Weil v. Citizens Telecom Services Company, LLC et al

Filing 64

ORDER ON REMAND. The court VACATES its summary judgment order and judgment with respect to Mr. Weil's failure-to-promote claim. (Dkts. 51 , 52 ) The court also ORDERS the parties to file, within 14 days of the filing date of this order, a joint status report. Signed by Judge James L. Robart. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DAVID R. WEIL,

CASE NO. C15-0835JLR
Plaintiff,

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ORDER ON REMAND

v.
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CITIZENS TELECOM SERVICES
COMPANY, LLC, et al.,

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Defendants.

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Before the court is the opinion and mandate of the Ninth Circuit Court of Appeals
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affirming in part and reversing in part the court’s order on summary judgment and
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remanding this matter for further proceedings. (9th Cir. Op. (Dkt. # 60); 9th Cir.
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Mandate (Dkt. # 63); see also Am. SJ Order (Dkt. # 51).)
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The Ninth Circuit affirmed the court’s summary judgment in favor of Defendants
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Citizens Telecom Services Company, LLC and Frontier Communications Corporation
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(collectively, “Defendants”) on Plaintiff David R. Weil’s wrongful termination claim.
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ORDER - 1

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(See 9th Cir. Op. at 17-19.) The Ninth Circuit also ruled that the court erred in excluding

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on hearsay grounds a certain statement proffered by Mr. Weil and reversed the court’s

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summary judgment in favor of Defendants on Mr. Weil’s failure-to-promote claim. (Id.

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at 8-14, 16-17.)

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Accordingly, the court VACATES its summary judgment order and judgment with

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respect to Mr. Weil’s failure-to-promote claim. (See Am. SJ Order at 11-14, 16-19; Jmt.

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(Dkt. # 52) at 1.) The court also ORDERS the parties to file, within 14 days of the filing

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date of this order, a joint status report proposing how the court should proceed on

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remand. The parties should attempt to agree in good faith on a unified approach. If they

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cannot so agree, they may outline their disparate suggestions in the joint status report.
Dated this 24th day of June, 2019.

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A

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The Honorable James L. Robart
U.S. District Court Judge

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ORDER - 2