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Yingling v. SK Foods

February 6, 2009

RANDY YINGLING, PLAINTIFF,
v.
SK FOODS, LP, SK FOODS, INC., SCOTT SALYER AND DOES I - XX, DEFENDANTS.



The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

SCHEDULING ORDER (Fed. R. Civ. P 16)

Discovery Deadlines:

Initial Disclosures: February 13, 2009

Non-Expert: October 1, 2009

Expert Disclosures: December 1, 2009

Supp. Expert Discl.: January 7, 2010

Expert Discovery: March 5, 2010

Motion Deadlines:

Non-Dispositive: March 19, 2010

Dispositive: May 14, 2010

Pre-Trial Conference: June 30, 2010 at 3:30 p.m.

Courtroom 10 (GSA), 6th Floor

Trial: October 5, 2010 at 9:00 a.m.

Courtroom 10 (GSA), 6th Floor 10-15

Day Jury Trial Settlement Conference: July 7, 2010 at 10:00 a.m.

Courtroom 7 (SMS), 6th Floor

I. Date of Scheduling Conference

February 4, 2009.

III. The Pleadings

1. Plaintiff's Contentions

Plaintiff asserts claims of wrongful termination in violation of public policy, breach of employment contract-wrongful termination, age discrimination, and retaliation.

2. Defendants' Contentions

Defendants contend Plaintiff's termination was not motivated by retaliation, nor did Defendants discriminate against Plaintiff on the basis of his age.

Defendants deny Plaintiff's contentions regarding complaints he purportedly made to Defendants while in their employ.

Defendants contend that Plaintiff was terminated for failing to perform at the expected standard and for continuing behavioral issues. Additionally, Defendants contend multiple complaints were lodged regarding Plaintiff and his job performance.

Defendants contend that Plaintiff's employment was terminable at will, and there was no employment contract, oral or written, express or implied.

IV. Factual Summary

A. Uncontested Facts:

1. Plaintiff was employed by Defendant SK Foods, LP, SK Foods, Inc. during the ...


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