Bonzani v. Shinseki et al

Filing 114

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/6/14 directing plaintiff to file a a written waiver by 8/8/14 clarifying whether in addition to the waiver of jury on the issue of whether Dr. Hundahl is a "supervisor" under the Rehabilitation Act 74 , plaintiff also waives jury on whether Dr. Hundahl is an "employer" for purposes of the FMLA. (Hinkle, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MATTHEW BONZANI,

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No. 2:11-cv-0007-EFB

Plaintiff,
v.

ORDER

ROBERT McDONALD, Secretary of
Veterans Affairs; SCOTT HUNDAHL,
M.D.,
Defendants.

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On August 6, 2014, this matter was before the court for a supplemental final pretrial

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conference. At the conference, plaintiff’s counsel stated that her client waives his right to a jury

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trial on the issues of whether Dr. Hundahl is a “supervisor” for purposes of the Rehabilitation Act

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claim, and an “employer” for purposes of the FMLA claim. Similar representations were made at

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the original final pretrial conference. Plaintiff, however, previously filed a formal waiver with the

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court. ECF No. 74. The written waiver specifically states that plaintiff “waives a jury trial solely

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and exclusively on the issue of whether Defendant Dr. Scott Hundahl is a supervisor for purposes

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of Plaintiff’s Rehabilitation Act claim.” ECF No. 74. The waiver makes no mention of plaintiff’s

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FMLA claim. Thus, plaintiff’s written waiver is inconsistent with plaintiff’s counsel’s

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representations that her client waives his right to a jury trial on the issue of whether Dr. Hundahl

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is an “employer” for purposes of the FMLA.
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Accordingly, plaintiff is ordered to file a written waiver by August 8, 2014, clarifying the

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inconsistent statements, and specifically addressing whether he waives his right to a jury trial on

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the issue of whether Dr. Hundahl is an “employer” for purposes of the FMLA.

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DATED: August 6, 2014.

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