1
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COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions sent to attorney; jury demand (pag) (Entered: 09/29/2000)
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Sept. 29, 2000
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Sept. 29, 2000
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2
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ANSWERS TO MANDATORY DISCLOSURES by plaintiff (pag) (Entered: 09/29/2000)
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Sept. 29, 2000
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Sept. 29, 2000
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3
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ANSWER by defendant to complaint [1-1] Discovery ends 5/3/01 (pag) (Entered: 12/05/2000)
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Dec. 4, 2000
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Dec. 4, 2000
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5
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Joint MOTION by plaintiff Equal Employment, defendant Wheeler's to amend caption and correct name of defendant (dd) (Entered: 12/29/2000)
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Dec. 29, 2000
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Dec. 29, 2000
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6
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CONSENT ORDER by Judge Harold L. Murphy GRANTING [5-1] joint motion to amend caption and correct name of defendant (cc) (dd) (Entered: 12/29/2000)
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Dec. 29, 2000
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Dec. 29, 2000
|
|
Added attorney for plaintiff Equal Employment : Isaiah D. Delemar. (dd) (Entered: 12/29/2000)
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Dec. 29, 2000
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Dec. 29, 2000
|
7
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Preliminary Statement and Scheduling Order. (to judge) (bj) (Entered: 01/03/2001)
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Jan. 3, 2001
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Jan. 3, 2001
|
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ENDORSED ORDER by Judge Harold L. Murphy APPROVING [7-1] preliminary planning report & scheduling order. (cc) (bj) (Entered: 01/04/2001)
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Jan. 3, 2001
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Jan. 3, 2001
|
8
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CONSENT MOTION by parties to extend time to August 1,2001 to file discovery with proposed order. (pag) (Entered: 04/18/2001)
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April 18, 2001
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April 18, 2001
|
9
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ORDER by Judge Harold L. Murphy GRANTING [8-1] motion to extend time to August 1,2001 to file discovery, Discovery ends 8/1/01 (cc) (pag) (Entered: 04/18/2001)
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April 18, 2001
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April 18, 2001
|
|
Added attorney for plaintiff: Charles T. Bell Jr.. (pag) (Entered: 04/18/2001)
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April 18, 2001
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April 18, 2001
|
10
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Waiver of service of summons dated 10/25/00 by defendant Wheeler's, Inc. (dd) (Entered: 06/11/2001)
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June 11, 2001
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June 11, 2001
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11
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CONSENT MOTION by parties to extend time to 10-1-2001 for discovery with proposed order. (pag) (Entered: 07/20/2001)
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July 20, 2001
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July 20, 2001
|
12
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ORDER by Judge Harold L. Murphy GRANTING [11-1] motion to extend time to 10-1-2001 for discovery, Discovery ends 10/1/01 (cc) (pag) (Entered: 07/23/2001)
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July 23, 2001
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July 23, 2001
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13
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Joint Consent MOTION by parties to extend time to 11-01-2001 for discovery with proposed order. (pag) (Entered: 09/28/2001)
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Sept. 28, 2001
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Sept. 28, 2001
|
14
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ORDER by Judge Harold L. Murphy GRANTING [13-1] joint motion to extend time to 11-01-2001 for discovery, Discovery ends 11/1/01 (cc) (pag) (Entered: 10/01/2001)
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Oct. 1, 2001
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Oct. 1, 2001
|
|
Added attorney for plaintiff Equal Employment : S. Robert Royal, Cynthia Leigh Montgomery. (pag) (Entered: 10/01/2001)
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Oct. 1, 2001
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Oct. 1, 2001
|
|
Letter to Attorney R. David Ware excusing him from a personal appearance before the Court for the periods 12/1701-12/28/01; 1/7/02-1/18/02 and 4/15/02-4/26/02. (dd) (Entered: 10/11/2001)
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Oct. 11, 2001
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Oct. 11, 2001
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15
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MOTION by plaintiff Equal Employment to compel discovery responses , and for sanctions , and to extend time for an additional 45 days for discovery with brief in support. (dd) (Entered: 10/24/2001)
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Oct. 24, 2001
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Oct. 24, 2001
|
16
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MOTION by plaintiff Equal Employment to compel entry on land for inspection with brief in support. (dd) (Entered: 10/25/2001)
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Oct. 25, 2001
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Oct. 25, 2001
|
18
|
Attorney appearance for plaintiff Equal Employment by James Douglas Macy (dd) (Entered: 11/01/2001)
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Nov. 1, 2001
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Nov. 1, 2001
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19
|
Response by dft to pla's [16-1] motion to compel entry on land for inspection (bj) (Entered: 11/02/2001)
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Nov. 2, 2001
|
Nov. 2, 2001
|
20
|
SUPPLEMENTAL ANSWERS TO INITIAL DISCLOSURES by plaintiff Equal Employment (dd) (Entered: 11/02/2001)
|
Nov. 2, 2001
|
Nov. 2, 2001
|
21
|
Response by defendant to pla's [15-1] motion to compel discovery responses, [15-2] motion for sanctions, [15-3] motion to extend time for an additional 45 days for discovery period. (pag) (Entered: 11/06/2001)
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Nov. 6, 2001
|
Nov. 6, 2001
|
22
|
Response by plaintiff Equal Employment in opposition to [17-1] motion for protective order that the deposition of Sandra Stewart not be taken (dd) (Entered: 11/08/2001)
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Nov. 8, 2001
|
Nov. 8, 2001
|
|
SUBMITTED to Judge Harold L. Murphy on [15-1] motion to compel discovery responses, [15-2] motion for sanctions, [15-3] motion to extend time for an additional 45 days for discovery, [21-1] oppose/response (dd) (Entered: 11/14/2001)
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Nov. 14, 2001
|
Nov. 14, 2001
|
|
SUBMITTED to Judge Harold L. Murphy on [16-1] motion to compel entry on land for inspection, [19-1] oppose/ response (dd) (Entered: 11/14/2001)
|
Nov. 14, 2001
|
Nov. 14, 2001
|
|
SUBMITTED to Judge Harold L. Murphy on [17-1] motion for protective order that the deposition of Sandra Stewart not be taken, [22-1] oppose/response (dd) (Entered: 11/16/2001)
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Nov. 16, 2001
|
Nov. 16, 2001
|
23
|
Reply brief by plaintiff Equal Employment in support of [16-1] motion to compel entry on land for inspection (dd) (Entered: 11/20/2001)
|
Nov. 20, 2001
|
Nov. 20, 2001
|
24
|
Reply brief by pla in support of its [15-1] motion to compel discovery responses, [15-2] motion for sanctions, [15-3] motion to extend time for an additional 45 days for discovery (bj) (Entered: 11/23/2001)
|
Nov. 21, 2001
|
Nov. 21, 2001
|
25
|
MOTION by dft for summary judgment with memorandum of law in support & stmt of undisputed facts. (bj) (Entered: 11/23/2001)
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Nov. 21, 2001
|
Nov. 21, 2001
|
26
|
Notice of filing original discovery (deposition) by defendant. (bj) (Entered: 11/23/2001)
|
Nov. 21, 2001
|
Nov. 21, 2001
|
|
Deposition of FRANK PEYTON taken for defendant (bj) (Entered: 11/23/2001)
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Nov. 21, 2001
|
Nov. 21, 2001
|
27
|
Notice of filing relevant deposition excerpts & other materials in support of sum jgm by defendant. (bj) (Entered: 11/23/2001)
|
Nov. 21, 2001
|
Nov. 21, 2001
|
28
|
Notice of filing request for pla to file original discovery by defendant. (bj) (Entered: 11/23/2001)
|
Nov. 21, 2001
|
Nov. 21, 2001
|
|
Steno notes of proceedings held 11/28/01 before Judge Harold L. Murphy , by Court Reporter Dennis J. Reidy. (pag) (Entered: 11/28/2001)
|
Nov. 28, 2001
|
Nov. 28, 2001
|
30
|
ORDER by Judge Harold L. Murphy GRANTING IN PART AND DENYING IN PART pla's [15-1] motion to compel discovery responses, [15-2] motion for sanctions & [15-3] motion to extend time for an additional 45 days for discovery, GRANTING pla's [16-1] motion to compel entry on land for inspection & DENYING dft's [17-1] motion for protective order. Discovery ends 1/15/02 (cc) (bj) (Entered: 11/29/2001)
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Nov. 29, 2001
|
Nov. 29, 2001
|
31
|
Original declarations of Frank Shropshire and Michael Bryan copies of which were filed as Tabs 7 and 8 to Defendant Wheeler's, Inc.'s Relevant Deposition Excerpts and Other Material In Support ofSummary Judgement for filing in connection with the above referenced matter by defendant Wheeler's, Inc. [27-1] (dd) Modified on 12/03/2001 (Entered: 12/03/2001)
|
Nov. 30, 2001
|
Nov. 30, 2001
|
32
|
MOTION by plaintiff to extend time to 2-1-2002 in which to respond to dft's [25-1] motion for summary judgment with brief in support with exhibits (affidavit of Judy Whitening and Cynthia L. Montgomery). ( no order presented) (pag) (Entered: 12/04/2001)
|
Dec. 4, 2001
|
Dec. 4, 2001
|
33
|
Response & Objections by defendant to pla's [32-1] motion to extend time to 2-1-2002 in which to respond to dft's [25-1] motion for summary judgment (pag) (Entered: 12/12/2001)
|
Dec. 12, 2001
|
Dec. 12, 2001
|
34
|
Notice of intent to comply with Court's order of 11-28-2001 regarding entry upon land by Wheeler's, Inc. (pag) (Entered: 12/13/2001)
|
Dec. 13, 2001
|
Dec. 13, 2001
|
|
SUBMITTED to Judge Harold L. Murphy on [32-1] motion to extend time to 2-1-2002 in which to respond to dft's [25-1] motion for summary judgment, [31-1] (dd) (Entered: 12/18/2001)
|
Dec. 18, 2001
|
Dec. 18, 2001
|
35
|
ORDER by Judge Harold L. Murphy, extending time thru 2/2/02 for pla to respond to dft's motion for summary judgment and directs pla to respond within that time (cc) (dd) (Entered: 12/19/2001)
|
Dec. 19, 2001
|
Dec. 19, 2001
|
|
Terminated submissions. (dd) (Entered: 12/19/2001)
|
Dec. 19, 2001
|
Dec. 19, 2001
|
36
|
MOTION by pla for sanctions against dft for non-compliance w/court's order with brief in support. (bj) (Entered: 12/24/2001)
|
Dec. 24, 2001
|
Dec. 24, 2001
|
37
|
Response by defendant to pla's [36-1] motion for sanctions against dft for non-compliance w/court's order with brief in support. (pag) Modified on 01/08/2002 (Entered: 01/08/2002)
|
Jan. 8, 2002
|
Jan. 8, 2002
|
|
SUBMITTED to Judge Harold L. Murphy on [36-1] motion for sanctions against dft for non-compliance w/court's order, with [37-1] response (bj) (Entered: 01/16/2002)
|
Jan. 16, 2002
|
Jan. 16, 2002
|
38
|
Reply Brief by plaintiff in support of its [36-1] motion for sanctions against dft for non-compliance w/court's order (pag) (Entered: 01/24/2002)
|
Jan. 23, 2002
|
Jan. 23, 2002
|
39
|
TELE-CONFERENCE HELD before Judge Harold L. Murphy in re [36-1] motion for sanctions against dft for non-compliance w/court's order. Written order to follow. (bj) (Entered: 01/29/2002) sanctions against dft for non-compliance w/court's order; Reopens discovery period for 30 days from 1/29/02; Discovery ends 3/4/02 Ct extends the time for pla to respond to dft's [25-1] motion for summary judgment 20 days after discovery expires . [25-1] motion for summary judgment to be submitted on 3/26/02 (cc) (bj) (Entered: 01/29/2002)
|
Jan. 29, 2002
|
Jan. 29, 2002
|
|
Steno notes of proceedings held 1/29/02 before Judge Harold L. Murphy , by Court Reporter Dennis J. Reidy. (klb) (Entered: 01/29/2002)
|
Jan. 29, 2002
|
Jan. 29, 2002
|
41
|
SECOND SUPPLEMENTAL ANSWERS TO INITIAL DISCLOSURES by plaintiff Equal Employment (klb) (Entered: 01/30/2002)
|
Jan. 30, 2002
|
Jan. 30, 2002
|
42
|
Notice to substitute attorney terminating attorney James Douglas Macy for Equal Employment and adding Steven Mark Tapper (pag) (Entered: 02/19/2002)
|
Feb. 15, 2002
|
Feb. 15, 2002
|
43
|
MOTION by plaintiff for 20 day extension of discovery and to toll ddl for sum/jgm response with Brief in support. (bjj) (Entered: 03/01/2002)
|
March 1, 2002
|
March 1, 2002
|
|
CASE REFERRED to Mag Judge Walter E. Johnson (Calendar sheets forwarded) (aar) (Entered: 03/26/2002)
|
March 26, 2002
|
March 26, 2002
|
44
|
ORDER by Mag Judge Walter E. Johnson: GRANTING [43-1] motion for 20 day extension of discovery; GRANTING [43-2] motion toll ddl for sum/jgm response; [25-1] motion for summary judgment to be submitted on 4/10/02 (cc) (bjj) (Entered: 03/27/2002)
|
March 27, 2002
|
March 27, 2002
|
|
Steno notes of proceedings held 4/2/02 before Mag Judge Walter E. Johnson; by Court Reporter: Dennis J. Reidy. (bjj) (Entered: 04/03/2002)
|
April 2, 2002
|
April 2, 2002
|
45
|
TELE-CONFERENCE HELD before Mag Judge Walter E. Johnson in re of pending motion and discovery; written order to follow. (bjj) (Entered: 04/03/2002)
|
April 2, 2002
|
April 2, 2002
|
|
Oral MOTION by plaintiff Equal Employment to compel discovery (bjj) (Entered: 04/03/2002)
|
April 2, 2002
|
April 2, 2002
|
46
|
ORDER by Mag Judge Walter E. Johnson: DENYING oral [0-0] motion to compel discovery by pla, Discovery ends 4/4/02 , extending time for pla's response to deft's [25-1] motion for summary judgment , [25-1] motion for summary judgment to be submitted on 4/18/02 (cc) (bjj) (Entered: 04/03/2002)
|
April 3, 2002
|
April 3, 2002
|
47
|
MOTION by plaintiff to extend length of pla's response brief to deft's motion for sum/jgm ; prop Brief in Opposition submitted herewith. (bjj) (Entered: 04/19/2002)
|
April 18, 2002
|
April 18, 2002
|
48
|
Response by plaintiff to deft's [25-1] stmt of undisputed facts, filed with the motion for summary judgment. (bjj) (Entered: 04/19/2002)
|
April 18, 2002
|
April 18, 2002
|
49
|
STATEMENT of Material Facts to Which There Exists a Genuine Issue to be Tried, filed by plaintiff Equal Employment. (bjj) (Entered: 04/19/2002)
|
April 18, 2002
|
April 18, 2002
|
50
|
Notice of Filing Original Discovery (Depositions) by plaintiff. (bjj) Modified on 04/22/2002 (Entered: 04/19/2002)
|
April 18, 2002
|
April 18, 2002
|
51
|
Notice of Request by plaintiff to have deft file original discovery of Andres Martinez. (bjj) (Entered: 04/22/2002)
|
April 18, 2002
|
April 18, 2002
|
52
|
MOTION by plaintiff to amend brief in opposition to deft's motion for sum/jgm to include a citation omitted (leave to file said brief is pending) (bjj) (Entered: 04/19/2002)
|
April 19, 2002
|
April 19, 2002
|
53
|
ORDER by Mag Judge Walter E. Johnson GRANTING pla's [47-1] motion to extend length of pla's response brief in opposition to deft's motion for sum/jgm (cc) (pag) (Entered: 04/22/2002)
|
April 22, 2002
|
April 22, 2002
|
54
|
Brief with exhibits by plaintiff in opposition to dft's [25-1] motion for summary judgment (pag) (Entered: 04/22/2002)
|
April 22, 2002
|
April 22, 2002
|
55
|
ORDER by Mag Judge Walter E. Johnson: GRANTING [52-1] motion to amend brief in opposition to deft's motion for sum/jgm include a citation omitted (cc) (bjj) (Entered: 04/25/2002)
|
April 24, 2002
|
April 24, 2002
|
56
|
Notice of Filing by pla of SEALED copy of Errata Sheet for second Volume of Deposition of Frank Shropshire. (bjj) (Entered: 04/25/2002)
|
April 24, 2002
|
April 24, 2002
|
57
|
Errata Sheet filed by plaintiff regarding [56-1] Notice and [0-0] Deposition of Frank Shropshire, Second Volume. (bjj) (Entered: 04/25/2002)
|
April 24, 2002
|
April 24, 2002
|
58
|
MOTION by plaintiff to enforce subpoena to compel attendence of non-pty witness for deposition with memorandum of law in support. (bj) (Entered: 05/01/2002)
|
April 29, 2002
|
April 29, 2002
|
59
|
Reply by defendant Wheeler's, Inc. to pla's [54-1] brief in opposition to dft Wheeler's,[25-1] motion for summary judgment (pag) (Entered: 05/06/2002)
|
May 6, 2002
|
May 6, 2002
|
60
|
Reply by defendant Wheeler's, Inc. to pla's [54-1] response, to dft Wheeler's [25-1] statement of undisputed facts in support of sum jgm. (pag) (Entered: 05/06/2002)
|
May 6, 2002
|
May 6, 2002
|
61
|
Response by defendant Wheeler's, Inc. to pla's [25-1] statement of mat facts to which there exists a genuine issue to be tried. (pag) (Entered: 05/06/2002)
|
May 6, 2002
|
May 6, 2002
|
62
|
Notice of filing supplemental relevant deposition excerts & other material in support of sum jgm by defendant Wheeler's, Inc. . (pag) (Entered: 05/06/2002)
|
May 6, 2002
|
May 6, 2002
|
63
|
Notice of filing original deposition of Andreas Martinez by defendant Wheeler's, Inc. . (pag) Modified on 05/07/2002 (Entered: 05/07/2002)
|
May 6, 2002
|
May 6, 2002
|
64
|
Deposition of Andreas Martinez taken for defendant Wheeler's, Inc. (pag) (Entered: 05/07/2002)
|
May 6, 2002
|
May 6, 2002
|
65
|
MOTION by plaintiff for leave to file sur-reply brief with prop sur-reply brief att'd as exhibit 1. (bjj) (Entered: 05/21/2002)
|
May 20, 2002
|
May 20, 2002
|
66
|
REPORT AND RECOMMENDATION by Mag Judge Walter E. Johnson: RECOMMENDS that deft's [25-1] motion for sum/jgm be GRANTED in part as to the Peyton retaliation claim and DENIED in part as to the pay discrimination claim ; with order for service. (Submission of RR due 6/17/02) (cc by Mag) (bjj) Modified on 06/14/2002 (Entered: 05/31/2002)
|
May 31, 2002
|
May 31, 2002
|
|
SUBMITTED to Mag Judge Walter E. Johnson on [65-1] motion for leave to file sur-reply brief (bj) (Entered: 06/11/2002)
|
June 11, 2002
|
June 11, 2002
|
67
|
Objections In Part by deft to Mag. Judge's [66-1] report & recommendation. (bjj) (Entered: 06/13/2002)
|
June 13, 2002
|
June 13, 2002
|
68
|
Objections by pla to [66-1] report & recommendation. (bjj) (Entered: 06/14/2002)
|
June 14, 2002
|
June 14, 2002
|
|
SUBMITTED to Mag Judge Walter E. Johnson on [65-1] motion for leave to file sur-reply brief (bj) (Entered: 06/17/2002)
|
June 17, 2002
|
June 17, 2002
|
69
|
ORDER by Mag Judge Walter E. Johnson: DENYING as MOOT pla's [65-1] motion for leave to file sur-reply brief by Equal Employment; GRANTING pla's [58-1] motion to enforce subpoena to compel attendence of non-pty witness for deposition. (cc served by Mag) (bjj) (Entered: 06/19/2002)
|
June 17, 2002
|
June 17, 2002
|
70
|
MOTION by pla for leave to file Amended Objections to Mag's R & R ; Amended Objections submitted herewith. (bjj) (Entered: 06/20/2002)
|
June 19, 2002
|
June 19, 2002
|
|
SUBMITTED to Judge Harold L. Murphy on [66-1] report & recommendation, with [67-1] objections, [68-1] objections (bj) (Entered: 06/20/2002)
|
June 20, 2002
|
June 20, 2002
|
|
Terminated submissions. (bj) (Entered: 06/20/2002)
|
June 20, 2002
|
June 20, 2002
|
71
|
Reply by Wheeler's, Inc. to EEOC'S [68-1] objection to Mag. report & receommendation. (pag) (Entered: 06/25/2002)
|
June 24, 2002
|
June 24, 2002
|
72
|
Response by pla to deft's [67-1] objection to [66-1] report & recommendation. (bjj) (Entered: 06/26/2002)
|
June 26, 2002
|
June 26, 2002
|
|
SUBMITTED to Judge Harold L. Murphy on [70-1] motion for leave to file Amended Objections to Mag's R & R (bj) (Entered: 07/12/2002)
|
July 12, 2002
|
July 12, 2002
|
73
|
ORDER by Judge Harold L. Murphy GRANTING IN PART AND DENYING IN PART dft's [25-1] motion for summary judgment; (Grants as to claim of retaliation asserted on behalf of Mr. Frank Peyton & denies w/respect to pla's pay discrimination claim) Court ADOPTING Mag Judge's [66-1] report & recommendation as the order of this court; OVERRULES dft's [67-1] objections & pla's [68-1] objections; GRANTING pla's [70-1] motion for leave to file Amended Objections to Mag's R & R. PTO due w/in 30 days. Clk to place case on next available trial calendar. pre-trial order due on 8/16/02 (cc) (bj) (Entered: 07/17/2002)
|
July 17, 2002
|
July 17, 2002
|
74
|
MOTION by plaintiff to extend time to file a prop consolidated pto ; w/Brief in support. (bjj) (Entered: 08/08/2002)
|
Aug. 7, 2002
|
Aug. 7, 2002
|
75
|
ORDER by Judge Harold L. Murphy: GRANTING pla's [74-1] motion to extend time to file a prop consolidated pto; pre-trial order due on 9/13/02 (cc) (bjj) (Entered: 08/16/2002)
|
Aug. 16, 2002
|
Aug. 16, 2002
|
|
Proposed consolidated pretrial order. (bjj) (Entered: 09/13/2002)
|
Sept. 13, 2002
|
Sept. 13, 2002
|
|
Terminated submissions. (bjj) (Entered: 09/13/2002)
|
Sept. 13, 2002
|
Sept. 13, 2002
|
76
|
MOTION by defendant in limine to strike witnesses form pla's witness list ; w/Memo in support. (bjj) (Entered: 10/10/2002)
|
Oct. 10, 2002
|
Oct. 10, 2002
|
77
|
MOTION by defendant in limine to exclude evidence w/Memo in support. (bjj) (Entered: 10/11/2002)
|
Oct. 10, 2002
|
Oct. 10, 2002
|
78
|
Notice of Withdrawl of Counsel by Cynthia L. Montgomery, Atty for plaintiff Equal Employment Opportunity Comm. (bjj) (Entered: 10/17/2002)
|
Oct. 16, 2002
|
Oct. 16, 2002
|
79
|
PRE-TRIAL CONFERENCE HELD before Judge Harold L. Murphy; Ct deferred motion in limine; case will be 1 on calendar for 10/28/02. (bj) (Entered: 10/17/2002)
|
Oct. 17, 2002
|
Oct. 17, 2002
|
80
|
Attorney appearance for plaintiff by William A. Cash Jr. (pag) (Entered: 10/18/2002)
|
Oct. 17, 2002
|
Oct. 17, 2002
|