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Newson v. Wal-Mart Stores

August 7, 2009

WAYNE NEWSON, PLAINTIFF,
v.
WAL-MART STORES, INC., DEFENDANT.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER AFTER SCHEDULING CONFERENCE

I. Date of Scheduling Conference. August 5, 2009.

III. Summary of Pleadings

1. Plaintiff Wayne Newson is a former Associate from Wal-Mart Store #2039 in Merced, California. Plaintiff contends that he was wrongfully terminated because Defendant allegedly failed to follow its internal policies regarding the termination of arrested associates. Plaintiff alleges that his fourteen-year employment history, good performance evaluations, promotions, raises, and the policies created an implied contract for future employment. Defendant contends that Plaintiff was an at will employee pursuant to California Labor Code § 2992, therefore Plaintiff could have been terminated by Defendant at any time with or without cause.

2. On June 22, 2009, the Court heard Defendant's Motion to Dismiss certain causes of action in Plaintiff's Fifth Amended Complaint. The Court dismissed all of Plaintiff's causes of action with prejudice and without leave to amend, except for Plaintiff's fifth cause of action for breach of implied contract.

3. On July 24, 2009, Defendant was served with a Notice of Appeal to a Court of Appeals from a Judgment or Order of a District Court. Plaintiff is appealing this Court's order granting Defendant's Motion to Dismiss on June 22, 2009. As such, the parties request this proceeding be stayed until the appeal is resolved. The discovery and motion deadlines discussed below are likely to change depending on the outcome of the appeal.

4. On or about April 29, 2008, Plaintiff filed this action in the Superior Court of the State of California in and for the County of Merced. Defendant Wal-Mart was improperly served on or about April 29, 2008. On or about June 13, 2008, Plaintiff filed a First Amended Complaint. Defendant Wal-Mart was properly served on or about June 16, 2008, through its registered agent with a copy of the Summons and First Amended Complaint. Plaintiff has not yet identified or served any additional defendants.

Procedural Background

5. Following several demurrers by Defendant and Amended Complaints by Plaintiff, Plaintiff filed a Fifth Amended Complaint on or about March 9, 2009. On or about April 10, 2009, Defendant removed this action pursuant to the provisions of 28 U.S.C. § 1441(b) to the United States District Court, Eastern District of California.

IV. Orders Re Amendments To Pleadings

1. The parties do not presently contemplate amending the pleadings.

V. Factual Summary

A. Admitted Facts Which Are Deemed Proven Without Further Proceedings

1. Wayne Newson is an individual resident of the Eastern District of California and a ...


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