Brown v. Progress Rail Services Kershaw Division (MAG+)
| Derryle Brown |
| Progress Rail Services Kershaw Division |
| 2:2012cv01010 |
| November 15, 2012 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Lowndes |
| Mark E Fuller |
| Susan Russ Walker |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 7, 2013. A more recent docket listing may be available from PACER.
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Filing 37
FINAL JUDGMENT directing that, pursuant to the #36 Joint Stipulation, it is ORDERED and ADJUDGED that this case is DISMISSED in its entirety with prejudice, each party to bear their own costs and expenses; the Clerk of Court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Judge Mark E. Fuller on 6/7/13. (Attachments: #1 Civil Appeals Checklist)(scn, )
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| Filing 36 STIPULATION of Dismissal Joint by Progress Rail Services Kershaw Division and Derryle Brown. (Phillips, Matthew) Modified on 5/28/2013 TO ADD JOINT FILER PURSUANT TO PDF DOCUMENT (scn, ). |
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Filing 35
ORDER directing that, upon notification by the parties that they have reached a settlement in this matter, and for good cause, it is ORDERED that on or before June 7, 2013, the parties shall file a joint stipulation of dismissal or other appropriate pleadings; further CONSIDERED and ORDERED that all pending motions be and the same are hereby DENIED as moot. Signed by Honorable Judge Susan Russ Walker on 5/23/13. (scn, )
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| Filing 34 NOTICE of PDF Correction re #33 Response in Opposition to Motion to attach missing Exhibit 1. (Attachments: #1 Exhibit 1)(scn, ) |
| Filing 33 RESPONSE in Opposition re #32 MOTION to Compel Discovery Request filed by Progress Rail Services Kershaw Division. (Phillips, Matthew) (Additional attachment(s) added on 5/3/2013: #1 Exhibit 1) (scn, ). |
| Filing 32 MOTION to Compel Discovery Request, by Derryle Brown. (Attachments: #1 Exhibit 1-13)(scn, ) |
| Filing 31 RESPONSE to Defendant Answer to First Amended Complaint, by Derryle Brown. (scn, ) |
| Filing 30 Defendant's First Amended ANSWER to #1 Complaint by Progress Rail Services Kershaw Division. (Attachments: #1 Exhibit)(Bostick, Brian) |
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Filing 29
ORDER granting #27 motion for leave to file first amended answer. Signed by Honorable Judge Susan Russ Walker on 4/18/13. (scn, )
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| Filing 28 RESPONSE in Opposition re #27 MOTION for Leave to File First Amended Answer to Complaint, filed by Derryle Brown. (scn, ) |
| Filing 27 MOTION for Leave to File First Amended Answer to Complaint by Progress Rail Services Kershaw Division. (Attachments: #1 Exhibit Defendant's First Amended Answer to Complaint)(Bostick, Brian) |
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Filing 26
ORDER denying #23 motion for leave to file an amended complaint, as further set out. Signed by Honorable Judge Susan Russ Walker on 4/5/13. (scn, )
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| Filing 25 RESPONSE in Opposition re #23 MOTION for Leave to File Amended Complaint filed by Progress Rail Services Kershaw Division. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Phillips, Matthew) |
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Filing 24
ORDER directing that, upon consideration of plaintiff's #23 motion for leave to amend complaint, it is ORDERED that the defendant may file a response to the motion on or before March 26, 2013. Signed by Honorable Judge Susan Russ Walker on 3/19/13. (scn, )
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| Filing 23 MOTION for Leave to Amend Complaint, by Derryle Brown. (scn, ) |
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Filing 22
ORDER directing that plaintiff's #21 motion for summary judgment on his motion for leave to amend, construed as a motion to strike defendant's response, is DENIED; further ORDERED that plaintiff's #19 Motion for Leave to File Amended Complaint is GRANTED, but only to the extent that the court will allow plaintiff additional time to file a second motion for leave to amend, with a proposed amended complaint; further ORDERED that: (1) plaintiff may file a motion for leave to amend his complaint, on or before March 15, 2013; (2) any such motion must be accompanied by a proposed amended complaint, which must be double-spaced; (3) any such proposed amendment may not incorporate any document or pleading (such as plaintiff's original complaint or the EEOC charges attached to it) but must, instead set forth all of the claims for which plaintiff seeks relief, including any he has previously asserted in this action; (4) each claim within the proposed amendment must be set forth in separate numbered "counts" (e.g., "Count 1," "Count 2," etc.); (5) each count must: (a) specify the name of each defendant that plaintiff contends is liable to him for the claim included within that count; (b) include separate numbered paragraphs including allegations of fact setting forth a short and plain statement of his claim and showing that the plaintiff is entitled to relief against each defendant named; and (c) include a demand for the relief plaintiff seeks for the claimed violation of his rights; further ORDERED that defendant may respond to any motion for leave to amend within ten calendar days after plaintiff files it; further ORDERED that the scheduling order is AMENDED as follows: (1) the dispositive motion and discovery deadlines are extended to May 30, 2013; (2) the deadline for the settlement conference shall run from the new dispositive motion deadline. Signed by Honorable Judge Susan Russ Walker on 2/26/13. (scn, )
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| Filing 21 MOTION for Summary Judgment on #19 Motion for Leave to Amend, by Derryle Brown. (scn, ) |
| Filing 20 RESPONSE to Motion re #19 MOTION for Leave to File filed by Progress Rail Services Kershaw Division. (Phillips, Matthew) |
| Filing 19 MOTION for Leave to File Amended Complaint, by Derryle Brown. (scn, ) |
| Filing 18 NOTICE of Appearance by Matthew Tae Phillips on behalf of Progress Rail Services Kershaw Division (Phillips, Matthew) |
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Filing 17
SCHEDULING ORDER directing as follows: Amended Pleadings due by 02/10/2013; Discovery due by 04/30/2013; Dispositive Motions due by 04/26/2013; Mediation Notice due by 05/15/2013, as further set out. Signed by Honorable Judge Susan Russ Walker on 1/9/13. (scn, )
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| Filing 16 Minute Entry for proceedings held before Honorable Judge Susan Russ Walker: Scheduling Conference held on 1/8/2013 (PDF available for court use only). (Recording Time 3:26 - 3:36.) (jct, ) |
| Filing 15 Return Receipt Card showing service of #13 Order signed by Derryle Brown for Derryle Brown on 12/27/2012. (scn, ) |
| Filing 14 RESPONSE in Opposition (Plaintiffs Answer to Complaint and Motion to Dismiss by Defendant) re #11 Answer to Complaint, by Derryle Brown. (scn, ) |
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Filing 13
ORDER directing that the above-referenced case is set for a scheduling conference on January 8, 2013, at 3:30 p.m., Courtroom 5-B, Frank M. Johnson, Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama; order mailed CMRRR to Plaintiff. Signed by Honorable Judge Susan Russ Walker on 12/17/12. (scn, )
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| Filing 12 Corporate/Conflict Disclosure Statement by Progress Rail Services Kershaw Division. (Bostick, Brian) |
| Filing 11 ANSWER to #1 Complaint by Progress Rail Services Kershaw Division.(Bostick, Brian) |
| Filing 10 Corporate/Conflict Disclosure Statement by Derryle Brown re #7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (scn, ) |
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Filing 9
ORDER denying #8 Motion to Appoint Counsel, as further set out. Signed by Honorable Judge Susan Russ Walker on 11/30/12. (scn, )
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| Filing 8 MOTION for Court Appointed Attorney, by Derryle Brown. (scn, ) |
| Filing 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Derryle Brown. Corporate Disclosures due by 12/7/2012. (Attachments: #1 STANDING ORDER and sample format)(scn, ) |
| Filing 6 Return Receipt Card showing service of #5 Summons and #1 Complaint signed by Susan Ficquett for Progress Rail Services Kershaw Division served on 11/26/2012, answer due 12/17/2012. (scn, ) |
| Filing 5 Summons Issued: Summons and complaint sent by CMRRR as to Progress Rail Services Kershaw Division. (jg, ) |
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Filing 4
ORDER that the #2 motion for leave to proceed in forma pauperis is GRANTED. Signed by Honorable Judge Susan Russ Walker on 11/21/2012. (jg, )
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Filing 3
ORDER REFERRING CASE to Magistrate Judge Honorable Judge Susan Russ Walker for action or recommendation on all pretrial matters. Signed by Honorable Judge Mark E. Fuller on 11/20/2012. (jg, )
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| DEMAND for Trial by Jury by Derryle Brown. See #1 complaint for this docket entry. (No pdf for this entry) (jg, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Derryle Brown. (Attachments: #1 Affidavit)(scn, ) |
| Filing 1 COMPLAINT against Progress Rail Services Kershaw Division, filed by Derryle Brown. (Attachments: #1 Exhibit 1 - EEOC paperwork, #2 Exhibit 2 - EEOC paperwork)(scn, ) |
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| Plaintiff: Derryle Brown | |
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| Defendant: Progress Rail Services Kershaw Division | |
| Represented By: | Matthew Tae Phillips |
| Represented By: | Brian Roberts Bostick |
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