this class-action lawsuit in the United States District Court for the District of New Mexico. The plaintiffs sued Sandia Corporation, a federally-funded nuclear weapons research and development contractor, under Title VII of the Civil Rights Act of 1964, the New Mexico Human Rights Act, and the New Mexico Fair Pay for Women Act. The plaintiffs, represented by private counsel, sought declaratory and injunc…

On February 7, 2017, three current and former female employees of Sandia Corporation filed this class-action lawsuit in the United States District Court for the District of New Mexico. The plaintiffs sued Sandia Corporation, a federally-funded nuclear weapons research and development contractor, under Title VII of the Civil Rights Act of 1964, the New Mexico Human Rights Act, and the New Mexico Fair Pay for Women Act. The plaintiffs, represented by private counsel, sought declaratory and injunctive relief and damages. The plaintiffs alleged that Sandia’s company-wide policies and practices disadvantage female employees in performance evaluations, pay, and promotions. Specifically, all named plaintiffs allege receiving less pay than comparable male coworkers as a result of these policies, as well as not receiving promotions for which they were eligible and qualified. One of the named plaintiffs raised concerns about the treatment of women at Sandia and alleged that she suffered retaliation as a result.

The defendant moved to dismiss plaintiff’s state law claims on March 17, 2017. Because the named plaintiffs worked for Sandia National Laboratories at its corporate headquarters on the Kirtland Airforce Base, which is a federal enclave, the defendants claimed the federal enclave doctrine precluded plaintiff’s state law claims. In response, plaintiffs moved for jurisdictional discovery on March 31, 2017.

On June 12, 2017, District Judge James O. Browning conducted a telephonic motion hearing regarding defendant’s motion to dismiss state law claims and plaintiff’s motion for jurisdictional discovery. A motion hearing regarding defendant’s motion to dismiss was held on January 19, 2018, and Judge Browning asked both parties to submit supplemental briefs. On March 31, 2018, Judge Browning granted the motion to dismiss state law claims and concluded that the federal enclave doctrine bars the state law claims.

On August 9, 2018, the defendants filed a motion to dismiss for failure to state a claim, as well as a motion to stay discovery pending ruling on the motion to dismiss. On September 20, Magistrate Judge denied the motion to stay discovery because the defendant had not met its difficult burden of justifying the suspension of the discovery process that had been ongoing for more than a year.

On October 17, a hearing was held with regard to the motion to dismiss for failure to state a claim. Judge Browning ruled that he would not decide the motion to dismiss until after the class certification hearing and directed the plaintiffs to submit their motion for class certification by March 25, 2019.

On January 18, 2019, Judge Browning ordered that the defendant withdraw its motion to dismiss the plaintiffs’ class claims without prejudice.

On January 30, 2019, Judge Browning addressed a discovery dispute regarding class certification and ordered the defendant to produce policy documents from 2018 as well as electronically stored information related to the VP of human resources.

The defendant redocketed its motion to dismiss on April 11, 2019, because the plaintiffs failed to pursue class certification by the court’s deadline of April 1 and failed to seek an extension. The plaintiffs then filed a stipulation of dismissal with prejudice on May 6 and a motion for final judgment on May 17.

Before issuing a final judgment, Judge Browning issued a memorandum opinion on the plaintiff's state law claims under the New Mexico Human Rights Act and New Mexico Fair Pay for Women Act. Judge Browning wrote that these were invalid because, since the alleged discrimination occurred on a military base, federal enclave doctrine applied, and, since federal enclave doctrine predated these New Mexico laws, they were unenforceable on a federal enclave. The plaintiffs claims were dismissed with prejudice.

Judge Browning issued a final judgment on May 24, 2019, dismissing the case with prejudice. The case is closed; the time frame for appeal has lapsed.

Summary Authors

Sarah McDonald (1/19/2018)

Sichun Liu (1/19/2020)

Ellen Aldin (5/20/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6285272/parties/kennicott-v-sandia-corporation/


Judge(s)

Browning, James O. (New Mexico)

Fouratt, Gregory James (New Mexico)

Attorneys(s) for Plaintiff

Bentley, Cheryl-Lyn (New York)

Bien, Rachel (California)

Chan, Lin Yee (California)

Dermody, Kelly M. (California)

Elsner, Gretchen Mary (New Mexico)

Klein, Adam T. (New York)

Levin-Gesundheit, Michael (California)

Lopez, David (District of Columbia)

Judge(s)

Browning, James O. (New Mexico)

Fouratt, Gregory James (New Mexico)

Attorneys(s) for Plaintiff

Bentley, Cheryl-Lyn (New York)

Bien, Rachel (California)

Chan, Lin Yee (California)

Dermody, Kelly M. (California)

Elsner, Gretchen Mary (New Mexico)

Klein, Adam T. (New York)

Levin-Gesundheit, Michael (California)

Lopez, David (District of Columbia)

Shaver, Anne B. (California)

Stork, Elizabeth V. (New York)

Tevah, Shira J (California)

Zegeye, Tiseme Gabriella (California)

Attorneys(s) for Defendant

Burkhardt, Michael S. (Pennsylvania)

Gordon, Scott D. (New Mexico)

Jaime, Paola Viviana (New Mexico)

Katzenstein, Krissy A. (District of Columbia)

Latimer, Stephanie (New Mexico)

Lovato−Farmer, Cindy Jean (New Mexico)

Lowry, Jeffrey L. (New Mexico)

Parrish, Theresa W. (New Mexico)

Poore, Justin E (New Mexico)

Speights, Grace E (District of Columbia)

Documents in the Clearinghouse

Document

1:17-cv-00188

Docket [PACER]

May 24, 2019

May 24, 2019

Docket
1

1:17-cv-00188

Class Action Complaint

Feb. 7, 2017

Feb. 7, 2017

Complaint
113

1:17-cv-00188

Memorandum Opinion

314 F.Supp.3d 114

May 14, 2018

May 14, 2018

Order/Opinion
190

1:17-cv-00188

Memorandum Opinion and Order

2018 WL 6069635

Nov. 20, 2018

Nov. 20, 2018

Order/Opinion
213

1:17-cv-00188

Memorandum Opinion and Order

2019 WL 366883

Jan. 30, 2019

Jan. 30, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6285272/kennicott-v-sandia-corporation/

Last updated Aug. 6, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Sandia Corporation d/b/a Sandia National Laboratories ( Filing Fee - Online Payment), filed by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G)(Levin-Gesundheit, Michael) (Entered: 02/07/2017)

1 Civil Cover Sheet

View on PACER

2 Exhibit Exhibit A

View on PACER

3 Exhibit Exhibit B

View on PACER

4 Exhibit Exhibit C

View on PACER

5 Exhibit Exhibit D

View on PACER

6 Exhibit Exhibit E

View on PACER

7 Exhibit Exhibit F

View on PACER

8 Exhibit Exhibit G

View on PACER

Feb. 7, 2017

Feb. 7, 2017

RECAP

Filing and Administrative Fees Received: $ 400 receipt number 1084-5042798 re 1 Complaint, filed by Lisa A. Garcia, Sue C. Phelps, Lisa A. Kennicott (Payment made via Pay.gov)(Levin-Gesundheit, Michael)

Feb. 7, 2017

Feb. 7, 2017

PACER

United States Magistrate Judge William P Lynch and United States Magistrate Judge Gregory J. Fouratt assigned. (ln)

Feb. 7, 2017

Feb. 7, 2017

PACER
2

PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge William P Lynch to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ln) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER

Summons Issued as to Sandia Corporation. (ln)

Feb. 7, 2017

Feb. 7, 2017

PACER
4

PLEASE TAKE NOTICE that this case has been reassigned to District Judge James O. Browning as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge William P Lynch no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (iam) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
5

NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 3. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dc) (Entered: 02/16/2017)

Feb. 16, 2017

Feb. 16, 2017

PACER
6

NOTICE of Entry of Appearance by Scott D. Gordon, Theresa W. Parrish, Jeffrey L. Lowry and Stephanie L. Latimer on behalf of Sandia Corporation (Lowry, Jeffrey) Modified on 2/23/2017 to add additional attorneys(mr). (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
7

ASSOCIATION of Attorney Licensed Outside the District for Defendant Sandia Corporation by Jeffrey L. Lowry on behalf of: Grace E. Speights Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NWWashington, DC 20004-2541 202-739-3000 Fax 202-739-3001 grace.speights@morganlewis.com (Association Dues - Online Payment) (Lowry, Jeffrey)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER

Association Dues Received: $ 100 receipt number 1084-5068320 re: # 7 Association of Attorney Licensed Outside the District, filed by Sandia Corporation (Payment made via Pay.gov)(Lowry, Jeffrey)

Feb. 22, 2017

Feb. 22, 2017

PACER
8

NOTICE of Appearance and LR 83.3 Certification by Jeffrey L. Lowry on behalf of Sandia Corporation (Lowry, Jeffrey) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
9

ASSOCIATION of Attorney Licensed Outside the District for Defendant Sandia Corporation by Jeffrey L. Lowry on behalf of: Michael S. Burkhardt Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NWWashington, DC 20004-2541 202-739-3000 Fax 202-739-3001 michael.burkhardt@morganlewis.com (Association Dues - Online Payment) (Lowry, Jeffrey)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER

Association Dues Received: $ 100 receipt number 1084-5068377 re: # 9 Association of Attorney Licensed Outside the District, filed by Sandia Corporation (Payment made via Pay.gov)(Lowry, Jeffrey)

Feb. 22, 2017

Feb. 22, 2017

PACER
10

NOTICE of Appearance and LR 83.3 Certification by Jeffrey L. Lowry on behalf of Sandia Corporation (Lowry, Jeffrey) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
11

ASSOCIATION of Attorney Licensed Outside the District for Defendant Sandia Corporation by Jeffrey L. Lowry on behalf of: Krissy A. Katzenstein Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NWWashington, DC 20004-2541 202-739-3000 Fax 202-739-3001 krissy.katzenstein@morganlewis.com (Association Dues - Online Payment) (Lowry, Jeffrey)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER

Association Dues Received: $ 100 receipt number 1084-5068402 re: # 11 Association of Attorney Licensed Outside the District, filed by Sandia Corporation (Payment made via Pay.gov)(Lowry, Jeffrey)

Feb. 22, 2017

Feb. 22, 2017

PACER
12

NOTICE of Appearance and LR 83.3 Certification by Jeffrey L. Lowry on behalf of Sandia Corporation (Lowry, Jeffrey) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
13

NOTICE Notice of Stipulated Extension of Time by Sandia Corporation. (Gordon, Scott) Modified text on 4/28/2017 (meq). (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
14

MOTION to Dismiss State Law Claims by Sandia Corporation. (Lowry, Jeffrey) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
15

ANSWER to 1 Complaint, by Sandia Corporation. Related document: 1 Complaint, filed by Lisa A. Garcia, Sue C. Phelps, Lisa A. Kennicott.(Lowry, Jeffrey) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
16

Corporate Disclosure Statement by Sandia Corporation (Lowry, Jeffrey) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
17

NOTICE of Appearance by Tiseme Gabriella Zegeye on behalf of Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps (Zegeye, Tiseme) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
18

RESPONSE in Opposition re 14 MOTION to Dismiss State Law Claims and Motion to Conduct Jurisdictional Discovery filed by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps. (Attachments: # 1 Affidavit Declaration of Tiseme G. Zegeye in Support of Motion to Conduct Jurisdictional Discovery and Opposition to Motion to Dismiss, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Zegeye, Tiseme) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
19

NOTICE by Sandia Corporation re 18 Response in Opposition to Motion, Deft's Resp to Pl's Mot to Conduct Jurisdictional Discovery (Lowry, Jeffrey) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
20

REPLY to Response to Motion re 14 MOTION to Dismiss State Law Claims filed by Sandia Corporation. (Lowry, Jeffrey) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
21

NOTICE of Briefing Complete by Sandia Corporation re 14 MOTION to Dismiss State Law Claims filed by Sandia Corporation (Lowry, Jeffrey) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
22

ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps by Elizabeth Stork (Association Dues - Online Payment) (Stork, Elizabeth)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER
23

ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps by Adam T. Klein (Association Dues - Online Payment) (Klein, Adam)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER

Association Dues Received: $ 100 receipt number 1084-5156158 re: # 23 Association of Attorney Licensed Outside the District, filed by Lisa A. Garcia, Sue C. Phelps, Lisa A. Kennicott (Payment made via Pay.gov)(Klein, Adam)

April 18, 2017

April 18, 2017

PACER

Association Dues Received: $ 100 receipt number 1084-5156169 re: # 22 Association of Attorney Licensed Outside the District, filed by Lisa A. Garcia, Sue C. Phelps, Lisa A. Kennicott (Payment made via Pay.gov)(Stork, Elizabeth)

April 18, 2017

April 18, 2017

PACER
24

ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps by P. David Lopez (Association Dues - Online Payment) (Lopez, P.)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER

Association Dues Received: $ 100 receipt number 1084-5160723 re: # 24 Association of Attorney Licensed Outside the District, filed by Lisa A. Garcia, Sue C. Phelps, Lisa A. Kennicott (Payment made via Pay.gov)(Lopez, P.)

April 20, 2017

April 20, 2017

PACER
25

NOTICE by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps re 22 Association of Attorney Licensed Outside the District, 23 Association of Attorney Licensed Outside the District, 24 Association of Attorney Licensed Outside the District, Certification by Member of the Federal Bar of the District of New Mexico (Levin-Gesundheit, Michael) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER
26

Plaintiffs' REPLY Memorandum in Support of Motion to Conduct Jurisdictional Discovery re 18 Response in Opposition to Motion, 19 Notice (Other) filed by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps. (Attachments: # 1 Affidavit Declaration of Michael Levin-Gesundheit in Support of Plaintiffs' Reply Memorandum in Support of Plaintiffs' Motion to Conduct Jurisdictional Discovery, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Zegeye, Tiseme) (Entered: 04/27/2017)

April 27, 2017

April 27, 2017

PACER
27

NOTICE by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps re 26 Reply, Notice of Completion of Briefing (Zegeye, Tiseme) (Entered: 04/27/2017)

April 27, 2017

April 27, 2017

PACER
28

INITIAL SCHEDULING ORDER by District Judge James O. Browning scheduling the Initial Scheduling Conference for 6/2/2017 at 02:30 PM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning; JSR/PDP due 5/26/2017. (kw) (Entered: 04/28/2017)

April 28, 2017

April 28, 2017

RECAP
29

NOTICE of motion hearing regarding the Defendant's Motion to Dismiss State Law Claims 14 and the Plaintiffs' Motion to Conduct Jurisdictional Discovery 18 scheduled for 6/2/2017 at 02:30 PM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (kw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 04/28/2017)

April 28, 2017

April 28, 2017

PACER
30

Corporate Disclosure Statement by Sandia Corporation (Lowry, Jeffrey) (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

PACER
31

MOTION to Continue Hearing & Conference by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps. (Levin-Gesundheit, Michael) (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

PACER
32

ORDER by District Judge James O. Browning granting 31 MOTION to Continue Hearing & Conference and rescheduling both for 6/12/2017 at 01:30 PM in Albuquerque - 460 Vermejo Courtroom. (meq) (Entered: 05/17/2017)

May 17, 2017

May 17, 2017

PACER
33

CERTIFICATE OF SERVICE by Sandia Corporation of its Initial Disclosures to Plaintiffs' Counsel (Gordon, Scott) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
34

CERTIFICATE OF SERVICE by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps of Plaintiffs' Initial Disclosures (Zegeye, Tiseme) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
35

MINUTE ORDER, pursuant to the direction of District Judge James O. Browning, notifying the parties that the Court will be out of district in the Dallas, Texas area on 6/12/2017 and that the Court would like to conduct the motion hearing and Initial Scheduling Conference scheduled for 6/12/2017 out of district and by telephone. The purpose of this order is, in part, to request consent from the parties to allow the Court to conduct the hearing out of district from the Dallas, Texas area. If the parties consent to the Court doing so, they should submit a filing with the Court so stating; if they do not consent, they should submit a filing so stating and the Court will determine whether to continue the hearing to a later date. Should counsel also wish to appear telephonically for the hearing they should contact the Court's Courtroom Deputy ((505) 348-2289)) to coordinate arrangements. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.(kw) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
36

NOTICE by Sandia Corporation re 35 Minute Order,,, Consent to Out-of-District Hearing (Gordon, Scott) (Entered: 06/06/2017)

June 6, 2017

June 6, 2017

PACER
37

NOTICE by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps Consent to Telephonic Hearing (Zegeye, Tiseme) (Entered: 06/06/2017)

June 6, 2017

June 6, 2017

PACER
38

MINUTE ORDER, pursuant to the direction of District Judge James O. Browning, notifying the parties that to telephonically connect to the hearing scheduled on 6/12/2017 they should contact (888) 684-8852 and utilize Access Code 5469085. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kw) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

PACER
39

Joint Status Report by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps (Zegeye, Tiseme) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

PACER
40

CERTIFICATE OF SERVICE by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps of Amended Initial Disclosures (Levin-Gesundheit, Michael) (Entered: 06/11/2017)

June 11, 2017

June 11, 2017

PACER
41

CERTIFICATE OF SERVICE by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps of Plaintiffs' Second Set of Requests for Production of Documents (Levin-Gesundheit, Michael) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
98

Clerk's Minutes for proceedings held before District Judge James O. Browning: Motion Hearing held on 6/12/2017 re 14 MOTION to Dismiss State Law Claims filed by Sandia Corporation, Scheduling Conference held on 6/12/2017. (Court Reporter J. Bean) (meq) (Entered: 03/14/2018)

June 12, 2017

June 12, 2017

PACER
42

CERTIFICATE OF SERVICE by Sandia Corporation of its First Set of Interrogatories and First Requests for Production of Documents to counsel for Lisa Kennicott (Gordon, Scott) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
43

CERTIFICATE OF SERVICE by Sandia Corporation of its First Set of Interrogatories and First Requests for Production of Documents to counsel for Lisa Garcia (Gordon, Scott) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
44

CERTIFICATE OF SERVICE by Sandia Corporation of its First Set of Interrogatories and First Requests for Production of Documents to counsel for Sue Phelps (Gordon, Scott) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
45

CERTIFICATE OF SERVICE by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps of Second Amended Initial Disclosures (Levin-Gesundheit, Michael) (Entered: 06/28/2017)

June 28, 2017

June 28, 2017

PACER
46

CERTIFICATE OF SERVICE by Sandia Corporation of its Objections & Responses to Plaintiffs' First Set of Requests for Production of Documents (Gordon, Scott) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER
47

CERTIFICATE OF SERVICE by Sandia Corporation of its Objections & Responses to Plaintiffs' Second Set of Requests for Production of Documents (Katzenstein, Krissy) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
48

Joint MOTION to Extend (other) Deadlines for Motions to Compel by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps. (Shaver, Anne) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
49

CERTIFICATE OF SERVICE by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps of Discovery Responses (Levin-Gesundheit, Michael) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
50

TRANSCRIPT of Proceedings held on 06/12/17, before District Judge James O. Browning. Court Reporter/Transcriber Jennifer Bean, Telephone number 505-348-2283. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. PLEASE TAKE NOTICE that each party now has seven (7) calendar days to file a Notice of Intent to Request Redaction of any personal identifiers from this transcript. If no notice is filed during this seven-day period, the court will assume that redaction of personal data is not necessary and will make the transcript electronically available, as is, to the public after 90 days. For additional guidance, PLEASE REVIEW the complete policy, located in the CM/ECF Administrative Procedures Manual at www.nmcourt.fed.us. Notice of Intent to Request Redaction set for 8/14/2017. Redaction Request due 8/28/2017. Redacted Transcript Deadline set for 9/7/2017. Release of Transcript Restriction set for 11/6/2017.(jab) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
51

ORDER by District Judge James O. Browning granting 48 ORDER on Motion to Extend Deadlines for Motions to Compel (meq) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

RECAP
52

NOTICE of status conference scheduled for 8/22/2017 at 10:00 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (mnb)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
86

Clerk's Minutes for proceedings held before District Judge James O. Browning: Status Conference held on 8/22/2017. (Court Reporter J. Bean) (meq) (Entered: 02/22/2018)

Aug. 22, 2017

Aug. 22, 2017

PACER
53

Joint MOTION for Protective Order by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps. (Zegeye, Tiseme) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
54

STIPULATION CONCERNING PRODUCTION OF ELECTRONICALLY STORED INFORMATION by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps (Zegeye, Tiseme) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
55

Joint Status Report re Discovery by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps (Zegeye, Tiseme) (Entered: 08/31/2017)

Aug. 31, 2017

Aug. 31, 2017

PACER
56

ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps by Cheryl-Lyn Bentley (Association Dues - Online Payment) (Bentley, Cheryl-Lyn)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

PACER

Association Dues Received: $ 100 receipt number 1084-5392647 re: # 56 Association of Attorney Licensed Outside the District, filed by Lisa A. Garcia, Sue C. Phelps, Lisa A. Kennicott (Payment made via Pay.gov)(Bentley, Cheryl-Lyn)

Sept. 12, 2017

Sept. 12, 2017

PACER
57

NOTICE by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps re 56 Association of Attorney Licensed Outside the District, Certification by Member of the Federal Bar of the District of New Mexico (Levin-Gesundheit, Michael) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

PACER
58

STATUS REPORT Joint Discovery Status Report by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps (Zegeye, Tiseme) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
59

CERTIFICATE OF SERVICE by Sandia Corporation of its Second Set of Request for Production to counsel for Lisa Kennicott (Gordon, Scott) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
60

BRIEF re 18 Response in Opposition to Motion, Plaintiffs' Supplemental Submission in Support of Plaintiffs' Opposition to Defendant's Motion to Dismiss State Law Claims by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps (Levin-Gesundheit, Michael) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
61

DECLARATION re 60 Brief, Declaration of Michael Levin-Gesundheit ISO Plaintiffs' Supplemental Submission ISO Plaintiffs' Opposition to Defendant's Motion to Dismiss State Law Claims by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Levin-Gesundheit, Michael) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
62

Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' Supplemental Submission by Sandia Corporation. (Lowry, Jeffrey) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
63

STATUS REPORT Joint Discovery Status Report by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps (Zegeye, Tiseme) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
64

ORDER by District Judge James O. Browning granting 62 Motion for Extension of Time to File Response (meq) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
65

RESPONSE to Plaintiffs' Supplemental Submission in Support of Plaintiffs Opposition to Defendants Motion to Dismiss State Law Claims re 60 Brief, filed by Sandia Corporation. (Attachments: # 1 Exhibit 1 and 2) (Lowry, Jeffrey) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
66

CERTIFICATE OF SERVICE by Lisa A. Kennicott of Objections & Response to Defendant's 2nd Set of Request for Production of Documents (Zegeye, Tiseme) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER
67

Unopposed MOTION for Leave to File Reply to Sandia's Response to Plaintiffs' Supplemental Submission In Support of Plaintiffs' Opposition to Sandia's Motion to Dismiss State Law Claims by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps. (Levin-Gesundheit, Michael) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
68

STATUS REPORT Joint Discovery Status Report by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps (Zegeye, Tiseme) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER
69

ORDER by District Judge James O. Browning granting 67 Motion for Leave to File Reply (meq) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
70

Plaintiffs' REPLY to Sandia's Response to Plaintiffs' Supplemental Submission ISO Plaintiffs' Opposition to Sandia's Motion to Dismiss State Law Claims re 65 Response, filed by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps. (Levin-Gesundheit, Michael) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
71

NOTICE of Briefing Complete by Sandia Corporation re 14 MOTION to Dismiss State Law Claims filed by Sandia Corporation (Lowry, Jeffrey) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

PACER
72

ORDER by District Judge James O. Browning granting 53 Motion for Protective Order (meq) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

RECAP
73

ORDER by District Judge James O. Browning re 54 Stipulation Concerning Production of Electronically Stored Information (meq) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

RECAP
74

STATUS REPORT Joint Discovery Report by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps (Zegeye, Tiseme) (Entered: 12/29/2017)

Dec. 29, 2017

Dec. 29, 2017

PACER
75

NOTICE of Status Conference scheduled for 1/18/2018 at 02:30 PM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (mnb)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 01/05/2018)

Jan. 5, 2018

Jan. 5, 2018

PACER
76

NOTICE of Motion Hearing regarding the Defendant's Motion to Dismiss state Law Claims 14 scheduled for 1/19/2018 at 11:00 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (mnb)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 01/18/2018)

Jan. 18, 2018

Jan. 18, 2018

PACER
89

Clerk's Minutes for proceedings held before District Judge James O. Browning: Status Conference held on 1/18/2018. (Court Reporter J. Bean) (kg) (Entered: 02/22/2018)

Jan. 18, 2018

Jan. 18, 2018

RECAP
88

Clerk's Minutes for proceedings held before District Judge James O. Browning: Motion Hearing held on 1/19/2018 re 14 MOTION to Dismiss State Law Claims filed by Sandia Corporation. (Court Reporter J. Bean) (kg) (Entered: 02/22/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
77

CERTIFICATE OF SERVICE by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps of Plaintiffs' First Set of Interrogatories to Defendant (Levin-Gesundheit, Michael) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER
78

TRANSCRIPT of Motion Proceedings held on 01/19/18, before District Judge James O. Browning. Court Reporter/Transcriber Jennifer Bean, Telephone number 505-348-2833. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. PLEASE TAKE NOTICE that each party now has seven (7) calendar days to file a Notice of Intent to Request Redaction of any personal identifiers from this transcript. If no notice is filed during this seven-day period, the court will assume that redaction of personal data is not necessary and will make the transcript electronically available, as is, to the public after 90 days. For additional guidance, PLEASE REVIEW the complete policy, located in the CM/ECF Administrative Procedures Manual at www.nmcourt.fed.us. Notice of Intent to Request Redaction set for 1/31/2018. Redaction Request due 2/14/2018. Redacted Transcript Deadline set for 2/26/2018. Release of Transcript Restriction set for 4/24/2018. (jab) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
79

Joint MOTION to Extend (other) Case Schedule by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps. (Zegeye, Tiseme) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
80

ORDER by Magistrate Judge Gregory J. Fouratt GRANTING 79 Joint Motion to Extend Case Schedule. (kdj) (Entered: 01/26/2018)

Jan. 26, 2018

Jan. 26, 2018

RECAP
81

STATUS REPORT Joint Discovery Status Report by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps (Zegeye, Tiseme) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
82

TRANSCRIPT of Motion Proceedings held on 01/18/18, before District Judge James O. Browning. Court Reporter/Transcriber Jennifer Bean, Telephone number 505-348-2833. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. PLEASE TAKE NOTICE that each party now has seven (7) calendar days to file a Notice of Intent to Request Redaction of any personal identifiers from this transcript. If no notice is filed during this seven-day period, the court will assume that redaction of personal data is not necessary and will make the transcript electronically available, as is, to the public after 90 days. For additional guidance, PLEASE REVIEW the complete policy, located in the CM/ECF Administrative Procedures Manual at www.nmcourt.fed.us. Notice of Intent to Request Redaction set for 2/7/2018. Redaction Request due 2/21/2018. Redacted Transcript Deadline set for 3/5/2018. Release of Transcript Restriction set for 5/1/2018. (jab) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
83

MEMORANDUM in Support re 14 MOTION to Dismiss State Law Claims Supplemental Post-Hearing Brief filed by Sandia Corporation. (Attachments: # 1 Exhibit A) (Lowry, Jeffrey) (Entered: 01/31/2018)

1 Exhibit A

View on RECAP

Jan. 31, 2018

Jan. 31, 2018

RECAP
84

Plaintiffs' RESPONSE to Sandia's Supplemental Post-Hearing Brief re 83 Memorandum in Support filed by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps. (Levin-Gesundheit, Michael) (Entered: 02/15/2018)

Feb. 15, 2018

Feb. 15, 2018

PACER
85

NOTICE by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps of Withdrawal of Attorney Elizabeth V. Stork (Stork, Elizabeth) (Entered: 02/16/2018)

Feb. 16, 2018

Feb. 16, 2018

PACER
87

NOTICE of Appearance by Shira J. Tevah on behalf of Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps (Tevah, Shira) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
90

STATUS REPORT Joint Discovery Status Report by Lisa A. Garcia, Lisa A. Kennicott, Sue C. Phelps (Zegeye, Tiseme) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER

Case Details

State / Territory: New Mexico

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 7, 2017

Closing Date: May 24, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three current and former female employees of Sandia Corporation, seeking to represent a class of similarly situated current and former female employees employed by Sandia in the United States.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Outten & Golden

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Sandia Corporation (Albuquerque, Bernalillo), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Impact

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

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

Pay / Benefits

Promotion

Discrimination-basis:

Sex discrimination

Affected Gender:

Female