Free Response to Motion - District Court of Arizona - Arizona

Exhibit B

Case 2:02-cv-02157-SRB

Document 78-4

Filed 07/17/2006

Page 1 of 5

\-11 (rev. 5/00)
~"
"

Page 1 of2
,SCA DOCKET # (IF KNOWN)
"

Form 6. Civil Appeals Docketing Statement
~

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CIVIL APPEALS DOCKETING STATEMENT
?LEASE ATTACH ADDmONAL PAGES IF NECESSARY.
i
i

TITLE IN FULL: Joyce A. Corrales,

IDISTRICT: Arizona
Plaintiff,
DISTRICT COURT NUMBER: DATE NOTICE OF APPEAL FILED: Feb. 20, 2004

R]DGE:Susan

R.

Bolton

vs.
Chase Bankcard Services, Inc., a Delaware corporation, d.b.a. Chase Manhattan Bank, N.A., Defendant.

CIV 02"""2157-PHX~SRB
IS TIllS ACROSS-APPEAL?

0

YES

IF THIS MAITER HAS BEEN BEFORE TIllS COURT PREVIOUSLY, PLEASE PROVIDE TIIE DOCKET NUMBER AND CITATION (IF ANY):

BRIEF DESCRIPTION OF NATURE OF ACTION AND RESULT BELOW:

Plaintiff filed 3 count commotion to dismiss count

plaint

against

former

employer,

"

including

count one a.lleging sexual harass-

ment in violation of Title VII.

Disty Couftgranted . ~ .

PRINCIPAL ISSUES PROPOSED TO BE RAISED ON APPEAL: ~'hether the facts plead in the Plaintiff's complaint stated a claim for relief for sexual harassment in violation of Title VII of the Civil Rights Act of 1964, 42 D.S.C. 2000e-2(a), in rhp r.onrpxr or ~ mnrion rn nismiss under Fed. Rules Civ. Proc. Rule 12 PLEASE IDENTIFY ANY OTHER LEGAL PROCEEDING THAT MAY HAVE A BEARING ON TIllS CASE (INCLUDE PENDING DISTRICT COURT POST-J1JDGMENT MOTIONS):

DOES THIS APPEAL INVOLVE ANY OF THE FOLLOWING:

0

Possibility of settlement

0 0 0

Likelihood that intervening precedent will control outcome of appeal Likelihood of a motion to expedite or to stay the appeal, or other procedural matters (Specify) Any other information relevant to the inclusion of this case in the Mediation Program

0

Possibility parties would stipulate to binding award by Appellate Commissioner in lieu of submission to judges

Case 2:02-cv-02157-SRB

Document-878-4

Filed 07/17/2006

Page 2 of 5 Effective

7/lflOOO

-.u

. - .-

LOWER COURT INFORMATION
JURISDICTION , FEDERAL
FEDERAL QUESTION APPELLATE

Page 2 of2

DISTRICT C,- JRT DISPOSITION TYPEOF JUDGMENT/ORDER APPEALED RELIEF

FINALDECISION OF
DISTRICT COURT

0 0
0 0 -

DEFAULTJUDGMENT
DISMISSAL/JURISDICTION

D
0

DAMAGES:
SOUGHT $ AWARDED $
INJUNCTIONS:

D
0 -

DIVERSITY

0

INTERLOCUTORY
DECISION APPEALABLE

r.xr DISMISSALIMERlTS
SUMMARY JUDGMENT

OTIffiR
(SPECIFY):

AS OF RIGHT

0
0

PRELIMINARY
PERMANENT

0 -

JUDGMENT/COURTECISION D JUDGMENT/JURY VERDICT
DECLARATORY JUDGMENT

INTERLOCUTORY

ORDER CERTIFIED BY DISTRICT JUDGE (SPECIFY):

0 0 -

0 0 0

GRANTED DENIED

0 -

0 OTIlER
(SPECIFY):

JUDGMENT ASA MATTEROFLAW ATTORNEY FEES: SOUGHT$ AWARDED S OTIffiR(SPECIFY):

0

0 0
CERTIFICATION
I CERTIFY THAT:

PENDING

COSTS: $ .

OF COUNSEL

1. COPIESOFORDER/JUDGMENT PPEALED A FROMAREATTACHED. 2. 3.

YES

No(SEE9TII

A CURRENTSERVICELISTORREPRESENTATION STATEMENT WITHTELEPHONE ANDFAXNUMBERSI~rtACHED CIR.RULE3-2) because the Appellant is pro per. 9th Cir. Rule 3-2(a)3. A COpy OF TIIISCIVILAPPEALSDOCKETING STATEMENT WASSERVED COMPLIANCE IN WITHFRAP25.

YES

Fphruary 20, 2004 Date

NAME: FIRM: ADDRESS:
;

SEL WHO COMPLETED TillS FORM r)

E-MAn..: TELEPHONE: FAX:

*TlUS DOCUMENT SHOULD BE FILED IN THE DISTRICT COURT WITH THE NOTICE OF APPEAL * *IF FILED LATE, IT SHOULD BE FILED DIRECTLY WITH THE U.S. COURT OF APPEALS *

Case 2:02-cv-02157-SRB

Document-978-4

Filed 07/17/2006

Page 3 of 5

Effective 7/1/2000

~-11 (rev. 5/00)

Page 1 of2
USCA DOCKET # (IF KNOWN)

Form 6. Civil Appeals Docketing Statement
,

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CML APPEALS DOCKETING STATEMENT
?LEASEATTACHADDITIONAL PAGESIFNECESSARY.
I

TITLE IN FULL: Joyce A. Corrales, Plaintiff, vs. Chase Bankcard Services, Inc., a Delaware corporation, d.b.a. Chase Manhattan Bank, N.A., Defendant.

.

r;ISTRICT: Arizona
DISTRICT COURT NUMBER:

nJDGE:Susan R. Bolton
CIV 02.,..2157-PHX-SRB

FILED: F eb OF APPEAL DATE NOTICE 20, 2004

.

I

IS THISACROSS-APPEAL?

Q

YES

IF THIS MATTER HAS BEEN BEFORE THIS COURT PREVIOUSLY, PLEASE PROVIDE THE DOCKET NUMBER AND CITATION (IF ANY):

BRIEF DESCRIPTION OF NATURE OF ACTION AND RESULT BELOW:

Plaintiff filed 3 count com-

plaint against former employer, including count one alleging sexual harassment in violation of Title VII. Dist, Court granted motion to dismiss count
PRINCIPAL ISSUES PROPOSED TO BE RAISED ON APPEAL: V'v"'hether the facts plead in the Plaintiff's complaint stated a claim for relief for sexual harassment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-2(a) in rnp r.onrpxr of ~ morion ro dismiss under Fed. Rules civ. Proc. Rule 12( PLEASE IDENTIFY ANY OTHER LEGAL PROCEtDING THAT MAY HAVE A BEARING ON TIllS CASE (INCLUDE PENDING DISTRICT COURT POST-JUDGMENT MOTIONS):

,

DOES TIllS APPEAL INVOLVE ANY OF THE FOLLOWING:

0

Possibility of settlement

0 "Likelihood that intervening precedent will control outcome of appeal 0 Likelihoodof a motionto expediteor to staythe appeal,or otherproceduralmatters(Specify)
0 Any other information relevant to the inclusion of this case in the Mediation Program

0

Possibility parties would stipulate to binding award by Appellate Commissioner in lieu of submission to judges

Case 2:02-cv-02157-SRB

Document -878-4

Filed 07/17/2006

Page 4 of 5

Effective 7/112000

--.__M.__.-

-JURlSDICTION , FEDERAL
FEDERAL QUESTION

LOWERCOURTINFORMATION
DISTRICT CuURT DISPOSITION TYPEOF JUDGMENT/ORDERPPEALED A RELIEF APPELLATE FINALDECISIONOF
DISTRICT COURT

Page2 of2

D D
0 D -

DEFAULTJUDGMENT
DISMISSAL/JURISDICTION DISMISSALIMERITS SUMMARY JUDGMENT JUDGMENT/COURT DECISION JUDGMENT/JURY VERDICT DECLARATORY JUDGMENT

D D -

DAMAGES:
SOUGHT $ AWARDED $ INJUNCTIONS:

D
O -

DIVERSITY

D -

INTERLOCUTORY
DECISION APPEALABLE AS OF RIGHT

OTIffiR
(SPECIFY):

D -

PRELIMINARY PERMANENT

D -

INTERLOCUTORY
ORDERCERTIFIED BY DISTRICTJUDGE
(SPECIFY):

D D D 0

D D
0
0

GRANTED DENIED

JUDGMENT ASAMATTER OFLAW
ATTORNEY FEES:

0 -

OTIffiR

(SPECIFY):

OTIffiR(SPECIFY):

SOUGHT$ AWARDED$

0 0
.

PENDING

COSTS:$ .

CERTIFICATION OF COUNSEL
I CERTIFY THAT:
1. 2. 3. COPIESOF ORDER/JUDGMENT PPEALEDFROMAREATTACHED. A
CIR. RULE 3-2)

YE.S
.

A CURRENTSERVICELIST ORREPRESENTATION STATEMENT WITHTELEPHONE ANDFAXNUMBERSISM.TTACHED (SEE9TH

NoT

because

the Appellant

is pro per. 9.th Cir. Rule 3-2 (a) 3.

A COpy OFTIllS CIVll..APPEALSDOCKETING STATEMENT WASSERVEDIN COMPLIANCE WITHFRAP25.

YES

iff~Appellant

Pro Per

Fp.hruary 20, 2004

Date
NAME:
FIRM: ADDRESS:
i

SEL WHO COMPLETED TIDS FORM r)

E-MAil..: TELEPHONE: FAX: *Tms DOCUMENT SHOULD BE FILED IN THE DISTRICT COURT WITH THE NOTICE OF APPEAL *IF FILED LATE, IT SHOULD BE FILED DIRECTLY WITH THE U.S. COURT OF APPEALS * *

Case 2:02-cv-02157-SRB

Document 78-4 -9-

Filed 07/17/2006

Page 5 of 5 Effective 7/1/2000