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CaseMap Facts by Issue Report |
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| Case: Phillip Hawkins v. Anstar Biotech Industries |
| Created: 7/23/07 3:02:14 PM |
Issue: 1. Wrongful Termination
| Description |
Facts bearing on Wrongful Termination:
| Date & Time | Fact Text | Source(s) | Status | Linked Issues |
|---|---|---|---|---|
| 10/??/2002 | Welcome to LexisNexis CaseMap! CaseMap makes it easy to create practical and polished case analysis work product. | Undisputed | Wrongful Termination | |
| Sat 10/12/2002 | Learn more about the newest CaseMap features via the "What's New" topic on the Help menu or view the tutorials that are available 24/7 at www.casemap.com/webinar | Disputed by: Us | Wrongful Termination | |
| Fri 11/22/2002 | If you're a prospective CaseMap user, let us give you a quick phone tour -- write tour@casesoft.com to schedule. | Disputed by: Opposition | Wrongful Termination | |
| Sun 11/24/2002 | If you're a new CaseMap user, be sure to take your no-charge phone training -- to schedule write us at training@casesoft.com. Also be sure to visit the CaseSoft Webinar Center (www.casemap.com/webinar) where we offer 60+ brief online tutorials that are available 24/7. | Disputed by: Opposition | Wrongful Termination | |
| 12/??/2002 | William Lang invites Philip Hawkins to visit Anstar Biotech Industries facilities in Irvine. | InterviewNotes | Prospective | Wrongful Termination |
| Fri 01/09/2004 to Wed 01/21/2004 | Philip Hawkins negotiates draft Hawkins Employment Agreement with William Lang. | Hawkins Employment Agreement | Undisputed | Wrongful Termination |
| 02/??/2004 | William Lang tells Philip Hawkins that he has changed his mind regarding the Hawkins Employment Agreement. It is not in force as it was never signed and changes were not finalized. | Philip Hawkins, Deposition of William Lang, 11:3. | Disputed by: Opposition | Wrongful Termination |
| Wed 05/11/2005 | Philip Hawkins receives Hawkins Performance Review from William Lang. Is rated a 1 "Outstanding Performer." | Hawkins Performance Review | Undisputed | Wrongful Termination, Deserved Termination |
| Mon 09/19/2005 | Philip Hawkins writes letter to William Lang complaining about the way he's being treated and alleging plan to eliminate older staff during reduction in force. | Hawkins Letter of 9/19/2005 | Undisputed | Wrongful Termination, Hawkins Specific |
| Fri 11/11/2005 | Reduction in force takes place. 55 Anstar Biotech Industries employees are let go including Philip Hawkins. Among others released were George Ny, and Hank Randle. | Undisputed | Wrongful Termination, Hawkins Specific |
Issue: 2. Age Discrimination
| Description | If you expect the case team to grow over time or are
sharing case information with a client, you might find it worthwhile to
include a synopsis of each issue in this field. Entering a description of each issue one time means you can give new team members a detailed report that saves you the effort of explaining the issues over and over again. Sure you'll provide some verbal explanation, but it can be driven by questions people have after reading the basics. Each cell in this field can hold 10,000 characters by default. 10,000 characters is equal to 5-6 single-spaced pages of text. Please note that this 10,000 character default maximum is true for all description type fields in CaseMap, e.g., Fact Text, not just for Issue Description. |
Facts bearing on Age Discrimination:
| Date & Time | Fact Text | Source(s) | Status | Linked Issues |
|---|---|---|---|---|
| Tue 09/27/2005 | William Lang meets with Frank Varvaro regarding RIF plans. | Deposition of William Lang, 101:14 | Disputed by: Us | Age Discrimination |
Issue: 2.1. Hawkins Specific
| Description |
Facts bearing on Hawkins Specific:
| Date & Time | Fact Text | Source(s) | Status | Linked Issues |
|---|---|---|---|---|
| Tue 10/15/2002 | Many legal industry products include a "Send to
CaseMap" feature that makes it easy to cull critical passages
from source material and automatically create a corresponding fact in
CaseMap. The fact created in CaseMap is linked back to the source passage in the sending application. One click reopens the source document and reselects the passage in its original context. Products that offer Send to CaseMap include LexisNexis's Total Litigator, Lexis.com, Applied Discovery, Concordance, TextMap, CourtLink, File & Serve, and Practice Advantage products, as well as Adobe Acrobat, Binder, FIOS Prevail, Worldox, Hummingbird DM5, Interwoven WorkSite, IPRO, JFS Litigator's Notebook, KPMG Discovery Radar, LiveNote, Ringtail, Stratify, Summation, and others. To see Send to CaseMap in action, visit this special page at the CaseSoft Webinar Center . . . www.casemap.com/webinar/stcm.asp CaseMap also features other forms of integration with such tools as our TimeMap timeline graphing tool, ALCoder, iCONECTnxt, Sanction, and Syngence. Additional integrations are in development. |
Disputed by: Us | Hawkins Specific, Retaliation | |
| 06/??/2005 | William Lang makes decision to reduce size of staff. | Deposition of Karen Thomas 43:19 | Disputed by: Us | Hawkins Specific |
| Tue 08/02/2005 #1 | Philip Hawkins and William Lang meet. | ???? | Undisputed | Hawkins Specific |
| Tue 08/02/2005 #2 | Philip Hawkins alleges that William Lang tells him "The old wood must be trimmed back hard." | Complaint, p. 8; Deposition of Philip Hawkins, 21:13; Hawkins Letter of 9/19/2005, Hawkins Letter of 8/2/2005 | Disputed by: Us | Hawkins Specific, Demotion |
| Mon 09/19/2005 | Philip Hawkins writes letter to William Lang complaining about the way he's being treated and alleging plan to eliminate older staff during reduction in force. | Hawkins Letter of 9/19/2005 | Undisputed | Wrongful Termination, Hawkins Specific |
| Fri 11/11/2005 | Reduction in force takes place. 55 Anstar Biotech Industries employees are let go including Philip Hawkins. Among others released were George Ny, and Hank Randle. | Undisputed | Wrongful Termination, Hawkins Specific | |
| Tue 11/15/2005 | Philip Hawkins turns 51. | Deposition of Philip Hawkins, 56:11-23 | Undisputed | Hawkins Specific |
Issue: 2.2. Pattern & Practice
| Description |
Facts bearing on Pattern & Practice:
| Date & Time | Fact Text | Source(s) | Status | Linked Issues |
|---|---|---|---|---|
| 07/??/2005 | Susan Sheridan is terminated. | Deposition of Philip Hawkins | Undisputed | Pattern & Practice |
Issue: 3. Retaliation
| Description |
Facts bearing on Retaliation:
| Date & Time | Fact Text | Source(s) | Status | Linked Issues |
|---|---|---|---|---|
| Tue 10/15/2002 | Many legal industry products include a "Send to
CaseMap" feature that makes it easy to cull critical passages
from source material and automatically create a corresponding fact in
CaseMap. The fact created in CaseMap is linked back to the source passage in the sending application. One click reopens the source document and reselects the passage in its original context. Products that offer Send to CaseMap include LexisNexis's Total Litigator, Lexis.com, Applied Discovery, Concordance, TextMap, CourtLink, File & Serve, and Practice Advantage products, as well as Adobe Acrobat, Binder, FIOS Prevail, Worldox, Hummingbird DM5, Interwoven WorkSite, IPRO, JFS Litigator's Notebook, KPMG Discovery Radar, LiveNote, Ringtail, Stratify, Summation, and others. To see Send to CaseMap in action, visit this special page at the CaseSoft Webinar Center . . . www.casemap.com/webinar/stcm.asp CaseMap also features other forms of integration with such tools as our TimeMap timeline graphing tool, ALCoder, iCONECTnxt, Sanction, and Syngence. Additional integrations are in development. |
Disputed by: Us | Hawkins Specific, Retaliation | |
| Fri 10/18/2002 | Have you seen CaseMap's ReportBook feature?
A ReportBook is a compilation of reports along with cover,
table of contents, report specific title pages, and so on. CaseMap includes pre-built ReportBook templates. Modify these as you wish. You can also create ReportBook templates from scratch. Please Print Preview of one of the ReportBooks in this example case. This will give you a much better sense of the impressive work product CaseMap's ReportBook functionality make it easy to create. Select ReportBook on CaseMap's main menu, then choose any of the pre-built ReportBooks listed, and click Preview on the fly out menu. |
Disputed by: Us | Retaliation | |
| 01/??/2003 | William Lang offers Philip Hawkins Sales Manager position at Anstar Biotech Industries. | InterviewNotes, Email from Phil Hawkins at 20050923 1514 to William Lang | Undisputed | Retaliation |
| Mon 12/01/2003 | Philip Hawkins promoted to Anstar Biotech Industries VP of Sales. | InterviewNotes | Undisputed | Retaliation |
Issue: 3.1. Transfer
| Description |
Facts bearing on Transfer:
| Date & Time | Fact Text | Source(s) | Status | Linked Issues |
|---|---|---|---|---|
| Thu 08/11/2005 | Philip Hawkins transferred to Anstar Biotech Industries office in Fresno. | Deposition of Philip Hawkins, p.43, l18. | Undisputed | Transfer, Deserved Termination |
Issue: 3.2. Demotion
| Description |
Facts bearing on Demotion:
| Date & Time | Fact Text | Source(s) | Status | Linked Issues |
|---|---|---|---|---|
| Tue 07/12/2005 | Anstar Biotech Industries second quarter sales announced. Sales have dropped by 8%. | Undisputed | Demotion, Deserved Termination | |
| Sat 07/30/2005 | Philip Hawkins demoted to sales manager. | Deposition of Philip Hawkins, 24:18 | Undisputed | Demotion |
| Tue 08/02/2005 #2 | Philip Hawkins alleges that William Lang tells him "The old wood must be trimmed back hard." | Complaint, p. 8; Deposition of Philip Hawkins, 21:13; Hawkins Letter of 9/19/2005, Hawkins Letter of 8/2/2005 | Disputed by: Us | Hawkins Specific, Demotion |
Issue: 4. Deserved Termination
| Description | Even though Philip Hawkins wasn't fired for cause, it will be interesting to see what facts might lead jurors to feel he deserved termination. |
Facts bearing on Deserved Termination:
| Date & Time | Fact Text | Source(s) | Status | Linked Issues |
|---|---|---|---|---|
| Wed 05/11/2005 | Philip Hawkins receives Hawkins Performance Review from William Lang. Is rated a 1 "Outstanding Performer." | Hawkins Performance Review | Undisputed | Wrongful Termination, Deserved Termination |
| Mon 07/04/2005 | Philip Hawkins allegedly makes derogatory remarks about Linda Collins to Karen Thomas during Anstar Biotech Industries Fourth of July picnic. Randy Fosheim in attendance. | InterviewNotes | Disputed by: Opposition | Deserved Termination |
| Tue 07/12/2005 | Anstar Biotech Industries second quarter sales announced. Sales have dropped by 8%. | Undisputed | Demotion, Deserved Termination | |
| Thu 08/11/2005 | Philip Hawkins transferred to Anstar Biotech Industries office in Fresno. | Deposition of Philip Hawkins, p.43, l18. | Undisputed | Transfer, Deserved Termination |
Issue: 5. Damages
| Description |
Facts bearing on Damages:
There are no Facts linked to this Issue.
Issue: 5.1. Failure to Mitigate
| Description |
Facts bearing on Failure to Mitigate:
| Date & Time | Fact Text | Source(s) | Status | Linked Issues |
|---|---|---|---|---|
| Wed 12/14/2005 | Philip Hawkins turns down job offer from Converse Chemical Labs. | Rumor William Lang heard | Prospective | Failure to Mitigate |
| 02/??/2006 | Philip Hawkins begins seeing psychiatrist on a weekly basis. | Deposition of Philip Hawkins, 95:18 | Undisputed | Failure to Mitigate, Mental Anguish |
| 04/??/2006 | Philip Hawkins turned down for positions with two companies the names of which he could not recall during deposition. | Deposition of Philip Hawkins, 97:21 | Disputed by: Us | Failure to Mitigate |
| Fri 04/14/2006 - Tue 04/18/2006 | Hawkins takes trip to Las Vegas. Spends weekend at the craps tables and is accompanied by a woman named "Sadie." Did not seem depressed or to be seeking employment -- Philip Hawkins didn't that is. | Investigative Report | Disputed by: Opposition | Failure to Mitigate, Lost Wages, Mental Anguish |
Issue: 5.2. Lost Wages
| Description |
Facts bearing on Lost Wages:
| Date & Time | Fact Text | Source(s) | Status | Linked Issues |
|---|---|---|---|---|
| Fri 04/14/2006 - Tue 04/18/2006 | Hawkins takes trip to Las Vegas. Spends weekend at the craps tables and is accompanied by a woman named "Sadie." Did not seem depressed or to be seeking employment -- Philip Hawkins didn't that is. | Investigative Report | Disputed by: Opposition | Failure to Mitigate, Lost Wages, Mental Anguish |
Issue: 5.3. Mental Anguish
| Description |
Facts bearing on Mental Anguish:
| Date & Time | Fact Text | Source(s) | Status | Linked Issues |
|---|---|---|---|---|
| 01/??/2006 | Philip Hawkins is diagnosed as suffering Post Traumatic Stress Disorder. | Mental Anguish | ||
| 02/??/2006 | Philip Hawkins begins seeing psychiatrist on a weekly basis. | Deposition of Philip Hawkins, 95:18 | Undisputed | Failure to Mitigate, Mental Anguish |
| Fri 04/14/2006 - Tue 04/18/2006 | Hawkins takes trip to Las Vegas. Spends weekend at the craps tables and is accompanied by a woman named "Sadie." Did not seem depressed or to be seeking employment -- Philip Hawkins didn't that is. | Investigative Report | Disputed by: Opposition | Failure to Mitigate, Lost Wages, Mental Anguish |