Eppinger v. Caterpillar, Inc. et al
| Teawanna Eppinger |
| Chris Lowery, Mike Dennis and Caterpillar Inc |
| 1:2014cv01492 |
| December 30, 2014 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Peoria |
| Jonathan E Hawley |
| Michael M Mihm |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 20, 2017. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 49 MANDATE of USCA as to #40 Notice of Appeal filed by Teawanna Eppinger. The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on this date. See full written Order. (VH, ilcd) |
| Filing 48 Letter of Transmittal from USCA re #40 Notice of Appeal, acknowledging receipt of long record consisting of 3 volume of pleadings and 4 sealed documents. (VH, ilcd) |
| Filing 47 Letter of Transmittal/Certification to USCA via email re #40 Notice of Appeal consisting of 3 volume of pleadings and 4 sealed documents. (VH, ilcd) |
| Filing 46 Request from USCA for Long Record re #40 Notice of Appeal. (VH, ilcd) |
| Certified and Transmitted Record on Appeal to US Court of Appeals re #40 Notice of Appeal. (VH, ilcd) |
| Filing 45 NOTICE of Docketing Record on Appeal from USCA re #40 Notice of Appeal filed by Teawanna Eppinger. USCA Case Number 16-3891. (VH, ilcd) |
TEXT ONLY ORDER granting #41 Motion for Leave to Appeal in forma pauperis; denying #42 Motion to Request Counsel. On November 10, 2016, pro se Plaintiff Teawanna Eppinger filed her #40 Notice of Appeal, #41 Motion for Leave to Appeal in forma pauperis, and #42 Motion to Request Counsel. The notice of appeal states Plaintiff appeals to the United States Court of Appeals for the Third Circuit and appeals from both #33 this Court's order granting Defendants' motion for summary judgment and #39 this Court's order denying Plaintiff's motion to alter or amend order and judgment. The Court construes Plaintiff's notice of appeal as appealing to the United States Court of Appeals for the Seventh Circuit. The Federal Rules of Appellate Procedure provide a pauper is permitted to proceed in forma pauperis unless the court certifies the appeal is not taken in good faith. Fed.R.App.P. 24(a)(3). A finding of bad faith is essentially equivalent to a finding of frivolousness. Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000). Put another way, the Court must find that a reasonable person could suppose the appeal has some merit. Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000). While it appears the appeal as to the Court's order granting Defendants' motion for summary judgment may be time-barred under Federal Rule of Appellate Procedure 4(a)(1), this Court does not decide that issue today. The Court, however, does find a reasonable person could suppose the appeal as to the Court's order denying Plaintiff's motion to alter or amend order and judgment has merit. Accordingly, the appeal is in good faith. That motion is GRANTED and Plaintiff may proceed in forma pauperis. Plaintiff's #42 Motion to Request Counsel is properly addressed by the Court of Appeals. Accordingly, that motion is DENIED AS MOOT. Entered by Judge Michael M. Mihm on 11/14/2016. (MS1, ilcd)
|
| Filing 44 NOTICE of Docketing Record on Appeal from USCA re #40 Notice of Appeal filed by Teawanna Eppinger. USCA Case Number 16-3891. (RK, ilcd) |
| Filing 43 Short Record of Appeal Sent to US Court of Appeals re #40 Notice of Appeal. (VH, ilcd) |
| Filing 42 MOTION to Request Counsel by Plaintiff Teawanna Eppinger. Responses due by 11/28/2016 (VH, ilcd) |
| Filing 41 MOTION for Leave to Appeal in forma pauperis by Plaintiff Teawanna Eppinger. Responses due by 11/28/2016 (VH, ilcd) |
| Filing 40 NOTICE OF APPEAL by Teawanna Eppinger. (VH, ilcd) |
|
Filing 39
ORDER entered by Judge Michael M. Mihm on 10/12/2016. For the reasons set forth above, Plaintiff's Motion to Alter or Amend Order and Judgment pursuant to Federal Rule of Civil Procedure 59(e) is #36 DENIED. See full written Order. (VH, ilcd)
|
|
TEXT ONLY ORDER. On August 19, 2016, a #35 Bill of Costs was submitted on behalf of Caterpillar, Inc., with costs to be taxed in the amount of $1,275.00. The parties were given 14 days to file objections. Neither party objected, although Plaintiff did file her #36 Motion to Alter or Amend Order and Judgment on August 25, 2016. According to Rule 54(d)(1) of the Federal Rules of Civil Procedure, costs other than attorney's fees should be allowed to the prevailing party unless a federal statute, the Rules, or a court order provides otherwise. In light of Plaintiff's pro se status, the Court finds that in the interests of equity, costs should not be taxed in the instant case. Entered by Judge Michael M. Mihm on 10/12/2016. (MS1, ilcd)
|
| Filing 38 REPLY to Response to Motion re #36 MOTION to Alter Judgment filed by Plaintiff Teawanna Eppinger. (SL, ilcd) |
| Filing 37 RESPONSE to Motion re #36 MOTION to Alter Judgment filed by Defendants Caterpillar Inc, Mike Dennis, Chris Lowery. (Busey, Christopher) |
| Filing 36 Plaintiff's MOTION Memorandum in Support of Her Motion to Alter or Amend Order and Judgment by Plaintiff Teawanna Eppinger. Responses due by 9/12/2016 (Attachments: #1 Exhibits)(VH, ilcd) |
| Filing 35 BILL OF COSTS submitted on behalf of Caterpillar Inc, Mike Dennis, Chris Lowery re #34 Judgment . (Attachments: #1 Exhibit)(Busey, Christopher) |
| NOTICE re #35 Bill of Costs. Costs will be taxed in the amount of $1275.00; parties have 14 days (9/2/2016) to file objections. (VH, ilcd) |
| Set Deadline: Miscellaneous Deadline 9/2/2016 for parties to file objections. (VH, ilcd) |
| Filing 34 JUDGMENT in favor of Caterpillar Inc, Chris Lowery, Mike Dennis against Teawanna Eppinger (VH, ilcd) |
|
Filing 33
ORDER entered by Judge Michael M. Mihm on 8/16/2016: IT IS ORDERED that Defendants' Motion for Summary Judgment (ECF No. #27 ) is GRANTED. This case is now TERMINATED. (SEE FULL WRITTEN ORDER) (JRK, ilcd)
|
|
TEXT ORDER Setting Motion Hearing in re Motion #32 MOTION to Continue and Stay Remaining Case Deadlines. Motion Hearing set for 8/18/2016 at 1:30 PM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Entered by Magistrate Judge Jonathan E. Hawley on 8/15/16. (WG, ilcd)
|
| Filing 32 MOTION to Continue and Stay Remaining Case Deadlines by Defendants Caterpillar Inc, Mike Dennis, Chris Lowery. Responses due by 8/29/2016 (Attachments: #1 Text of Proposed Order)(Busey, Christopher) |
| Filing 31 NOTICE of Appearance of Attorney by Jason M Torres on behalf of Caterpillar Inc (Torres, Jason) |
| Filing 30 REPLY to Response to Motion re #27 MOTION for Summary Judgment filed by Defendants Caterpillar Inc, Mike Dennis, Chris Lowery. (Busey, Christopher) |
| Filing 29 RESPONSE to Motion re #27 MOTION for Summary Judgment filed by Plaintiff Teawanna Eppinger. (Attachments: #1 Appendix, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18)(SL, ilcd) |
| Filing 28 RULE 56 NOTICE re #27 MOTION for Summary Judgment mailed to ProSe Plaintiff. (JRK, ilcd) |
| Filing 27 MOTION for Summary Judgment by Defendants Caterpillar Inc, Mike Dennis, Chris Lowery. Responses due by 7/8/2016 (Attachments: #1 Appendix, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P)(Busey, Christopher) |
| Filing 26 Consent MOTION for Extension of Time to File Dispositive Motions by Defendants Caterpillar Inc, Mike Dennis, Chris Lowery. Responses due by 6/13/2016 (Attachments: #1 Text of Proposed Order)(Busey, Christopher) |
|
TEXT ONLY ORDER granting #26 Consent Motion for Extension of Time to File Dispositive Motions filed by Defendants Caterpillar Inc., Mike Dennis, and Chris Lowery. In the Motion Defendants state they have been unable to compile relevant evidence and finalize their dispositive motion. Therefore, Defendants request a fourteen day extension of time until June 14, 2016, to file their dispositive motions. Defendants state counsel for Defendant Caterpillar has discussed this request with Plaintiff, who is proceeding pro se, and Plaintiff has indicated she has no objection to the request. As such, the Court GRANTS Defendants' Motion. Dipositive motions must be filed on or before June 14, 2016. Entered by Judge Michael M. Mihm on 5/25/2016. (ALM, ilcd)
|
|
TEXT ORDER by Magistrate Judge Jonathan E. Hawley: The Status conference (misc hearing) set for 4/14/2016 at 2:30 PM via telephone is cancelled. At the completion of the discovery ddl, if the parties are in agreement to having a settlement conference with the Court, they are directed to jointly phone chambers at (309)671-7140 and request a status conference. Entered on 12/30/15. (WG, ilcd)
|
| Filing 25 Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone ProSe Plaintff Teawanna Eppinger and Dfts Atty Christopher Busey for a Rule 16 Scheduling Conference on Thursday, 7/16/2015. Discussion held re: the Proposed Discovery Plan. Court adopts the proposed dates as outlined in document #24 with Discovery due by 3/30/2016 and Dispositive Motions due by 5/31/2016. The Final Pretrial Conference is set for Friday, 9/2/2016 at 10:00 AM with a Jury Trial set for Monday, 9/26/2016 at 8:45 AM BOTH scheduled in Courtroom B in Peoria before Judge Michael M. Mihm. Parties are reminded of their option to consent to proceed before US Magistrate Judge. See attached form. If a dispute arises between the parties on any discovery issue, they are directed to promptly confer and, if said conference does not resolve the dispute, to contact the Court within 24 hours to schedule a hearing to resolve the dispute. Parties advised of mediation procedures. Court sets a telephonic conference for Thursday, 4/14/2016 at 2:30 PM from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley to explore the possibility of scheduling a settlement conference. Court reminds parties the importance of appearing for telephonic hearings. Failure to appear for a telephonic hearing will result in the party being expected to appear in-person for all further proceedings. (JRK, ilcd) |
| Filing 24 REPORT of Rule 26(f) Planning Meeting by Caterpillar, Inc., Mike Dennis, Chris Lowery. (Busey, Christopher) |
|
Filing 23
ORDER setting Rule 16 Scheduling Conference. Rule 16 Scheduling Conference set for 7/16/15 at 2:45 pm via telephone (Court to set up the call) before Magistrate Judge Jonathan E. Hawley. Agreed Discovery plan to be filed by 7/7/15. If Counsel are to be reached at a number different than what is listed on the docket sheet, the are directed to phone Judge Hawley's courtroom deputy at 309-671-7117 and confirm the phone number where they may be reached for the call. See written order. Entered by Magistrate Judge Jonathan E. Hawley on 6/3/2015. (Attachments: #1 Memo re proposed discovery plan)(WG, ilcd)
|
| Filing 22 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Mike Dennis.(Busey, Christopher) |
| Filing 21 NOTICE of Appearance of Attorney by Joseph S Turner on behalf of Mike Dennis (Turner, Joseph) |
| Filing 20 NOTICE of Appearance of Attorney by Christopher M Busey on behalf of All Defendants (Busey, Christopher) |
| Filing 19 SUMMONS Returned Executed by Teawanna Eppinger. Mike Dennis served on 5/15/2015, answer due 6/5/2015. (RK, ilcd) |
| Filing 18 ALIAS Summons Issued as to Mike Dennis. (SW, ilcd) |
|
TEXT ORDER: Now that the Defendants who have appeared in this case have provided the Court with Dft Dennis's address, the Clerk is directed to complete an alias summons form for Dft Dennis at that address. The Clerk is further directed to forward the completed alias summons to the US Marshals for service. All costs to be advanced by the United States. Entered by Magistrate Judge Jonathan E. Hawley on 4/21/15. (WG, ilcd)
|
| Filing 17 NOTICE by Teawanna Eppinger: DEMAND for Trial by Jury & NOTICE of Charges filed/pending with Human Rights Commission. (JRK, ilcd) |
|
TEXT ORDER: The Court notes that Summons to Defendant Mike Dennis was returned unexecuted on 3/31/2015 indicating that Defendant Dennis was no longer at Caterpillar because retired. Counsel for the Defendants who have appeared in this case is directed to provide the Court with Defendant Dennis's current address, if possible, by 4/24/2015. Counsel should email that information to hawley@ilcd.uscourts.gov. Counsel shall NOT file that information in the docket. Entered by Magistrate Judge Jonathan E. Hawley on 4/15/2015. (KZ, ilcd)
|
| Filing 16 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Chris Lowery.(Turner, Joseph) |
| Filing 15 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Caterpillar, Inc..(Turner, Joseph) |
| Filing 14 CERTIFICATE OF SERVICE by Caterpillar, Inc. re #13 Notice of Appearance of Attorney (Turner, Joseph) |
| Filing 13 NOTICE of Appearance of Attorney by Joseph S Turner on behalf of Caterpillar, Inc. (Turner, Joseph) |
| Filing 12 Summons Returned Unexecuted as to Mike Dennis. (SW, ilcd) |
| Filing 11 SUMMONS Returned Executed by Chris Lowery. Chris Lowery served on 3/24/2015, answer due 4/14/2015. (SW, ilcd) |
| Filing 10 SUMMONS Returned Executed by Caterpillar, Inc. served on 3/12/2015, answer due 4/2/2015. (SW, ilcd) |
| Filing 9 Summons Issued as to Caterpillar, Inc., Mike Dennis, Chris Lowery. (SW, ilcd) |
|
Filing 8
ORDER entered by Judge Michael M. Mihm on 01/14/2015. Plaintiff's Motion for Leave to Proceed In Forma Pauperis #2 is MOOT. Plaintiff's Motionfor Leave to Proceed In Forma Pauperis #7 is GRANTED. Plaintiff's Motion to Request Counsel #6 is DENIED. See full written Order.(JS, ilcd)
|
|
TEXT ONLY ORDER re completion of summons. Now that the Court has ruled on the Motion for Leave to Proceed in Forma Pauperis Plaintiff is directed to complete the summons for each Defendant and return the completed summons to the Clerk of the Court for service of process within 14 days of entry of this Order. Once the Clerk of the Court receives the completed summons the Clerk of the Court is directed to forward the completed summons to the United States Marshals for service. All cost to be advanced by the United States. Entered by Judge Michael M. Mihm on 1/14/2015. (ALM, ilcd)
|
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Plaintiff Teawanna Eppinger. Responses due by 1/30/2015 (SW, ilcd) |
| Filing 6 MOTION to Request Counsel by Plaintiff Teawanna Eppinger. Responses due by 1/30/2015 (SW, ilcd) |
| Filing 5 Letter from Plaintiff re updated phone number of 309-215-6808. (SW, ilcd) |
|
TEXT ONLY ORDER re #2 MOTION for Leave to Proceed in forma pauperis filed by Teawanna Eppinger. After careful review of Plaintiff Teawanna Eppinger's Motion for Leave to Proceed in forma pauperis (ECF No. 2) it becomes apparent that the application is incomplete. Specifically, question 2 asks the applicant to state her gross pay or wages and take-home pay or wages per pay period. In question 2 on Plaintiff's application the section asking for the pay period is left blank. Additionally, question 3 asks the applicant whether she has received any income from the listed sources in the past 12 months. In question 3 on Plaintiff's application no boxes are checked. As such, Plaintiff is directed to refile a completed application to proceed in the district court without prepaying fees or costs within 14 days of entry of this order. Entered by Judge Michael M. Mihm on 1/7/2015. (ALM, ilcd)
|
|
TEXT ONLY ORDER denying #3 Motion to Request Counsel filed by Teawanna Eppinger. Without further information regarding Plaintiff Teawanna Eppinger's financial status the Court cannot determine whether to appoint counsel or not. However, after careful review of Plaintiff's Motion to Request Counsel (ECF No. 3) it becomes apparent that Plaintiff has not attempted to retain counsel to represent her in this proceeding. Specifically, the section in Plaintiff's Motion for Appointment of Counsel that asks what attempts she has made to retain counsel in this proceeding is left blank. As such, Plaintiff's Motion to Request Counsel (ECF No. 3) is DENIED without prejudice. Entered by Judge Michael M. Mihm on 1/7/2015. (ALM, ilcd)
|
| Set/Reset Deadlines: Miscellaneous Deadline 1/21/2015 (JS, ilcd) |
| Filing 4 Exhibit re #1 Complaint by Teawanna Eppinger. (SW, ilcd) |
| Filing 3 MOTION to Request Counsel by Plaintiff Teawanna Eppinger. Responses due by 1/16/2015 (FDT, ilcd) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Teawanna Eppinger. Responses due by 1/16/2015 (FDT, ilcd) |
| Filing 1 COMPLAINT against Caterpillar, Inc., Mike Dennis, and Chris Lowery filed by Teawanna Eppinger.(FDT, ilcd) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
