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Curtis C. Dinwiddie v. Waste Management

December 3, 2012

CURTIS C. DINWIDDIE,
PLAINTIFF,
v.
WASTE MANAGEMENT, INC., DON JOHNSON, AND
USA WASTE OF CALIFORNIA, INC.,
DEFENDANTS.



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

FINDINGS AND RECOMMENDATIONS REGARDING DEFENDANTS DON JOHNSON AND USA WASTE OF CALIFORNIA, INC.'S MOTION TO ENFORCE SETTLEMENT AGREEMENT (Document 36)

Procedural Background

On November 3, 2011, Plaintiff Curtis C. Dinwiddie filed a complaint with this Court asserting numerous federal and state claims related to his employment with Defendant Waste Management, Inc., including claims of race discrimination, retaliation, hostile work environment, failure to prevent harassment and violation of public policy. He sought equitable and injunctive relief, compensatory and special damages, punitive damages, attorneys' fees and costs, and other relief. (Doc. 2.)

On January 12, 2012, Defendant Don Johnson filed a Motion to Dismiss the seventh, eighth and eleventh causes of action. (Doc. 14.)

On February 6, 2012, Plaintiff filed a First Amended Complaint ("FAC"), again asserting numerous federal and state claims related to his employment with Defendant Waste Management, Inc., including claims of race discrimination, retaliation, hostile work environment, failure to prevent harassment and violation of public policy. He again sought equitable and injunctive relief, compensatory and special damages, punitive damages, attorneys' fees and costs, and other relief. (Doc. 17.)

On February 21, 2012, Defendant Johnson filed an answer to the FAC. (Doc. 20.)

On March 19, 2012, District Judge Lawrence J. O'Neill adopted a stipulation entered into by Plaintiff and Defendant Johnson wherein named Defendant Waste Management, Inc., was dismissed with prejudice, and wherein Plaintiff was permitted to file a Second Amended Complaint ("SAC") naming USA Waste of California, Inc., as a defendant. (Doc. 22.)

Plaintiff's SAC was filed on March 21, 2012. (Doc. 25.) On March 30, 2012, Defendant USA Waste of California, Inc. filed its answer to the SAC. (Doc. 26.)

On May 23, 2012, this Court issued its Amended Scheduling Conference Order setting discovery deadlines and relevant hearing and trial dates. (Doc. 32.)

Thereafter, on October 3, 2012, Defendants Don Johnson and USA Waste of California, Inc. ("Defendants") filed a Motion to Enforce Settlement Agreement and Enter Judgment Thereon. (Doc. 36.) The undersigned continued the hearing on the motion from November 2, 2012, to November 16, 2012. (Doc. 37.)

On November 6, 2012, Defendants filed notice that Plaintiff had not filed an opposition to the motion. (Doc. 38.)

On November 7, 2012, the undersigned took the hearing on the motion off calendar and the matter was deemed submitted pursuant to Local Rule 230(g). It was noted that an opposition to the motion had not been filed. (See Doc. 39.)

Shortly after the Court took the hearing off calendar and the matter was submitted, Plaintiff filed an opposition to Defendants' motion. (Doc. 40.) However, the opposition was untimely *fn1 and thus stricken pursuant ...


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