Francis v. Davis H. Elliot Company, Inc. et al
Plaintiff: Earnest Francis, Jr
Defendant: Davis H Elliot Company Inc, Clyde Allen Legg, Brian Sarrett, Mark Allen Baker and Davis H Elliot Construction Company Inc
Case Number: 3:2012cv00087
Filed: March 22, 2012
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MONTGOMERY
Presiding Judge: Walter H Rice
Nature of Suit: Employment
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 30, 2014 Opinion or Order Filing 51 ORDER - AOProcessing/ "Case settled with final dismissal papers due within 30 days." Signed by Judge Walter H Rice on 01/29/14. (pb1)
January 21, 2014 Opinion or Order Filing 50 DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART PLAINTIFF EARNEST FRANCIS, JR.'S MOTION IN LIMINE (DOC. # 45 ). Signed by Judge Walter H Rice on 1/21/2014. (jdf1)
August 13, 2013 Opinion or Order Filing 43 ENTRY RESETTING TRIAL AND OTHER DATES - For good cause shown (to allow the Court to rule on Plaintiffs Motion for Reconsideration (Doc. 38 ), with regard to the Court's previous order on the Defendant's Motion for Summary Judgment (Doc. [3 7]), trial upon the merits of the captioned cause, heretofore setfor May 17, 2013, is ordered reset to January 27, 2014, before a duly impaneled jury. The final pretrial conference will be held, by conference call telephone communication, on Tuesday, January 14, 2014, at 5:00 p.m., with the jointly prepared final pretrial order filed not later than the close of business on Tuesday, January 7, 2014. All pretrial motions, motions in limine, motions for view, etc., must be filed not later than the close of business on Monday, December 30, 2013, with all exhibits exchanged, by and between counsel, not later than the close of business on Friday, January 3, 2014. Signed by Judge Walter H Rice on 8/12/13. (kje1)
July 9, 2013 Opinion or Order Filing 42 ORDER denying 38 Motion for Reconsideration. DECISION AND ENTRY OVERRULING PLAINTIFF'S MOTION FOR RECONSIDERATION (DOC. 38 ). Signed by Judge Walter H Rice on 7/9/2013. (kf)
March 11, 2013 Opinion or Order Filing 37 DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. 15 ). For the reasons set forth above, Defendants' Motion for Summary Judgment (Doc. 15 ) is OVERRULED IN PART and SUSTAINED IN PAR T. Having found no genuine issue of material fact with respect to Francis's claims of race discrimination and retaliation, the Court SUSTAINS Defendants' motion on those claims and DISMISSES them WITH PREJUDICE. As to Francis's hostile work environment claim against DHE Construction and DHE, the Court: ( 1) SUSTAINS Defendants' motion with respect to the claims of harassment by supervisor Clyde Legg; and (2) OVERRULES Defendants' motion with respect to the claims of cowo rker harassment. As to Francis's hostile work environment claim against the individual defendants, the Court: (1) OVERRULES Defendants' motion with respect to Clyde Legg and Mark Baker; and (2) SUSTAINS Defendants' motion with respect to Brian Sarrett. Signed by Judge Walter H Rice on 3/11/2013. (kf)
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Defendant: Davis H Elliot Company Inc
Represented By: Lisa Amend
Represented By: Gregory Parker Rogers
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Defendant: Clyde Allen Legg
Represented By: Lisa Amend
Represented By: Gregory Parker Rogers
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Defendant: Brian Sarrett
Represented By: Lisa Amend
Represented By: Gregory Parker Rogers
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Defendant: Mark Allen Baker
Represented By: Lisa Amend
Represented By: Gregory Parker Rogers
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Defendant: Davis H Elliot Construction Company Inc
Represented By: Gregory Parker Rogers
Represented By: Lisa Amend
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Plaintiff: Earnest Francis, Jr
Represented By: Marc David Mezibov
Represented By: Susan Mattingly Lawrence
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