ACEVEDO v. FLUOR ENTERPRISES, INC.
Plaintiff: LUCIANO ACEVEDO
Defendant: FLUOR ENTERPRISES, INC.
Case Number: 1:2014cv02052
Filed: April 1, 2014
Court: US District Court for the District of New Jersey
Office: Camden Office
County: Atlantic
Presiding Judge: Ann Marie Donio
Referring Judge: Noel L Hillman
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 1981
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 9, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2016 Opinion or Order Filing 63 ORDER denying #50 defendant's MOTION for Attorney Fees and Reimbursement of Expenses; granting #52 Motion to Seal Document; Clerk of the Court shall re-close the file. Signed by Judge Noel L. Hillman on 11/9/2016. (tf, )
November 9, 2016 Filing 62 OPINION. Signed by Judge Noel L. Hillman on 11/9/2016. (tf, )
November 9, 2016 ***Civil Case Terminated. (tf, )
June 10, 2016 Filing 61 Notice to be terminated and withdraw from Notices of Electronic filing as to case. (FERDMAN, FANNY)
June 10, 2016 Filing 60 REPLY BRIEF to Opposition to Motion filed by FLUOR ENTERPRISES, INC. re #50 MOTION for Attorney Fees and Reimbursement of Expenses (FERDMAN, FANNY)
May 27, 2016 Filing 59 MEMORANDUM in Opposition filed by LUCIANO ACEVEDO re #50 MOTION for Attorney Fees and Reimbursement of Expenses (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(LEDVA, STEPHEN)
May 27, 2016 Opinion or Order Filing 58 TEXT ORDER ORDERED that defendant's reply in support of its motion for attorneys' fees and costs shall be due June 10, 2016. So Ordered by Judge Noel L. Hillman on 5/27/2016. (gn)
May 26, 2016 Filing 57 Letter from Fanny A. Ferdman Requesting the Due Date for Defendant Fluor Enterprises, Inc.'s Reply Brief be Set for June 10, 2016 re 56 Order. (FERDMAN, FANNY)
May 26, 2016 Opinion or Order Filing 56 TEXT ORDER Ordered plaintiff's letter request #55 is GRANTED. So Ordered by Judge Noel L. Hillman on 5/26/16. (dd, )
May 25, 2016 Filing 55 Letter from Stephen Ledva, Jr.. (LEDVA, STEPHEN)
April 29, 2016 Opinion or Order Filing 54 TEXT ORDER ORDERED that plaintiff's request #53 to file a response to defendants' motion for costs by May 26, 2016 is GRANTED. So Ordered by Judge Noel L. Hillman on 4/29/2016. (gn)
April 28, 2016 Filing 53 Letter from Stephen Ledva, Jr.. (LEDVA, STEPHEN)
April 21, 2016 Filing 52 MOTION to Seal Document #51 Exhibit (to Document) by FLUOR ENTERPRISES, INC.. (Attachments: #1 Brief, #2 Text of Proposed Order)(FERDMAN, FANNY)
April 21, 2016 Filing 51 Exhibit to #50 Motion for Attorney Fees,,,,, by FLUOR ENTERPRISES, INC.. (FERDMAN, FANNY)
April 21, 2016 Set/Reset Deadlines as to #52 MOTION to Seal Document #51 Exhibit (to Document) , #50 MOTION for Attorney Fees and Reimbursement of Expenses. Motion set for 5/16/2016 before Judge Noel L. Hillman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (TH, )
April 20, 2016 Filing 50 MOTION for Attorney Fees and Reimbursement of Expenses by FLUOR ENTERPRISES, INC.. (Attachments: #1 Brief, #2 Declaration of S. Jeanine Conley, #3 Exhibit A to Conley Declaration - Chart, #4 Exhibit B to Conley Declaration - National Law Journal Billing Survey, #5 Exhibit C to Conley Declaration - Costs, #6 Exhibit D to Conley Declaration - Time Records (Redacted), #7 Declaration of Fanny A. Ferdman, #8 Exhibit A to Ferdman Declaration - Excerpts from Transcript of Plaintiff's February 26, 2015 Deposition, #9 Exhibit B to Ferdman Declaration - Letter Dated September 19, 2014, #10 Exhibit C to Ferdman Declaration - Letter Dated March 18, 2015, #11 Exhibit D to Ferdman Declaration - Letter Dated March 31, 2015, #12 Exhibit E to Ferdman Declaration - EMails, #13 Exhibit F to Ferdman Declaration - Unreported Decision-Ernesto v. Rubin, #14 Exhibit G to Ferdman Declaration - Unreported Decision-Moran v. South Regional, #15 Exhibit H to Ferdman Declaration - Unreported Decision-Patterson v. Cannon, #16 Exhibit I to Ferdman Declaration - Unreported Decision-Wade v. Colaner, #17 Exhibit J to Ferdman Declaration - Unreported Decision-PKF Mark III Inc. v. Found. for Faircontracting, #18 Declaration of Elizabeth M. Schutte, #19 Text of Proposed Order)(FERDMAN, FANNY)
March 16, 2016 Opinion or Order Filing 49 TEXT ORDER ORDERED that pursuant to defendant's letter #48 , defendant's motion for attorneys fees and expenses shall be due Wednesday, April 20, 2016. So Ordered by Judge Noel L. Hillman on 3/16/2016. (gn )
March 15, 2016 Filing 48 Letter from Fanny A. Ferdman to Judge Hillman Requesting an Extension of Time to File Motion for Attorney Fees and Expenses. (FERDMAN, FANNY)
February 19, 2016 Opinion or Order Filing 47 ORDER granting #28 Motion for Summary Judgment; Clerk of the Court shall mark this matter as CLOSED. Signed by Judge Noel L. Hillman on 2/19/2016. (tf, )
February 19, 2016 Filing 46 OPINION. Signed by Judge Noel L. Hillman on 2/19/2016. (tf, )
February 19, 2016 ***Civil Case Terminated. (tf, )
September 18, 2015 Filing 45 REPLY BRIEF to Opposition to Motion filed by FLUOR ENTERPRISES, INC. re #28 MOTION for Summary Judgment (Attachments: #1 Fluor's Response to Plaintiff's Statement of Undisputed Facts, #2 Certificate of Service)(FERDMAN, FANNY)
September 14, 2015 Opinion or Order Filing 44 TEXT ORDER Ordered that defendant's #43 letter request for an extension of time to file its reply in further support of its motion for summary judgment is granted. So Ordered by Judge Noel L. Hillman on 9/14/2015. (gn )
September 11, 2015 Filing 43 Letter from Fanny A. Ferdman Requesting an Extension of Time to File Defendant's Reply Brief in Support of its Motion for Summary Judgment. (FERDMAN, FANNY)
September 9, 2015 Filing 42 Letter. (LEDVA, STEPHEN)
September 9, 2015 CLERK'S QUALITY CONTROL MESSAGE - Stephen Ledva, Jr. has restricted access to the Memorandum in Opposition of Motion & Statement of Material Facts in Opposition to Motion #40 and #41 filed on 9/8/2015 without an order or clarification as to why access was restricted. Please submit a certification stating that this document is to be marked Confidential Material or that this document's access was restricted in error. Please be advised, pursuant to Local Civil Rule 5.3, you must file a motion for leave to have a document sealed. (tf, )
September 8, 2015 Filing 41 STATEMENT of Material Facts in Opposition filed by LUCIANO ACEVEDO re #28 MOTION for Summary Judgment OF DEFENDANT (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(LEDVA, STEPHEN)
September 8, 2015 Filing 40 MEMORANDUM in Opposition filed by LUCIANO ACEVEDO re #28 MOTION for Summary Judgment (LEDVA, STEPHEN)
September 8, 2015 Filing 39 STATEMENT OF UNDISPUTED FACTS BY PLAINTIFF by LUCIANO ACEVEDO. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(LEDVA, STEPHEN)
August 18, 2015 Opinion or Order Filing 38 LETTER ORDER, response to the motion for summary judgment due 9/8/15. Signed by Judge Noel L. Hillman on 8/18/15. (js)
August 18, 2015 Filing 37 Letter from Fanny A. Ferdman in Response to the Letter from Plaintiff's Counsel Dated August 17, 2015. (FERDMAN, FANNY)
August 17, 2015 Filing 36 Letter. (LEDVA, STEPHEN)
August 3, 2015 Set/Reset Deadlines as to #28 MOTION for Summary Judgment . Motion set for 9/8/2015 before Judge Noel L. Hillman. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
July 31, 2015 Filing 35 MEMORANDUM in Support filed by FLUOR ENTERPRISES, INC. re #28 MOTION for Summary Judgment (FERDMAN, FANNY)
July 31, 2015 Filing 34 STATEMENT of Material Fact in Support filed by FLUOR ENTERPRISES, INC. re #28 MOTION for Summary Judgment (FERDMAN, FANNY)
July 31, 2015 Filing 33 AFFIDAVIT in Support filed by FLUOR ENTERPRISES, INC. re #28 MOTION for Summary Judgment / Affidavit of David Bright (FERDMAN, FANNY)
July 31, 2015 Filing 32 AFFIDAVIT in Support filed by FLUOR ENTERPRISES, INC. re #28 MOTION for Summary Judgment / Affidavit of Brian N. Heinen, M.D. (Attachments: #1 Exhibit A - Copy of the Report of Brian Heinen's Medical Review)(FERDMAN, FANNY)
July 31, 2015 Filing 31 AFFIDAVIT in Support filed by FLUOR ENTERPRISES, INC. re #28 MOTION for Summary Judgment /Affidavit of Danny Dorsett (Attachments: #1 Exhibit A - Danny Dorsett signed form as the Collector and the Testor in the area marked Step 3, #2 Exhibit B - A Carbon Copy of Exhibit A)(FERDMAN, FANNY)
July 31, 2015 Filing 30 AFFIDAVIT in Support filed by FLUOR ENTERPRISES, INC. re #28 MOTION for Summary Judgment /Affidavit of Mitchell F. LeBard (Attachments: #1 Exhibit A - 111 pages constituting the "Litigation Package")(FERDMAN, FANNY)
July 31, 2015 Filing 29 AFFIDAVIT in Support filed by FLUOR ENTERPRISES, INC. re #28 MOTION for Summary Judgment / Declaration of Fanny Ferdman (Attachments: #1 Exhibit A - Fluor's Craft Employee Orientation, #2 Exhibit B - Plaintiff's Application to Fluor, #3 Exhibit C - Plaintiff's Resume, #4 Exhibit D - Plaintiff Luciano Acevedo's Amended Complaint, #5 Exhibit E - Fluor's Substance Abuse Policy Statement of Understanding, #6 Exhibit F - Fluor's Zero Tolerance Policy, #7 Exhibit G - Fluor's Substance Abuse Screening Policy, #8 Exhibit H - Fluor's Controlled Substances Policy, #9 Exhibit I - Results from Plaintiff's March 11, 2011 Drug Test, #10 Exhibit J - Results from Plaintiff's May 9, 2011 Drug Test, #11 Exhibit K - Results from Plaintiff's September 4, 2012 Drug Test, #12 Exhibit L - Medtox Laboratories Report dated September 8, 2014, #13 Exhibit M - Medical Review by Dr. Brian N. Heinen M.D., #14 Exhibit N - Results from Plaintiff's Independent September 12, 2014 Drug Test, #15 Exhibit O - Plaintiff's acknowledgement of Fluor's Craft Employee Handbook, #16 Exhibit P - Fluor's Employee HSE Responsibilities signed by Plaintiff, #17 Exhibit Q - Fluor's Code of Conduct and Business Ethics, #18 Exhibit R - Fluor's Discrimination and Open Door Policies, #19 Exhibit S - Plaintiff's medical records from Westside Family Healthcare)(FERDMAN, FANNY)
July 31, 2015 Filing 28 MOTION for Summary Judgment by FLUOR ENTERPRISES, INC.. (FERDMAN, FANNY)
June 2, 2015 Opinion or Order Filing 27 AMENDED SCHEDULING ORDER: Dispositive Motions due by 7/31/2015. Signed by Magistrate Judge Ann Marie Donio on 6/1/2015. (tf, )
June 1, 2015 Minute Entry for proceedings held before Magistrate Judge Ann Marie Donio: Telephone Status Conference held on 6/1/2015. (sb)
February 3, 2015 Opinion or Order Filing 26 AMENDED SCHEDULING ORDER: Telephone Status Conference reset for 6/1/2015 @12:00 PM before Magistrate Judge Ann Marie Donio. Discovery due by 3/31/2015. Disp. Motions due by 7/10/2015. Signed by Magistrate Judge Ann Marie Donio on 2/3/15. (js)
February 3, 2015 Minute Entry for proceedings held before Magistrate Judge Ann Marie Donio: Telephone Status Conference held on 2/3/2015. (sb)
February 2, 2015 Opinion or Order Filing 25 TEXT ORDER: By consent, Telephone Conference RESET to 2/3/2015 at 2:00 PM before Magistrate Judge Ann Marie Donio. Counsel for Defendant shall initiate the telephone call. ORDERED by Magistrate Judge Ann Marie Donio on 2/2/2015. (slc)
January 26, 2015 NOTICE: Due to expected inclement weather, the 1/27/2015 telephone conference shall be, and is hereby, adjourned; to be reset. (slc)
January 23, 2015 Opinion or Order Filing 24 TEXT ORDER: Telephone Conference set for 1/26/2015 at 11:30 AM before Magistrate Judge Ann Marie Donio. Counsel for Defendant shall initiate the telephone call. ORDERED by Magistrate Judge Ann Marie Donio on 1/23/2015. (slc)
January 23, 2015 NOTICE: Telephone conference on 1/26/2015 RESET to 1/27/2015 at 10:15 AM. (slc)
January 21, 2015 Filing 23 Letter from Fanny A. Ferdman to the Honorable Ann Marie Donio re: Discovery Dispute. (Attachments: #1 Exhibit A)(FERDMAN, FANNY)
January 9, 2015 Pro Hac Vice counsel, S. JEANINE CONLEY, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (tf, )
January 8, 2015 Filing 22 Notice of Request by Pro Hac Vice S. Jeanine Conley, Esq. to receive Notices of Electronic Filings. (FERDMAN, FANNY)
January 7, 2015 Minute Entry for proceedings held before Magistrate Judge Ann Marie Donio: Telephone Status Conference held on 1/7/2015. (sb)
January 7, 2015 Opinion or Order Filing 21 TEXT ORDER: Telephone Conference set for 5/1/2015 at 10:00 AM before Magistrate Judge Ann Marie Donio. Counsel for plaintiff shall initiate the telephone call. ORDERED by Magistrate Judge Ann Marie Donio on 1/7/23015. (slc)
October 31, 2014 Filing 20 Substitution of Attorney - Attorney LAURA SCULLY terminated. Attorney FANNY ANN FERDMAN for FLUOR ENTERPRISES, INC. added.. (SCULLY, LAURA)
September 23, 2014 Opinion or Order Filing 19 SCHEDULING ORDER: Telephone Status Conference set for 1/7/2015 @2:00 PM before Magistrate Judge Ann Marie Donio. The time within which to file a motion to amend the pleadings or a motion to join new parties will expire on 10/27/2014. Discovery due by 3/16/2015. Disp. Motions due by 6/26/2015. Signed by Magistrate Judge Ann Marie Donio on 9/23/14. (js)
September 23, 2014 Minute Entry for proceedings held before Magistrate Judge Ann Marie Donio: Initial Scheduling Conference held on 9/23/2014. (sb)
August 8, 2014 Opinion or Order Filing 18 Order Initial Conference set for 9/23/2014 11:30 AM in Room 2010 before Magistrate Judge Ann Marie Donio. Signed by Magistrate Judge Ann Marie Donio on 8/8/2014. (tf, )
August 7, 2014 Filing 17 ANSWER to Amended Complaint by FLUOR ENTERPRISES, INC.. (Attachments: #1 Certificate of Service)(SCULLY, LAURA)
July 21, 2014 Filing 16 AMENDED COMPLAINT against FLUOR ENTERPRISES, INC., filed by LUCIANO ACEVEDO. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(LEDVA, STEPHEN)
July 9, 2014 Opinion or Order Filing 15 ORDERED that Defendant's motion to dismiss #10 is DISMISSED WITHOUT PREJUDICE; and it is further ORDERED that Plaintiff's motion to amend #13 is GRANTED; and it is further ORDERED that Plaintiff shall file the amended complaint within 14 days from entry of this Order. Signed by Magistrate Judge Ann Marie Donio on 7/8/2014. (tf, )
July 7, 2014 Filing 14 Letter from Laura Scully re #13 MOTION for Leave to File Amended Complaint. (SCULLY, LAURA)
June 18, 2014 AMENDED Set Deadlines as to #13 MOTION for Leave to File Amended Complaint. Motion set for 7/21/2014 before Judge Noel L. Hillman. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
June 18, 2014 Set Deadlines as to #13 MOTION for Leave to File Amended Complaint. Motion set for 7/21/2014 before Magistrate Judge Ann Marie Donio. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
June 17, 2014 Filing 13 MOTION for Leave to File Amended Complaint by LUCIANO ACEVEDO. (Attachments: #1 Exhibit A)(LEDVA, STEPHEN)
June 2, 2014 Pro Hac Vice fee received as to S. Jeanine Conley, Esq: $ 150, receipt number TRE044269 (eaj)
May 28, 2014 Opinion or Order Filing 12 ORDER granting #9 Motion for Leave to Appear Pro Hac Vice as to S. Jeanine Conley, Esq. Shall make a payment of $150.00 to the Clerk of the United States District Court. Signed by Magistrate Judge Ann Marie Donio on 5/28/2014. (tf, )
May 28, 2014 Filing 11 Corporate Disclosure Statement by FLUOR ENTERPRISES, INC. identifying Fluor Corporation as Corporate Parent.. (Attachments: #1 Certificate of Service)(SCULLY, LAURA)
May 28, 2014 Set Deadlines as to #10 MOTION to Dismiss the Complaint. Motion set for 6/16/2014 before Judge Noel L. Hillman. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
May 28, 2014 Set Deadlines as to #9 MOTION for Leave to Appear Pro Hac Vice . Motion set for 6/16/2014 before Magistrate Judge Ann Marie Donio. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
May 28, 2014 AMENDED Set Deadlines as to #10 MOTION to Dismiss the Complaint. Motion set for 7/7/2014 before Judge Noel L. Hillman. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
May 28, 2014 AMENDED Set Deadlines as to #9 MOTION for Leave to Appear Pro Hac Vice . Motion set for 7/7/2014 before Magistrate Judge Ann Marie Donio. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )
May 27, 2014 Filing 10 MOTION to Dismiss the Complaint by FLUOR ENTERPRISES, INC.. (Attachments: #1 Defendants Memorandum of Law in Support of Its Motion to Dismiss the Complaint, #2 Declaration of Laura Scully, #3 Exhibit A to Scully Declaration, #4 Exhibit B to Scully Declaration (Redacted), #5 Exhibit C to Scully Declaration (Redacted), #6 Text of Proposed Order, #7 Certificate of Service)(SCULLY, LAURA)
May 27, 2014 Filing 9 MOTION for Leave to Appear Pro Hac Vice by FLUOR ENTERPRISES, INC.. (Attachments: #1 Certification of Laura Scully, #2 Certification of S. Jeanine Conley, #3 Text of Proposed Order, #4 Certificate of Service)(SCULLY, LAURA)
May 22, 2014 Opinion or Order Filing 8 ORDER granting request to extend Defendant's deadline to respond to the Complaint to 5/27/2014. Signed by Magistrate Judge Ann Marie Donio on 5/21/2014. (tf, )
May 21, 2014 Filing 7 Letter from Laura Scully re Deadline to Respond to Complaint. (SCULLY, LAURA)
April 24, 2014 Filing 6 AFFIDAVIT of Service for Civil Action Complaint served on Fluor Enterprises, Inc. on 04/04/2014, filed by LUCIANO ACEVEDO. (LEDVA, STEPHEN)
April 16, 2014 Opinion or Order Filing 5 STIPULATION AND ORDER that Defendant Fluor Enterprises, Inc.'s time in which to answer, move, or otherwise respond to the Complaint is extended to 5/26/2014. Signed by Magistrate Judge Ann Marie Donio on 4/16/2014. (tf, )
April 16, 2014 Filing 4 NOTICE of Appearance by LAURA SCULLY on behalf of FLUOR ENTERPRISES, INC. (Attachments: #1 Certificate of Service)(SCULLY, LAURA)
April 16, 2014 Filing 3 STIPULATION Extending Time to Respond to The Complaint by FLUOR ENTERPRISES, INC.. (SCULLY, LAURA)
April 1, 2014 Filing 2 SUMMONS ISSUED as to FLUOR ENTERPRISES, INC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *Brian D. Kemner* (bdk, )
April 1, 2014 Filing 1 COMPLAINT against FLUOR ENTERPRISES, INC. ( Filing and Admin fee $ 400 receipt number 0312-5599976) with JURY DEMAND, filed by LUCIANO ACEVEDO.(bdk, )

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Defendant: FLUOR ENTERPRISES, INC.
Represented By: LAURA SCULLY
Represented By: FANNY ANN FERDMAN
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Plaintiff: LUCIANO ACEVEDO
Represented By: STEPHEN LEDVA, JR.
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