Fernandez v. Sugar Creek Packing Company
Plaintiff: Gabriel S. Fernandez
Defendant: Sugar Creek Packing Company
Case Number: 2:2022cv02282
Filed: July 20, 2022
Court: US District Court for the District of Kansas
Presiding Judge: Kenneth G Gale
Referring Judge: John W Lungstrum
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1441 Petition for Removal - Employment Discrim
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 22, 2023 Opinion or Order Filing 49 MEMORANDUM IN SUPPORT of #48 Bill of Costs by Sugar Creek Packing Company. (Attachments: #1 Exhibit A)(Russell, Kyle)
August 22, 2023 Opinion or Order Filing 48 BILL OF COSTS by Sugar Creek Packing Company. (Russell, Kyle)
August 8, 2023 Opinion or Order Filing 47 JUDGMENT. Signed by deputy clerk on 8/8/2023. (mam)
August 8, 2023 Opinion or Order Filing 46 MEMORANDUM AND ORDER granting #38 Defendant's Motion for Summary Judgment. Signed by District Judge John W. Lungstrum on 8/8/2023. (mam)
July 19, 2023 Opinion or Order Filing 45 REPLY TO RESPONSE TO MOTION by Defendant Sugar Creek Packing Company re #38 Motion for Summary Judgment (Attachments: #1 Exhibit I)(Russell, Kyle) Modified title on 7/20/2023 (kmc).
July 11, 2023 Opinion or Order Filing 44 ORDER granting #43 Plaintiff's Unopposed Motion For Substitution of Fully Executed Exhibit A To His Memorandum In Opposition To Defendant's Motion For Summary Judgment. Signed by District Judge John W. Lungstrum on 7/11/2023. (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (alh)
July 10, 2023 Opinion or Order Filing 43 UNOPPOSED MOTION for Substitution of Fully Executed Exhibit A to #42 Memorandum in Opposition to #38 Defendant's Motion for Summary Judgment by Plaintiff Gabriel S. Fernandez. (Attachments: #1 Ex. A)(Kuhl, Albert)
July 6, 2023 Opinion or Order Filing 42 MEMORANDUM IN OPPOSITION by Plaintiff Gabriel S. Fernandez re #38 MOTION for Summary Judgment (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C, #4 Ex. D, #5 Ex. E, #6 Ex. F, #7 Ex. G)(Kuhl, Albert)
June 21, 2023 Opinion or Order Reset Deadline as to #38 MOTION for Summary Judgment . Response deadline 7/6/2023 per 41 Order.(kas)
June 20, 2023 Opinion or Order Filing 41 ORDER granting #40 Plaintiff's Unopposed MOTION for Extension of Time in Which to File Memorandum in Opposition to Defendant's Motion for Summary Judgment #38 . Plaintiff's Response deadline is extended to 7/6/2023. Signed by District Judge John W. Lungstrum on 6/20/2023. (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (alh) Modified on 6/21/2023 to correct docket text (kas).
June 19, 2023 Opinion or Order Filing 40 Unopposed MOTION for Extension of Time to File Response as to #38 Motion for Summary Judgment by Plaintiff Gabriel S. Fernandez (Kuhl, Albert) Modified on 6/20/2023 to update docket text and link to correct document (kas).
June 5, 2023 Opinion or Order Filing 39 MEMORANDUM IN SUPPORT of #38 MOTION for Summary Judgment by Defendant Sugar Creek Packing Company (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Russell, Kyle)
June 5, 2023 Opinion or Order Filing 38 MOTION for Summary Judgment by Defendant Sugar Creek Packing Company (Russell, Kyle)
May 19, 2023 Opinion or Order Filing 37 PRETRIAL ORDER ENTERED. Estimated trial time 5 days. Dispositive motion deadline 6/5/2023. Jury Trial set for 12/4/2023 at 9:30 AM in KC Courtroom 440 (JWL) before District Judge John W. Lungstrum. Signed by Magistrate Judge Kenneth G. Gale on 5/19/2023. (tl)
May 19, 2023 Opinion or Order Filing 36 MINUTE ENTRY for proceedings held before Magistrate Judge Kenneth G. Gale: FINAL PRETRIAL CONFERENCE held on 5/19/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl)
April 20, 2023 Opinion or Order Filing 35 NOTICE by Plaintiff Gabriel S. Fernandez of taking deposition of Andrew Alexander, Derek Boesken, Eddie Collins on April 27, 2023 and May 3, 2023 (Kuhl, Albert)
April 5, 2023 Opinion or Order Filing 34 AMENDED NOTICE by Defendant Sugar Creek Packing Company of taking deposition of Plaintiff Gabriel Fernandez on April 24, 2023 (Russell, Kyle)
March 28, 2023 Opinion or Order Filing 33 REVISED SCHEDULING ORDER: In the interest of justice, the Court grants the Defendant's unopposed motion to modify the scheduling order notwithstanding the fact that the motion, filed on March 23, 2023, is substantially out of time to continue a discovery deadline of March 1. However, the parties are admonished not to expect the Court's similar cooperation in the future. The Court hereby GRANTS the motion and amends the scheduling order as follows: Estimated trial time 5 days. Discovery deadline 5/11/2023, Proposed Pretrial Order due by 5/12/2023, Final Pretrial Conference set for 5/19/2023 at 3:00 PM via Telephone (KGG - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 5407703) before Magistrate Judge Kenneth G. Gale, Dispositive motion deadline 6/5/2023, Jury Trial set for 12/4/2023 at 9:30 AM in KC Courtroom 440 (JWL/KHV) before District Judge John W. Lungstrum; granting as unopposed #32 Motion to Modify Scheduling Order and Suggestions in Support by Defendant Sugar Creek Packing Company. Signed by Magistrate Judge Kenneth G. Gale on 3/28/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl)
March 23, 2023 Opinion or Order Filing 32 Unopposed MOTION to Modify Scheduling Order and Suggestions in Support by Defendant Sugar Creek Packing Company (referred to Magistrate Judge Kenneth G. Gale) (Russell, Kyle)
March 2, 2023 Opinion or Order Filing 31 AMENDED NOTICE by Plaintiff Gabriel S. Fernandez of taking deposition of Andrew Alexander, Derek Boesken and Eddie Collins on March 29, 2023 and March 31, 2023 (Kuhl, Albert) Modified on 3/3/2023 to update docket text (kas).
March 2, 2023 Opinion or Order Filing 30 CERTIFICATE OF SERVICE of Plaintiff's Response to Defendant's Second Request for Production of Documents by Gabriel S. Fernandez. (Kuhl, Albert)
February 27, 2023 Opinion or Order Filing 29 NOTICE by Defendant Sugar Creek Packing Company of taking deposition of Gabriel S. Fernandez on March 15, 2023 (Russell, Kyle)
February 22, 2023 Opinion or Order Filing 28 NOTICE by Plaintiff Gabriel S. Fernandez of taking deposition of Eddie Collins, Andrew Alexander, Derek Boesken on March 1, 2023 (Kuhl, Albert)
February 3, 2023 Opinion or Order Filing 27 ADR REPORT by Sugar Creek Packing Company. ADR session held on: January 20, 2023 and conducted by Michelle Minor. Results of ADR: Case did not settle. Status of litigation at time of ADR: Partial Discovery(Russell, Kyle)
January 31, 2023 Opinion or Order Filing 26 CERTIFICATE OF SERVICE of Defendant's Second Requests for Production to Plaintiff by Sugar Creek Packing Company. (Russell, Kyle)
January 26, 2023 Opinion or Order Filing 25 CERTIFICATE OF SERVICE of Defendant Sugar Creek Packing Co.'s Supplemental Disclosures by Sugar Creek Packing Company. (Russell, Kyle)
January 26, 2023 Opinion or Order Filing 24 CERTIFICATE OF SERVICE of Plaintiff's Supplemental Disclosure Statement by Gabriel S. Fernandez. (Kuhl, Albert)
December 19, 2022 Opinion or Order Filing 23 Amended JOINT MEDIATION NOTICE - Mediation to be held January 20, 2023 by Sugar Creek Packing Company (Russell, Kyle)
December 19, 2022 Opinion or Order Filing 22 ORDER granting #21 Joint Motion for Extension of Time to extend deadline to complete mediation. The Mediation deadline is extended to 1/31/2023. Signed by Magistrate Judge Kenneth G. Gale on 12/19/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl)
December 19, 2022 Opinion or Order Filing 21 Joint MOTION for extension of time to extend deadline to complete mediation by Defendant Sugar Creek Packing Company (referred to Magistrate Judge Kenneth G. Gale) (Russell, Kyle)
December 15, 2022 Opinion or Order Filing 20 AMENDED NOTICE by Defendant Sugar Creek Packing Company of taking deposition of Gabriel S. Fernandez on January 13, 2023. (Russell, Kyle)
November 28, 2022 Opinion or Order Filing 19 CERTIFICATE OF SERVICE of Plaintiff's Response to Defendant's First Interrogatories and First Request for Production of Documents by Gabriel S. Fernandez. (Kuhl, Albert)
November 28, 2022 Opinion or Order Filing 18 CERTIFICATE OF SERVICE of Defendant's Objections and Responses to Plaintiff's First Request for Production of Documents and Defendant's Objections and Answers to Plaintiff's First Interrogatories by Sugar Creek Packing Company. (Russell, Kyle)
November 7, 2022 Opinion or Order Filing 17 NOTICE by Defendant Sugar Creek Packing Company of taking deposition of Plaintiff Gabriel S. Fernandez on December 2, 2022 (Russell, Kyle)
October 28, 2022 Opinion or Order Filing 16 JOINT MEDIATION NOTICE by Sugar Creek Packing Company(Russell, Kyle) Modified title on 11/1/2022 (ca).
October 20, 2022 Opinion or Order Filing 15 NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Amanda Sisney as to Sugar Creek Packing Company (Sisney, Amanda)
October 10, 2022 Opinion or Order Filing 14 CERTIFICATE OF SERVICE of Defendant's First Interrogatories and First Requests for Production to Plaintiff by Sugar Creek Packing Company. (Sisney, Amanda)
October 10, 2022 Opinion or Order Filing 13 CERTIFICATE OF SERVICE of First Requests for Production and Interrogatories to Defendant by Gabriel S. Fernandez. (Kuhl, Albert)
September 15, 2022 Opinion or Order Filing 12 SCHEDULING ORDER: Estimated trial time 5 days. Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 10/28/2022. Mediation deadline 12/13/2022. Discovery deadline 3/1/2023. Proposed Pretrial Order due by 3/28/2023. Final Pretrial Conference set for 4/4/2023 at 02:00 PM via Telephone (KGG - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 5407703) before Magistrate Judge Kenneth G. Gale. Dispositive motion deadline 4/21/2023. Jury Trial set for 11/6/2023 at 09:30 AM in KC Courtroom 440 (JWL/KHV) before District Judge John W. Lungstrum. Signed by Magistrate Judge Kenneth G. Gale on 9/15/2022. (tl)
September 14, 2022 Opinion or Order MINUTE ENTRY for proceedings held before Magistrate Judge Kenneth G. Gale: SCHEDULING CONFERENCE held on 9/14/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl)
September 6, 2022 Opinion or Order Filing 11 CERTIFICATE OF SERVICE of Certificate of Service by Gabriel S. Fernandez. (Kuhl, Albert)
September 6, 2022 Opinion or Order Filing 10 CERTIFICATE OF SERVICE of Defendant's Initial Disclosures by Sugar Creek Packing Company. (Sisney, Amanda)
September 6, 2022 Opinion or Order Filing 9 PROTECTIVE ORDER. Signed by Magistrate Judge Kenneth G. Gale on 9/6/2022. (tl)
August 10, 2022 Opinion or Order Filing 8 INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 9/14/2022 at 10:00 AM by telephone (KGG - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 5407703) before Magistrate Judge Kenneth G. Gale. Rule 26 Planning Conference Deadline 8/24/2022. Rule 26 Initial Disclosures Deadline set for 9/6/2022. Proposed Scheduling Order Deadline 9/6/2022. Signed by Magistrate Judge Kenneth G. Gale on 8/10/22. (df)
August 10, 2022 Opinion or Order Filing 7 CORPORATE DISCLOSURE STATEMENT by Sugar Creek Packing Company identifying None as corporate parent . (Sisney, Amanda)
August 10, 2022 Opinion or Order Filing 6 ANSWER to Complaint by Sugar Creek Packing Company.(Sisney, Amanda)
July 21, 2022 Opinion or Order Filing 5 CLERKS ORDER EXTENDING TIME until 8/10/2022 for Defendant Sugar Creek Packing Company to answer or otherwise plead. Signed by deputy clerk on 7/21/2022. (jk)
July 20, 2022 Opinion or Order Filing 4 RETURN OF SERVICE of Alias Summons and Amended Petition filed by Plaintiff Gabriel S. Fernandez upon Defendant Sugar Creek Packing Company on 6/24/2022. (FILED IN CRAWFORD COUNTY DISTRICT COURT ON 6/30/2022. See Doc [1-2] for pleading. (kas)
July 20, 2022 Opinion or Order Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Defendant Sugar Creek Packing Company - trial to be held in Kansas City. (Sisney, Amanda)
July 20, 2022 Opinion or Order Filing 2 NOTICE of Removal to Plaintiff by Sugar Creek Packing Company (Attachments: #1 Exhibit A - Notice of Removal)(Sisney, Amanda)
July 20, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL from District Court of Crawford County, case number CRP-2022-CV-000046 Trial location of Kansas City ( Filing fee $402, Internet Payment Receipt Number AKSDC-5827761.), filed by Sugar Creek Packing Company. (Attachments: #1 Exhibit A - Civil Cover Sheet, #2 Exhibit B - Documents Filed in the State Court Action)(Sisney, Amanda)
July 20, 2022 Opinion or Order NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge John W. Lungstrum and Magistrate Judge Kenneth G. Gale for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)

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Plaintiff: Gabriel S. Fernandez
Represented By: Albert F. Kuhl
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Defendant: Sugar Creek Packing Company
Represented By: Amanda S. E. Sisney
Represented By: Desirae Fowler Demore
Represented By: Kyle B. Russell
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