Miller v. Ford Motor Company et al
Plaintiff: Ross Miller
Defendant: Ford Motor Company and Xerox HR Solutions, LLC
Case Number: 2:2014cv13096
Filed: August 12, 2014
Court: US District Court for the Eastern District of Michigan
Office: Detroit Office
County: Wayne
Presiding Judge: Nancy G Edmunds
Referring Judge: R Steven Whalen
Nature of Suit: Civil Rights: Americans with Disabilities - Employment
Cause of Action: 42 U.S.C. § 1983 Civil Rights (Employment Discrimination)
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 23, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 23, 2016 Opinion or Order Filing 57 STIPULATED DISMISSAL ORDER. Case dismissed with prejudice without costs, interest or attorney fees. Signed by District Judge Nancy G. Edmunds. (CBet)
February 24, 2016 Opinion or Order Filing 56 ORDER DISMISSING CASE. Case is hereby settled & dismissed without prejudice. Each party to bear own costs. Counsel granted leave to file subsequent dismissal entry which shall supersede this order. Court retains jurisdiction. Signed by District Judge Nancy G. Edmunds. (CBet)
February 23, 2016 Filing 55 TRANSCRIPT of Motion to Dismiss held on 1/7/2015. (Court Reporter: Suzanne Jacques(email: jacques@transcriptorders.com)) (Number of Pages: 8) The parties have 21 days to file with the court and Court Reporte a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 3/15/2016. Redacted Transcript Deadline set for 3/25/2016. Release of Transcript Restriction set for 5/23/2016. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Jacques, S.)
January 29, 2016 Filing 54 REPLY to Response re #51 MOTION for Summary Judgment filed by Ford Motor Company. (Attachments: #1 Exhibit Exhibit A - Supplemental Declaration of Mario Spadafora) (Baumhart, Julia)
January 12, 2016 Filing 53 RESPONSE to #51 MOTION for Summary Judgment filed by Ross Miller. (Attachments: #1 Index of Exhibits, #2 Exhibit 1- Plaintiffs Ford Motor Company Work Experience, #3 Exhibit 2- Affidavit of Ross Miller, #4 Exhibit 3- Deposition of Plaintiff- Volume I, #5 Exhibit 4- Letter from Defendants Leave Support Unit to Plaintiff dated 4.29.2008, #6 Exhibit 5- Deposition of Katherine Shatrau, #7 Exhibit 6- Deposition of Kristofer Kumfert, #8 Exhibit 7- Defendants Disability (Medical) Leave Policy, #9 Exhibit 8- Deposition of Plaintiff- Volume II, #10 Exhibit 9- Doctors Visit with Return to Work Clearance dated 5.13.13, #11 Exhibit 10- U.S. Equal Employment Opportunity Commission Intake Questionnaire, #12 Exhibit 11- Plaintiffs Personnel File, #13 Exhibit 12- Emails between Kumfert, Allmon, and Graham- April 2013-June 2013, #14 Exhibit 13- Emails between Kumfert and Shatrau- May 2013-June 2013, #15 Exhibit 14- Second List of Job Postings, #16 Exhibit 15- Defendant Ford Motor Companys Responses to Plaintiff Ross Millers First Set of Discovery Requests, #17 Exhibit 16- Emails between Plaintiffs Counsel and Defendants Counsel re. available jobs, #18 Exhibit 17- First List of Job Postings, #19 Exhibit 18- Email from Defendants Counsel to Plaintiffs Counsel dated 12.18.15) (Davidson, Syeda)
December 22, 2015 Filing 52 NOTICE OF HEARING on #51 MOTION for Summary Judgment . Motion Hearing set for 2/24/2016 02:00 PM before District Judge Nancy G. Edmunds (CBet)
December 22, 2015 Filing 51 MOTION for Summary Judgment by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Mario Spadafora Declaration, #3 Exhibit B - Plaintiff Ross Miller Deposition Transcripts, #4 Exhibit C - Katherine Shatrau Deposition Transcript, #5 Exhibit D - Daniel Heffernan Deposition Transcript, #6 Exhibit E - Kristofer Kumfert Deposition Transcript, #7 Exhibit F - Kristofer Kumfert Declaration, #8 Exhibit G - Sandy Ma Deposition Transcript, #9 Exhibit H - Unpublished Cases, #10 Exhibit I - Key Cases) (Baumhart, Julia)
December 15, 2015 Opinion or Order Filing 50 STIPULATION AND ORDER RESOLVING PLAINTIFF'S #43 Motion to Compel. Signed by Magistrate Judge R. Steven Whalen. (CCie)
December 15, 2015 TEXT-ONLY NOTICE: Motion Hearing on 12/15/2015 is Cancelled re #45 Notice of Hearing on Motion. (CCie)
December 11, 2015 Filing 49 STATEMENT of Resolved and Unresolved Issues re #43 MOTION to Compel Discovery by Ford Motor Company (Johnson, Thomas)
November 23, 2015 Opinion or Order Filing 48 STIPULATION AND ORDER amending scheduling order: re: ( Dispositive Motion Cut-off set for 12/22/2015) Signed by District Judge Nancy G. Edmunds. (CBet)
November 20, 2015 Filing 47 EXHIBIT J re #46 Response to Motion, by Ford Motor Company (Johnson, Thomas)
November 13, 2015 Filing 46 RESPONSE to #43 MOTION to Compel Discovery filed by Ford Motor Company. (Attachments: #1 Index of Exhibits, #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) (Johnson, Thomas)
November 10, 2015 Filing 45 NOTICE OF HEARING on #43 Plaintiff's MOTION to Compel Discovery. Resolved/Unresolved Issues due by 12/11/2015. Motion Hearing set for 12/15/2015 at 10:00 AM before Magistrate Judge R. Steven Whalen. (THac) REPLACED IMAGE DUE TO WRONG DEFENDANT LISTED. (Main Document 45 replaced on 11/10/2015) (THac).
October 29, 2015 Opinion or Order Filing 44 ORDER REFERRING MOTION to Magistrate Judge R. Steven Whalen: #43 MOTION to Compel Discovery filed by Ross Miller. Signed by District Judge Nancy G. Edmunds. (CBet)
October 27, 2015 Filing 43 MOTION to Compel Discovery by Ross Miller. (Attachments: #1 Index of Exhibits, #2 Exhibit 1- Plaintiff's First Discovery Requests to Defendant, #3 Exhibit 2- Defendant's Responses to First Set of Discovery Requests, #4 Exhibit 3- Emails between Plaintiff's Counsel and Defendant's Counsel dated 9.29.15, #5 Exhibit 4- Email from Defendant's Counsel to Plaintiff's Counsel dated 10.9.15, #6 Exhibit 5- Email from Plaintiff's Counsel to Defendant's Counsel dated 10.12.15, #7 Exhibit 6- Email from Defendant's Counsel to Plaintiff's Counsel dated 10.17.15, #8 Exhibit 7- Jobs) (Davidson, Syeda)
October 1, 2015 Opinion or Order Filing 42 AMENDED SCHEDULING ORDER:( Discovery due by 11/9/2015, Dispositive Motion Cut-off set for 12/1/2015, Final PT Order due 3/24/16. Final Pretrial Conference set for 4/7/2016 02:00 PM before District Judge Nancy G. Edmunds, Trailing Trial Docket set for 5/24/2016), Motions terminated: #41 Signed by District Judge Nancy G. Edmunds. (Refer to image for additional dates) (CBet)
September 23, 2015 Filing 41 MOTION TO EXTEND Scheduling Order Dates re #36 Scheduling Order,, by Ross Miller. (Davidson, Syeda)
August 27, 2015 Opinion or Order Filing 40 STIPULATION AND ORDER extending ( Discovery by 10/9/2015) Signed by District Judge Nancy G. Edmunds. (CBet)
July 31, 2015 Filing 39 WITNESS LIST by Ford Motor Company (Johnson, Thomas)
July 31, 2015 Filing 38 WITNESS LIST by Ross Miller (Davidson, Syeda)
July 30, 2015 Opinion or Order Filing 37 STIPULATED PROTECTIVE ORDER. Signed by District Judge Nancy G. Edmunds. (CBet)
April 22, 2015 Opinion or Order Filing 36 SCHEDULING ORDER: witness list due 7/31/15; Discovery due by 9/30/2015 Dispositive Motion Cut-off set for 11/1/2015 Final Pretrial Order due 2/2/16; Final Pretrial Conference set for 2/9/2016 02:00 PM before District Judge Nancy G. Edmunds Trailing Trial Docket set for 4/5/2016 Length of Trial: (jury) 1 week. Signed by District Judge Nancy G. Edmunds. (Refer to image for additional dates) (CBet)
April 22, 2015 Minute Entry for proceedings before District Judge Nancy G. Edmunds: Scheduling Conference held on 4/22/2015 (CBet)
April 21, 2015 Filing 35 ATTORNEY APPEARANCE: William B. Forrest appearing on behalf of Ford Motor Company (Forrest, William)
April 14, 2015 Filing 34 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Baumhart, Julia)
April 13, 2015 Filing 33 NOTICE TO APPEAR: Scheduling Conference RESET for 4/22/2015 03:00 PM before District Judge Nancy G. Edmunds (CBet)
February 13, 2015 Filing 32 NOTICE TO APPEAR: Scheduling Conference set for 4/22/2015 11:00 AM before District Judge Nancy G. Edmunds (CBet)
January 26, 2015 Filing 31 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Ford Motor Company (Johnson, Thomas)
January 26, 2015 Filing 30 ANSWER to Amended Complaint with Affirmative Defenses by Ford Motor Company. (Johnson, Thomas)
January 10, 2015 Opinion or Order Filing 29 ORDER denying #25 defendant's Motion to Dismiss Plaintiff's amended complaint. Signed by District Judge Nancy G. Edmunds. (CBet)
January 7, 2015 Minute Entry for proceedings before District Judge Nancy G. Edmunds: Motion Hearing held on 1/7/2015 re #25 MOTION to Dismiss filed by Ford Motor Company Disposition: taken under advisement(Court Reporter Suzanne Jacques) (CBet)
December 8, 2014 Filing 28 REPLY to Response re #25 MOTION to Dismiss filed by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Unpublished Cases) (Baumhart, Julia)
November 21, 2014 Filing 27 RESPONSE to #25 MOTION to Dismiss filed by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7) (Davidson, Syeda)
November 4, 2014 Filing 26 NOTICE OF HEARING on #25 MOTION to Dismiss . Motion Hearing set for 1/7/2015 02:00 PM before District Judge Nancy G. Edmunds (CBet)
October 31, 2014 Filing 25 MOTION to Dismiss by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A - April 29, 2008 notification letter, #3 Exhibit B - Disability Medical Leave Policy, #4 Exhibit C - Documentation of return to work date, #5 Exhibit D - Dietelbach v Ohio Edison, #6 Exhibit E - Wofford v Middletown Tube Works, #7 Exhibit F - Wilson v Cleveland Clinic) (Baumhart, Julia)
October 17, 2014 TEXT-ONLY NOTICE: Hearing on 11/12/14 is Cancelled re: Ford's Mtn to Dismiss (CBet)
October 16, 2014 Filing 24 NOTICE by Ford Motor Company of withdrawal of #18 MOTION to Dismiss (Docket No. 18). (Baumhart, Julia)
October 15, 2014 Opinion or Order Filing 23 STIPULATION AND ORDER dismissing counts II & III of plaintiff's complaint (as to deft Ford) Signed by District Judge Nancy G. Edmunds. (CBet)
October 15, 2014 Opinion or Order Filing 22 STIPULATION AND ORDER dismissing deft Xerox HR Solutions, LLC w/out prejudice and w/out costs. Signed by District Judge Nancy G. Edmunds. (CBet)
October 15, 2014 TEXT-ONLY NOTICE: Hearing on 11/12/14 is Cancelled as to Xerox mtn to dismiss (#16) only. (CBet)
October 14, 2014 Filing 21 AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against Ford Motor Company. NO NEW PARTIES ADDED. (Davidson, Syeda)
October 2, 2014 Filing 20 NOTICE by Xerox HR Solutions, LLC re #16 MOTION to Dismiss of Filing Supplemental Exhibit (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - General Retirement Plan Issues: February 1, 2013) (Battersby, Colin)
September 29, 2014 Filing 19 NOTICE OF HEARING on #18 MOTION to Dismiss . Motion Hearing set for 11/12/2014 02:00 PM before District Judge Nancy G. Edmunds (CBet)
September 26, 2014 Filing 18 MOTION to Dismiss by Ford Motor Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A -- EEOC Charge, #3 Exhibit B -- General Retirement Plan Provisions) (Johnson, Thomas)
September 23, 2014 Filing 17 NOTICE OF HEARING on #16 MOTION to Dismiss . Motion Hearing set for 11/12/2014 02:00 PM before District Judge Nancy G. Edmunds (CBet)
September 22, 2014 Filing 16 MOTION to Dismiss by Xerox HR Solutions, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Retirement Benefits) (Battersby, Colin)
September 17, 2014 Filing 15 NOTICE of Appearance by Jason C. Schwartz on behalf of Ford Motor Company. (Schwartz, Jason)
September 17, 2014 Filing 14 NOTICE of Appearance by Thomas M. Johnson, Jr on behalf of Ford Motor Company. (Johnson, Thomas)
September 10, 2014 Opinion or Order Filing 13 STIPULATION AND ORDER extending time to 9/26/14 for deft Ford Motor Co. to plead. Signed by District Judge Nancy G. Edmunds. (CBet)
September 10, 2014 Filing 12 NOTICE of Appearance by Julia T. Baumhart on behalf of Ford Motor Company. (Baumhart, Julia)
September 8, 2014 Filing 11 NOTICE of Appearance by Brian M. Schwartz on behalf of Xerox HR Solutions, LLC. (Schwartz, Brian)
September 8, 2014 Opinion or Order Filing 10 ORDER re #8 Stipulation filed by Xerox HR Solutions, LLC extending time for defendant to plead by 9/22/14. Signed by District Judge Nancy G. Edmunds. (CBet)
September 8, 2014 Filing 9 NOTICE of Appearance by Michael P. Coakley on behalf of Xerox HR Solutions, LLC. (Coakley, Michael)
September 8, 2014 Filing 8 STIPULATION to Extend Time for Defendant Xerox HR Solutions, LLC to Answer or Otherwise Respond to Complaint by Xerox HR Solutions, LLC (Battersby, Colin)
September 8, 2014 Filing 7 NOTICE of Appearance by Colin M. Battersby on behalf of Xerox HR Solutions, LLC. (Battersby, Colin)
September 3, 2014 Filing 6 CERTIFICATE of Service/Summons Returned Executed. Xerox HR Solutions, LLC served on 8/18/2014, answer due 9/8/2014. (Davidson, Syeda)
September 3, 2014 Filing 5 CERTIFICATE of Service/Summons Returned Executed. Ford Motor Company served on 8/22/2014, answer due 9/12/2014. (Davidson, Syeda)
August 14, 2014 Filing 4 NOTICE of Appearance by Joseph A. Golden on behalf of All Plaintiffs. (Golden, Joseph)
August 12, 2014 Filing 3 SUMMONS Issued for *Xerox HR Solutions, LLC* (KKra)
August 12, 2014 Filing 2 SUMMONS Issued for *Ford Motor Company* (KKra)
August 12, 2014 Filing 1 COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-4770440 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Davidson, Syeda)
August 12, 2014 A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (KKra)

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Plaintiff: Ross Miller
Represented By: Joseph A. Golden
Represented By: Syeda F. Davidson
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Defendant: Ford Motor Company
Represented By: Jason C. Schwartz
Represented By: Thomas M. Johnson, Jr.
Represented By: Julia T. Baumhart
Represented By: William B. Forrest
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Defendant: Xerox HR Solutions, LLC
Represented By: Michael P. Coakley
Represented By: Brian M. Schwartz
Represented By: Colin M. Battersby
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