Case: Bostock v. Clayton County

1:16-cv-01460 | U.S. District Court for the Northern District of Georgia

Filed Date: May 5, 2016

Case Ongoing

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Case Summary

This was the lead case before the Supreme Court in 2020 when it held that "[a]n employer who fires an individual merely for being gay or transgender violates Title VII [of the Civil Rights Act of 1964]." District Court On May 5, 2016, a male county employee filed this lawsuit, pro se, in the United States District Court for the Northern District of Georgia, against his employer, the Clayton County Board of Commissioners. He sued for damages under Title VII of the Civil Rights Act of 1964, claim…

District Court

On May 5, 2016, a male county employee filed this lawsuit, pro se, in the United States District Court for the Northern District of Georgia, against his employer, the Clayton County Board of Commissioners. He sued for damages under Title VII of the Civil Rights Act of 1964, claiming that the defendants, as his employer, had violated Title VII by discriminating against him on the basis of sexual orientation. Specifically, he claimed that his employer had terminated him, despite 10 years of positive past performance evaluations, from his position as the Child Welfare Services Coordinator assigned to the Juvenile Court of Clayton County after finding out that he was participating in a gay recreational softball league. He also alleged other incidents of harassment at work. The case was assigned to Judge Orinda D. Evans on May 9, 2016.

On August 2, 2016, the plaintiff had acquired the assistance of private counsel and filed a first amended complaint, in which he sought declaratory judgment, a permanent injunction to prevent his employer from engaging in unlawful employment practices in violation of Title VII, full backpay from his termination date, reinstatement to his former position, compensatory damages, punitive damages, and attorneys' fees.

On August 23, 2016, the employer filed a motion to dismiss claiming that Title VII does not encompass discrimination on the basis of sexual orientation and because the Board of Commissioners was not capable of being sued. The plaintiff requested leave to file a second amended complaint on September 9, 2016.

On September 12, 2016, the plaintiff filed a second amended complaint. In the complaint, the plaintiff changed the defendant to be Clayton County and amended the allegations to discuss his discrimination as based on sexual orientation and failure to conform to a gender stereotype.

On September 26, 2016, the employer filed a motion to dismiss the second amended complaint for failure to state a claim. It argued that Title VII does not include claims on the basis of sexual orientation. In November 2016, Magistrate Judge Walter E. Johnson recommended to grant the employer's motion. 2016 WL 9753356. However, the district court deferred decision until the 11th Circuit gave a decision in Evans v. Georgia Regional Hospital, another Title VII case regarding discrimination based on sexual orientation.

On July 21, 2017, Judge Evans adopted the magistrate's report and recommendation and granted the County's motion to dismiss the case. The court found (1) that the 11th Circuit had foreclosed claims under Title VII for discrimination on the basis of sexual orientation; and (2) the plaintiff had not adequately pleaded facts of gender stereotyping. 2017 WL 4456898.

Court of Appeals

The plaintiff appealed to the 11th Circuit on August 11, 2017 (Docket No. 17-1380). In May 2018, the 11th Circuit affirmed the decision of the lower court. 723 Fed. App'x 964 (Mem), reh'g denied, 894 F.3d 1335.

U.S. Supreme Court

On June 1, 2018, the plaintiff filed a petition for a writ of certiorari to the Supreme Court of the United States, which was granted on April 22, 2019. 139 S.Ct. 1599. The case was consolidated with Zarda v. Altitude Express, Inc. and EEOC v. R.G. & G.R. Harris Funeral Homes, Inc. for briefing and oral argument. In the other cases, plaintiffs' counsel was the ACLU and the Stanford Law School Supreme Court Clinic; those lawyers did the oral argument here, as well.

Oral argument occurred on October 8, 2019 and the Supreme Court rendered its decision on June 15, 2020. Writing for a 6-3 majority, Justice Neil Gorsuch wrote that Title VII prohibits employers from engaging in discrimination "because of" sex. Justice Gorsuch stated that the statutory language "because of" implies a but-for causation analysis, meaning that "so long as the plaintiff's sex was one but-for cause of that decision [to fire], that is enough to trigger the law." The opinion stated that "if an employer would not have discharged an employee but for that individual's sex, the statute's causation standard is met and liability may attach." LGBT discrimination against employees met this test, because "an employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have question in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids." 590 U.S. ___. The Supreme Court reversed the judgment of the Eleventh Circuit and remanded for further proceedings.

District Court

In the Northern District of Georgia, the case was reassigned to Judge Eleanor L. Ross, with Magistrate Judge Walter E. Johnson remaining on the case. On November 23, 2020, the plaintiff moved to amend his complaint in order to add a retaliation claim and add a mixed-motive theory in support of Count I. Magistrate Judge Johnson denied the plaintiff’s motion on January 8, 2021. The plaintiff filed an objection to the Magistrate Judge’s order denying his motion to amend on January 22, 2021, and the parties proceeded with discovery as the plaintiff’s objection was pending in the court. On November 9, 2021, Judge Eleanor L. Ross overruled plaintiff’s objection to the Magistrate Judge’s ruling regarding the proposed retaliation claim, but sustained the plaintiff’s objection to the proposed addition of a mixed-motive theory to Count I. In accordance with the judge’s order, the plaintiff filed a third amended complaint on November 12, 2021, which included a mixed-motive claim.

On March 21, 2022, following several months and additional discovery, both parties moved for summary judgment. The Magistrate Judge denied both motions on June 7, 2022, finding that there were disputed issues of fact that would need to be resolved by a jury. Specifically, the court found that there were significant factual disputes as to whether the plaintiff’s sexual orientation was a “contributing factor” in his termination. The Magistrate Judge recommended that the parties resolve their dispute through mediation or otherwise prepare for trial.

The parties agreed to attempt mediation, and jointly moved to stay the case on August 4, 2022, which the court granted four days later. In October 2022, the parties notified the court that their mediation had been successful. On October 14, 2023, the court directed the clerk to administratively close the case, and directed the parties to file a stipulation of dismissal once they finalized the settlement agreement. The court also directed the parties to promptly move to reopen the case if settlement fails.

This case is currently administratively closed pending a finalized settlement agreement.

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Summary Authors

Caitlin Kierum (11/12/2019)

Jack Hibbard (6/15/2020)

Sarah Portwood (10/2/2023)

EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., Eastern District of Michigan (2014)

Tennessee v. United States Department of Education, Eastern District of Tennessee (2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6302525/parties/bostock-v-clayton-county/

Judge(s)

Alito, Samuel A. Jr. (New Jersey)

Attorney for Plaintiff

Beal, Andrew Mabon (Georgia)

Benjamin, Rachel Berlin (Georgia)

Buckley, Edward D. (Georgia)

Attorney for Defendant

Buechner, William H. Jr (Georgia)

Judge(s)

Alito, Samuel A. Jr. (New Jersey)

Evans, Orinda Dale (Georgia)

Gorsuch, Neil M. (Colorado)

Johnson, Walter E. (Georgia)

Kavanaugh, Brett M. (District of Columbia)

Newsom, Kevin Christopher (Alabama)

Ross, Eleanor Louise (Georgia)

Tjoflat, Gerald Bard (Florida)

Wilson, Charles R. (Florida)

Attorney for Plaintiff

Beal, Andrew Mabon (Georgia)

Benjamin, Rachel Berlin (Georgia)

Buckley, Edward D. (Georgia)

Green, Timothy Brian (Georgia)

Heller, Martin B (Georgia)

Mew, Thomas Joseph IV (Georgia)

Sutherland, Brian J (Georgia)

Attorney for Defendant

Buechner, William H. Jr (Georgia)

Hancock, Jack Reynolds (Georgia)

Hill, Michael McDonnell (Georgia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:16-cv-01460	Docket	Aug. 20, 2019	Aug. 20, 2019 Docket
1 1:16-cv-01460	Pro Se Employment Discrimination Complaint Form	May 5, 2016	May 5, 2016 Complaint
10 1:16-cv-01460	Second Amended Complaint	Sept. 12, 2016	Sept. 12, 2016 Complaint
16 1:16-cv-01460	Final Report and Recommendation	Nov. 3, 2016	Nov. 3, 2016 Order/Opinion 2016 WL 2016
24 1:16-cv-01460	Order	July 21, 2017	July 21, 2017 Order/Opinion 2017 WL 2017
30 1:16-cv-01460 17-13801	Opinion U.S. Court of Appeals for the Eleventh Circuit	May 10, 2018	May 10, 2018 Order/Opinion 723 Fed.Appx. 723
17-01618	Petition For Writ Of Certiorari Supreme Court of the United States	May 25, 2018	May 25, 2018 Pleading / Motion / Brief
17-01618	Brief for Petitioner Supreme Court of the United States	Aug. 2, 2018	Aug. 2, 2018 Pleading / Motion / Brief
17-01618	Respondent's Brief in Opposition to Petition for Writ of Certiorari Supreme Court of the United States	Aug. 10, 2018	Aug. 10, 2018 Pleading / Motion / Brief
17-01618	Brief for Petitioner Supreme Court of the United States	June 26, 2019	June 26, 2019 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / External URL
Bostock v. Clayton County, Georgia SCOTUS Blog	Holding: An employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964. Judgment: Reversed and remanded, 6-3, in an opinion b…	June 15, 2020	June 15, 2020 https://www.scotusblog.com/...
Bostock v. Clayton County Oyez	Gerald Bostock, a gay man, began working for Clayton County, Georgia, as a child welfare services coordinator in 2003. During his ten-year career with Clayton County, Bostock received positive perfor…	June 15, 2020	June 15, 2020 https://www.oyez.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6302525/bostock-v-clayton-county/

Last updated Feb. 21, 2024, 3:06 a.m.

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ECF Number	Description	Date	Link Date / Link
1	COMPLAINT with Jury Demand filed by Gerald Lynn Bostock. ( Filing fee $ 400 receipt number 100082958.) (Attachments: # 1 Civil Cover Sheet)(bnw) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 5/6/2016 to edit file date(bnw). (Entered: 05/06/2016) 1 Civil Cover Sheet View on PACER	May 5, 2016	May 5, 2016 Clearinghouse
2	Electronic Summons Issued as to Clayton County Board of Commissioners. (bnw) (Entered: 05/06/2016)	May 5, 2016	May 5, 2016 PACER
	Submission to District Judge	May 9, 2016	May 9, 2016 PACER
	Submission of 1 Complaint to District Judge Orinda D. Evans. (bnw)	May 9, 2016	May 9, 2016 PACER
3	ORDER regarding above civil action. This civil action was filed on May 5, 2016, summons issued and since that time no action has taken place. IT IS THEREFORE ORDERED, that the Plaintiff show cause why above complaint should not be DISMISSED for failure to effectuate service of process pursuant to LR 41.2(B) within ten (10) days of date of entry of this order. The Clerk is directed to resubmit this action in ten (10) days. Signed by Judge Orinda D. Evans on 07/28/16. (fap) (Entered: 08/01/2016)	Aug. 1, 2016	Aug. 1, 2016 PACER
	Clerks Certificate of Mailing	Aug. 1, 2016	Aug. 1, 2016 PACER
	Clerks Certificate of Regular and Certified Mailing Return Receipt (91 7199 9991 7032 5720 1816) as to Gerald Lynn Bostock re 3 Order. (fap) Modified on 8/1/2016 (fap).	Aug. 1, 2016	Aug. 1, 2016 PACER
4	First AMENDED COMPLAINT against Clayton County Board of Commissionerswith Jury Demand, filed by Gerald Lynn Bostock. (Attachments: # 1 Plaintiff's Certificate of Interested Persons)(Mew, Thomas) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 08/02/2016) 1 Plaintiff's Certificate of Interested Persons View on PACER	Aug. 2, 2016	Aug. 2, 2016 PACER
6	Certificate of Interested Persons and Corporate Disclosure Statement (attached to the Complaint) filed by Gerald Lynn Bostock. (jkl) (Entered: 08/17/2016)	Aug. 2, 2016	Aug. 2, 2016 PACER
5	Return of Service Executed by Gerald Lynn Bostock. Clayton County Board of Commissioners served on 8/2/2016, answer due 8/23/2016. (Mew, Thomas) (Entered: 08/03/2016)	Aug. 3, 2016	Aug. 3, 2016 PACER
	Submission to District Judge	Aug. 16, 2016	Aug. 16, 2016 PACER
	Submission of 3 Order, submitted to District Judge Orinda D. Evans. (fap)	Aug. 16, 2016	Aug. 16, 2016 PACER
7	MOTION to Dismiss and Memorandum of Law in Support by Clayton County Board of Commissioners. (Heller, Martin) (Entered: 08/23/2016)	Aug. 23, 2016	Aug. 23, 2016 PACER
8	Consent MOTION for Leave to File Second Amended Complaint (), MOTION to Substitute Party Clayton County, Georgiaby Gerald Lynn Bostock. (Attachments: # 1 Exhibit A - Second Amended Complaint, # 2 Text of Proposed Order)(Mew, Thomas) (Entered: 09/09/2016) 1 Exhibit A - Second Amended Complaint View on PACER 2 Text of Proposed Order View on PACER	Sept. 9, 2016	Sept. 9, 2016 PACER
9	ORDER - Having reviewed PLAINTIFF'S CONSENT MOTION FOR LEAVE TO AMEND COMPLAINT AND TO SUBSTITUTE DEFENDANT, and for good cause shown, Plaintiff's Consent Motion is hereby GRANTED. The Clerk is directed to enter the Plaintiff's Second Amended Complaint and the same is deemed filed. Defendant's Motion to Dismiss the Plaintiff's First Amended Complaint is DENIED AS MOOT, without prejudice to Defendant's right to file a Motion to Dismiss Plaintiff's Second Amended Complaint. Signed by Magistrate Judge Walter E. Johnson on 9/12/16. (klb) (Entered: 09/12/2016)	Sept. 12, 2016	Sept. 12, 2016 PACER
10	SECOND AMENDED COMPLAINT against Clayton County with Jury Demand, filed by Gerald Lynn Bostock.(klb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 09/12/2016)	Sept. 12, 2016	Sept. 12, 2016 Clearinghouse
11	NOTICE of Appearance by William H. Buechner, Jr on behalf of Clayton County (Buechner, William) (Entered: 09/13/2016)	Sept. 13, 2016	Sept. 13, 2016 PACER
12	NOTICE of Appearance by Jack Reynolds Hancock on behalf of Clayton County (Hancock, Jack) (Entered: 09/13/2016)	Sept. 13, 2016	Sept. 13, 2016 PACER
13	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Clayton County. (Attachments: # 1 Exhibit 1 - EEOC Charge of Discrimination, # 2 Exhibit 2 - EEOC Dismissal and Notice of Rights)(Heller, Martin) (Entered: 09/26/2016) 1 Exhibit 1 - EEOC Charge of Discrimination View on PACER 2 Exhibit 2 - EEOC Dismissal and Notice of Rights View on PACER	Sept. 26, 2016	Sept. 26, 2016 PACER
14	RESPONSE in Opposition re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gerald Lynn Bostock. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mew, Thomas) (Entered: 10/13/2016) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	Oct. 13, 2016	Oct. 13, 2016 PACER
15	REPLY BRIEF re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Clayton County. (Heller, Martin) (Entered: 10/27/2016)	Oct. 27, 2016	Oct. 27, 2016 RECAP
	Submission to Magistrate Judge	Oct. 28, 2016	Oct. 28, 2016 PACER
	Submission of 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, submitted to Magistrate Judge Walter E. Johnson. (fap)	Oct. 28, 2016	Oct. 28, 2016 PACER
16	FINAL REPORT AND RECOMMENDATION re 10 Amended Complaint, filed by Gerald Lynn Bostock. Signed by Magistrate Judge Walter E. Johnson on 11/3/16. (klb) (Entered: 11/03/2016)	Nov. 3, 2016	Nov. 3, 2016 Clearinghouse
	Final Report and Recommendation	Nov. 3, 2016	Nov. 3, 2016 PACER
	FINAL REPORT AND RECOMMENDATION - The undersigned RECOMMENDS that Defendant's Motion to Dismiss 13 be GRANTED, and that the Second Amended Complaint be DISMISSED WITH PREJUDICE. Signed by Magistrate Judge Walter E. Johnson on 11/3/16. (klb)	Nov. 3, 2016	Nov. 3, 2016 PACER
17	ORDER for Service of 16 Final Report and Recommendation by Magistrate Judge Walter E. Johnson. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Walter E. Johnson on 11/3/16. (klb) (Entered: 11/03/2016)	Nov. 3, 2016	Nov. 3, 2016 PACER
18	OBJECTIONS to 16 Report and Recommendation filed by Gerald Lynn Bostock. (Attachments: # 1 Exhibit)(Mew, Thomas) (Entered: 11/17/2016) 1 Exhibit View on PACER	Nov. 17, 2016	Nov. 17, 2016 RECAP
	Submission to District Judge	Nov. 17, 2016	Nov. 17, 2016 PACER
	Submission of 16 FINAL REPORT AND RECOMMENDATION re 10 Amended Complaint, filed by Gerald Lynn Bostock to District Judge Orinda D. Evans. (bnw)	Nov. 17, 2016	Nov. 17, 2016 PACER
19	REPLY to Objection to Report and Recommendation re 18 Objections to Report and Recommendation filed by Clayton County. (Heller, Martin) (Entered: 12/01/2016)	Dec. 1, 2016	Dec. 1, 2016 PACER
20	REPLY to Objection to Report and Recommendation re 18 Objections to Report and Recommendation filed by Gerald Lynn Bostock. (Mew, Thomas) (Entered: 12/15/2016)	Dec. 15, 2016	Dec. 15, 2016 PACER
21	ORDER: For the reasons stated, Defendant's Motion to Dismiss 13, the R&R 16, and Plaintiff's objections 18 are all DEFERRED pending the Eleventh Circuit's decision. Signed by Judge Orinda D. Evans on 2/2/17. (bnw) (Entered: 02/02/2017)	Feb. 2, 2017	Feb. 2, 2017 RECAP
22	Consent MOTION to Withdraw Martin B. Heller as Attorney by Clayton County, and Clayton County Board of Commissioners. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Consent Withdrawal) (Heller, Martin) (Entered: 06/20/2017) 1 Text of Proposed Order Proposed Order Granting Consent Withdrawal View on PACER	June 20, 2017	June 20, 2017 PACER
23	ORDER granting 22 Motion to Withdraw as Attorney. Attorney Martin B. Heller terminated. Signed by Judge Orinda D. Evans on 6/22/2017. (sap) (Entered: 06/22/2017)	June 22, 2017	June 22, 2017 PACER
24	ORDER OVERRULING Plaintiff's 18 Objections and ADOPTING IN FULL the 16 Final Report and Recommendation. Defendant's 13 Motion to Dismiss for Failure to State a Claim is GRANTED and this case is hereby DISMISSED with prejudice. Costs are taxed to the Plaintiff. Signed by Judge Orinda D. Evans on 7/20/2017. (sap) (Entered: 07/21/2017)	July 21, 2017	July 21, 2017 Clearinghouse
	Terminated Case	July 21, 2017	July 21, 2017 PACER
25	CLERK'S JUDGMENT in favor of Defendant against Plaintiff for the costs of this action. (sap)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 07/21/2017)	July 21, 2017	July 21, 2017 PACER
	Civil Case Terminated. (sap)	July 21, 2017	July 21, 2017 PACER
26	NOTICE OF APPEAL as to 25 Clerk's Judgment, 24 Order on Motion to Dismiss for Failure to State a Claim, Order on Final Report and Recommendation,, by Gerald Lynn Bostock. Filing fee $ 505, receipt number 113E-7338353. Transcript Order Form due on 9/5/2017 (Mew, Thomas) (Entered: 08/21/2017)	Aug. 21, 2017	Aug. 21, 2017 PACER
27	NOTICE Of Filing Appeal Transmission Letter by Gerald Lynn Bostock re: 26 Notice of Appeal. (kac) (Entered: 08/21/2017)	Aug. 21, 2017	Aug. 21, 2017 PACER
28	Transmission of Certified Copy of Notice of Appeal, Clerk's Judgment, Orders, Report and Recommendation, and Docket Sheet to US Court of Appeals re: 26 Notice of Appeal. (kac) (Entered: 08/21/2017)	Aug. 21, 2017	Aug. 21, 2017 PACER
29	USCA Acknowledgment of 26 Notice of Appeal, filed by Gerald Lynn Bostock. Case Appealed to USCA- 11th Circuit. Case Number 17-13801-BB. (pjm) (Entered: 08/24/2017)	Aug. 24, 2017	Aug. 24, 2017 PACER
	Appeal Record Certified	Sept. 13, 2017	Sept. 13, 2017 PACER
	Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal re: 26 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 17-13801-BB. The entire record on appeal is available electronically. (kac)	Sept. 13, 2017	Sept. 13, 2017 PACER
30	USCA Opinion received (AFFIRMING) re: 26 Notice of Appeal filed by Gerald Lynn Bostock. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. Case Appealed to USCA - 11th Circuit. USCA Case Number 17-13801-BB. (kac) (Entered: 05/10/2018)	May 10, 2018	May 10, 2018 Clearinghouse
31	Certified copy of MANDATE of USCA AFFIRMING the decision of the District Court re: 26 Notice of Appeal filed by Gerald Lynn Bostock. Case Appealed to USCA - 11th Circuit. USCA Case Number 17-13801-EE. (kac) (Entered: 07/26/2018)	July 26, 2018	July 26, 2018 RECAP
32	UNITED STATES SUPREME COURT FORTHWITH LETTER from USCA re: 26 Notice of Appeal filed by Gerald Lynn Bostock. USCA Case Number 17-13801-GG. Appeal Record due by 9/3/2019. (kac) (Entered: 08/19/2019)	Aug. 19, 2019	Aug. 19, 2019 PACER
33	Electronically transmitted Record on Appeal to Supreme Court of the United States re: 26 Notice of Appeal. USCA Case Number 17-13801-GG. USSC Case No. 17-1618. (kac) (Entered: 08/20/2019)	Aug. 20, 2019	Aug. 20, 2019 PACER
34	USCA Opinion received (REVERSING AND REMANDING) re: 26 Notice of Appeal filed by Gerald Lynn Bostock. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. Case Appealed to USCA - 11th Circuit. USCA Case Number 17-13801-GG. (kac) (Entered: 08/27/2020)	Aug. 27, 2020	Aug. 27, 2020 RECAP
35	MANDATE of USCA REMANDING to the District Court for further action (Appeal decision reversed the court's dismissal of the Title VII claim from USSC) re: 34 USCA Opinion. Case Appealed to USCA - 11th Circuit Case Number 17-13801. (Originally filed on 9/25/2020) (bdb) (Entered: 10/07/2020)	Oct. 7, 2020	Oct. 7, 2020 RECAP
	Case Reassigned to Judge Eleanor L. Ross and Magistrate Judge Walter E. Johnson from Remand from USCA and USSC. Judge Orinda D. Evans no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:16-cv-1460-ELR-WEJ. Please make note of this change in order to facilitate the docketing of pleadings in this case. (bdb)	Oct. 7, 2020	Oct. 7, 2020 PACER
	Submission of 35 USCA Mandate and proposed order to District Judge Eleanor L. Ross. (bdb)	Oct. 7, 2020	Oct. 7, 2020 PACER
36	ORDER making the USCA mandate the judgment of this Court re 26 Notice of Appeal. Case Appealed to 11th Circuit Case Number 17-13801. (jpk) (Entered: 10/07/2020)	Oct. 7, 2020	Oct. 7, 2020 RECAP
37	Certification of Consent to Substitution of Counsel. Thomas Joseph Mew, IV replacing attorney Timothy Brian Green and Brian J. Sutherland. (Mew, Thomas) (Entered: 10/08/2020)	Oct. 8, 2020	Oct. 8, 2020 RECAP
38	ORDER - The docket sheet in this case indicates that defendant Clayton County first appeared by motion 13 on September 26, 2016. The Court ORDERS the parties to file a Certificate of Interested Persons and Corporate Disclosure Statement if they have not done so and to file a Joint Preliminary Planning Report and Discovery Plan within TEN (10) DAYS of the date of this Order. Signed by Magistrate Judge Walter E. Johnson on 10/13/20. (klb) (Entered: 10/13/2020)	Oct. 13, 2020	Oct. 13, 2020 PACER
39	NOTICE of Appearance by Andrew Mabon Beal on behalf of Gerald Lynn Bostock (Beal, Andrew) (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 PACER
40	Defendant's ANSWER to 10 Amended Complaint by Clayton County.(Hancock, Jack) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 PACER
41	NOTICE of Appearance by Edward D. Buckley on behalf of Gerald Lynn Bostock (Buckley, Edward) (Entered: 10/22/2020)	Oct. 22, 2020	Oct. 22, 2020 PACER
42	NOTICE of Appearance by Rachel Berlin Benjamin on behalf of Gerald Lynn Bostock (Benjamin, Rachel) (Entered: 10/22/2020)	Oct. 22, 2020	Oct. 22, 2020 PACER
43	NOTICE of Appearance by Michael McDonnell Hill on behalf of Clayton County (Hill, Michael) (Entered: 10/22/2020)	Oct. 22, 2020	Oct. 22, 2020 PACER
44	JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Clayton County. (Hancock, Jack) (Entered: 10/23/2020)	Oct. 23, 2020	Oct. 23, 2020 PACER
	Submission of 38 Order to Magistrate Judge Walter E. Johnson (no CIP filed by Defendant). (jpk)	Oct. 26, 2020	Oct. 26, 2020 PACER
45	SCHEDULING ORDER: re: 44 Joint Preliminary Report and Discovery Plan. Discovery ends on 3/22/2021. Motions under Local Rule 7.1(A)(2) including motions to amend pleadings due by 12/21/2020. Motions for summary judgment no later than 4/21/2021. Proposed Pretrial Order due by 4/21/2021, or within thirty days from a final ruling on any motion for summary judgment that is not dispositive of all claims advanced by the parties. Signed by Magistrate Judge Walter E. Johnson on 10/26/20. (klb) (Entered: 10/26/2020)	Oct. 26, 2020	Oct. 26, 2020 PACER
46	NOTICE to Parties Regarding Summary Judgment Motions. Signed by Magistrate Judge Walter E. Johnson on 10/26/20. (klb) (Entered: 10/26/2020)	Oct. 26, 2020	Oct. 26, 2020 PACER
47	CERTIFICATE OF SERVICE serving Plaintiff's Initial Disclosures by Gerald Lynn Bostock.(Benjamin, Rachel) (Entered: 11/05/2020)	Nov. 5, 2020	Nov. 5, 2020 PACER
48	CERTIFICATE OF SERVICE by Clayton County.(Hancock, Jack) (Entered: 11/20/2020)	Nov. 20, 2020	Nov. 20, 2020 PACER
49	CERTIFICATE OF SERVICE serving Plaintiff's First Interrogatories to Defendant by Gerald Lynn Bostock.(Buckley, Edward) (Entered: 11/20/2020)	Nov. 20, 2020	Nov. 20, 2020 PACER
50	CERTIFICATE OF SERVICE serving Plaintiff's First Requests for Production of Documents to Defendant by Gerald Lynn Bostock.(Buckley, Edward) (Entered: 11/20/2020)	Nov. 20, 2020	Nov. 20, 2020 PACER
51	MOTION to Amend Complaint with Brief In Support by Gerald Lynn Bostock. (Attachments: # 1 Exhibit Proposed Amended Complaint, # 2 Text of Proposed Order Proposed Order, # 3 Brief Memorandum in Support)(Mew, Thomas) (Entered: 11/23/2020)	Nov. 23, 2020	Nov. 23, 2020 PACER
52	CERTIFICATE OF SERVICE of Discovery by Clayton County.(Hill, Michael) (Entered: 12/04/2020)	Dec. 4, 2020	Dec. 4, 2020 PACER
53	RESPONSE in Opposition re 51 MOTION to Amend Complaint filed by Clayton County. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B")(Hancock, Jack) (Entered: 12/07/2020)	Dec. 7, 2020	Dec. 7, 2020 PACER
54	NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (rvb) (ADI) (Entered: 12/09/2020)	Dec. 9, 2020	Dec. 9, 2020 PACER
55	REPLY BRIEF in Support of 51 MOTION to Amend Complaint filed by Gerald Lynn Bostock. (Mew, Thomas) Modified on 12/22/2020 to edit text (jpk). (Entered: 12/21/2020)	Dec. 21, 2020	Dec. 21, 2020 PACER
	Submission of 51 MOTION to Amend Complaint to Magistrate Judge Walter E. Johnson. (jpk)	Dec. 22, 2020	Dec. 22, 2020 PACER
56	ORDER - Plaintiff's Motion for Leave to File Third Amended Complaint 51 is DENIED. The Second Amended Complaint 10 remains the operative pleading here. Signed by Magistrate Judge Walter E. Johnson on 1/8/21. (klb) (Entered: 01/08/2021)	Jan. 8, 2021	Jan. 8, 2021 PACER
57	OBJECTION re 56 Order on Motion to Amend Plaintiff's Objections to Magistrate Judge's Order Denying Motion for Leave to File Third Amended Complaint by Gerald Lynn Bostock. (Attachments: # 1 Exhibit Exhibit 1 - Defendant's Response to Plaintiff's First Interrogatories)(Mew, Thomas) (Entered: 01/22/2021)	Jan. 22, 2021	Jan. 22, 2021 PACER
58	TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (rvb) (ADI) (Entered: 01/28/2021)	Jan. 28, 2021	Jan. 28, 2021 PACER
59	NOTICE to Take Deposition of Sabrina Crawford filed by Gerald Lynn Bostock (Mew, Thomas) (Entered: 01/28/2021)	Jan. 28, 2021	Jan. 28, 2021 PACER
60	NOTICE by Gerald Lynn Bostock Notice of Issuance of Subpoena to Testify at Deposition (Attachments: # 1 Exhibit Subpoena to Sabrina Crawford)(Mew, Thomas) (Entered: 01/28/2021)	Jan. 28, 2021	Jan. 28, 2021 PACER
61	RESPONSE re 57 Objection to Magistrate Judge's Order Denying Motion for Leave to File Third Amended Complaint filed by Clayton County. (Hancock, Jack) (Entered: 02/05/2021)	Feb. 5, 2021	Feb. 5, 2021 PACER
62	REPLY BRIEF in Support of 57 Objection filed by Gerald Lynn Bostock. (Attachments: # 1 Exhibit Supplemental Persuasive Authority)(Mew, Thomas) Modified on 2/22/2021 to edit document link and modify text (jpk). (Entered: 02/19/2021)	Feb. 19, 2021	Feb. 19, 2021 PACER
63	Joint MOTION for Extension of Time to Complete Discovery by Gerald Lynn Bostock. (Attachments: # 1 Text of Proposed Order Proposed Order)(Mew, Thomas) (Entered: 03/03/2021)	March 3, 2021	March 3, 2021 PACER
64	ORDER granting 63 Motion for Extension of Time to Complete Discovery. Discovery ends on 6/21/2021. Signed by Magistrate Judge Walter E. Johnson on 3/3/21. (klb) (Entered: 03/03/2021)	March 3, 2021	March 3, 2021 PACER
	Reset Scheduling Order Deadlines: Discovery ends on 6/21/2021. Motions for summary judgment no later than 7/21/2021. Proposed Pretrial Order due by 7/21/2021, or within thirty days from a final ruling on any motion for summary judgment that is not dispositive of all claims advanced by the parties.(klb)	March 3, 2021	March 3, 2021 PACER
65	ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (ddm) (ADI) (Entered: 03/10/2021)	March 10, 2021	March 10, 2021 PACER
66	NOTICE to Take Deposition of Shelly Hicks Johnson filed by Gerald Lynn Bostock (Mew, Thomas) (Entered: 03/24/2021)	March 24, 2021	March 24, 2021 PACER
67	NOTICE by Gerald Lynn Bostock of Issuance of Subpoena to Testify at Deposition (Attachments: # 1 Exhibit Subpoena to Shelly Hicks Johnson)(Mew, Thomas) (Entered: 03/24/2021)	March 24, 2021	March 24, 2021 PACER
68	Amended NOTICE to Take Deposition of Shelly Hicks Johnson filed by Gerald Lynn Bostock (Mew, Thomas) (Entered: 04/05/2021)	April 5, 2021	April 5, 2021 PACER
69	Joint MOTION for Extension of Time to Complete Discovery by Gerald Lynn Bostock. (Attachments: # 1 Text of Proposed Order)(Mew, Thomas) (Entered: 06/07/2021)	June 7, 2021	June 7, 2021 PACER
70	ORDER granting 69 Motion for Extension of Time to Complete Discovery. Discovery ends on 8/20/2021. Signed by Magistrate Judge Walter E. Johnson on 6/7/21. (klb) (Entered: 06/07/2021)	June 7, 2021	June 7, 2021 PACER
	Reset Scheduling Order Deadlines: Discovery ends on 8/20/2021. Motions for summary judgment no later than 9/20/2021. Proposed Pretrial Order due by 9/20/2021, or within thirty days from a final ruling on any motion for summary judgment that is not dispositive of all claims advanced by the parties.(klb)	June 7, 2021	June 7, 2021 PACER
	Submission of 57 Objection, to District Judge Eleanor L. Ross. (rvb)	June 9, 2021	June 9, 2021 PACER
	Set Hearings: Telephonic Status Conference set for 6/15/2021 at 2:30 PM in ROME Courtroom 201 before Magistrate Judge Walter E. Johnson. (klb)	June 11, 2021	June 11, 2021 PACER
71	Minute Entry for proceedings held before Magistrate Judge Walter E. Johnson: Telephonic Status Conference held on 6/15/2021. (Tape #FTR)(klb) (Entered: 06/15/2021)	June 15, 2021	June 15, 2021 PACER
72	NOTICE to Take Deposition of Griffin Shirley filed by Gerald Lynn Bostock (Mew, Thomas) (Entered: 06/21/2021)	June 21, 2021	June 21, 2021 PACER
73	Amended NOTICE to Take Deposition of Griffin Shirley filed by Gerald Lynn Bostock (Mew, Thomas) (Entered: 06/24/2021)	June 24, 2021	June 24, 2021 PACER
74	NOTICE of Issuance of Subpoena Duces Tecum to Clayton County CASA by Gerald Lynn Bostock (Attachments: # 1 Exhibit Subpoena Duces Tecum to Clayton County CASA)(Buckley, Edward) Modified on 6/29/2021 to edit text (jpk). (Entered: 06/29/2021)	June 29, 2021	June 29, 2021 PACER
75	NOTICE of Issuance of Subpoena Duces Tecum to Friends of Clayton County CASA, Inc. by Gerald Lynn Bostock (Attachments: # 1 Exhibit Subpoena Duces Tecum to Friends of Clayton County CASA, Inc.)(Buckley, Edward) Modified on 7/2/2021 to edit text (jpk). (Entered: 07/01/2021)	July 1, 2021	July 1, 2021 PACER
76	NOTICE by Clayton County Intent to Serve Subpoenas for Production of Documents (Buechner, William) (Entered: 07/30/2021)	July 30, 2021	July 30, 2021 PACER