Carter v. Zaxby's River Region Payroll, LLC
| Tiffany Carter |
| Zaxby's River Region Payroll, LLC |
| 2:2023cv00225 |
| April 19, 2023 |
| US District Court for the Middle District of Alabama |
| Chad W Bryan |
| Myron H Thompson |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| None |
Docket Report
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This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.
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Filing 16
ORDER AND PRO AMI JUDGMENT: For the reasons discussed in the court's memorandum opinion in the instant case, it is the ORDER, JUDGMENT and DECREE of the court that: (1) The joint petition for pro ami hearing and settlement approval (Doc. #1 ) is denied in part, to the extent, it seeks a pro ami hearing (for the parties and the court agreed affidavits could be considered in lieu of a hearing); and it is granted in part, to the degree it seeks approval of the proposed settlement agreement (subject to changes by the court). Thus, the proposed settlement agreement (Doc. #13 -3 at 4-11) is approved with the modifications set forth in this opinion. (2) Defendant Zaxby's River Region Payroll, LLC, shall pay, and plaintiff Tiffany Carter, as mother and next friend of T.C., a minor, agrees to accept on T.C.'s behalf, the total sum set forth in the parties' settlement agreement and release (Doc. #13 -3 at 4-11) as an absolute and full compromise settlement of all claims asserted, including for attorneys' fees and costs of any accrued during legal representation commencing with the administrative proceedings before the EEOC and continuing through consummation of the settlement agreement ending this litigation. (3) Upon receipt by all payees of the full sum provided for in the settlement agreement and release (Doc. #13 -3 at 4-11), plaintiff Carter, as mother and next friend of T.C., a minor, shall file with the court, by no later than 6/30/2023, a notice of satisfaction of the pro ami judgment confirming both (i) the satisfaction of payment as described in the settlement agreement and (ii) that the case can be dismissed, which the court will construe as a motion to dismiss and terminate with prejudice as to all parties. It is further ORDERED that, pursuant to the agreement of the parties, which this court has approved, no costs are taxed. This case is not closed, and the court retains jurisdiction to resolve any issues regarding the settlement. Signed by Honorable Judge Myron H. Thompson on 5/19/2023. (dmn, )
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Filing 15
OPINION as further set out in the order. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 5/19/2023. (dmn, )
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Filing 14
TEXT ORDER granting #2 Joint Motion for Leave to File Confidential Settlement Agreement Under Seal. Signed by Honorable Judge Myron H. Thompson on 5/19/2023. (dmn, ) (no pdf)
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Filing 13
NOTICE OF FILING Declarations Under Seal pursuant to telephone conference. (Attachments: #1 Proposed Order and Pro Ami Judgment, #2 Declaration of T. C., #3 Declaration of Tiffany Carter)(dmn, ) Modified on 5/18/2023 to unseal notice; only the attachments are sealed. (dmn, )
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COMPLAINT against Zaxby's River Region Payroll, LLC, filed by Tiffany Carter; 90 day Rule 4m deadline set for 8/14/2023. (NO PDF - See doc #11 , which was incorrectly filed as an Amended Complaint)(am, )
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Filing 11
AMENDED COMPLAINT First Complaint against All Defendants, filed by Tiffany Carter.(Camp, Robert)
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Filing 12
Minute Entry for Telephone Conference held before Honorable Judge Myron H. Thompson held on 5/16/2023 (PDF available for court use only). (Court Reporter Risa Entreken, (334) 531-0686, risa_entrekin@almd.uscourts.gov.) (cb, ) Modified on 5/16/2023 (cb, ).
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Filing 10
TEXT ORDER: setting a Conference call for 5/10/2023 @ 09:00 AM in telephone before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 5/8/2023. (NO PDF attached to this entry) (Furnished: Calendar & all CRDs)(am, )
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Filing 9
Case reassigned to Honorable Judge Myron H. Thompson. Chief Judge Emily C. Marks no longer assigned to the case as Presiding Judge. (dmn, )
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Filing 8
Case reassigned to Chief Judge Emily C. Marks as presiding judge and Magistrate Judge Chad W. Bryan as referral judge; Magistrate Judge Chad W. Bryan no longer assigned to the case as presiding judge. (am, )
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Motions No Longer Referred to Magistrate Judge Bryan: #1 MOTION for Hearing MOTION for Settlement & #2 MOTION to Seal. (NO PDF attached to this entry) (am, )
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Filing 7
Corporate/Conflict Disclosure Statement by Zaxby's River Region Payroll, LLC re #5 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Armstead, Averie) Modified on 5/2/2023 to add the link to the #5 notice (amf, ).
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Filing 6
ORDER: The parties previously were given notice that this case was randomly assigned to a U. S. Magistrate Judge and that each of them would be given the opportunity to consent or decline with respect to Magistrate Judge jurisdiction. (Doc. #4 ). Accordingly, the parties are hereby DIRECTED to complete and return the appropriate form so that it is received by the Clerk of Court on or before 5/5/2023 as further set out in the order. Signed by Magistrate Judge Chad W. Bryan on 4/21/2023. (dmn, )
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Filing 5
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Zaxby's River Region Payroll, LLC; Corporate Disclosures due by 5/1/2023. (Attachments: #1 Standing Order & Sample)(am, )
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Filing 4
NOTICE of Assignment to Magistrate Judge sent to counsel for Tiffany Carter & Zaxby's River Region Payroll, LLC (am, )
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Filing 3
Conflict Disclosure Statement by Tiffany Carter. (am, )
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Filing 2
Joint MOTION for Leave to File Confidential Settlement Agreement Under Seal by Tiffany Carter, Zaxby's River Region Payroll, LLC. (am, ) (Additional attachment(s) added on 4/20/2023: #1 Proposed SEALED - Confidential Agreement & Release) (am, ).
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Filing 1
Joint PETITION for Pro Ami Hearing and (MOTION for) Settlement Approval by Tiffany Carter & Zaxby's River Region Payroll, LLC. (Attachments: #1 Filing Fee Receipt)(am, ) (Additional attachment(s) added on 4/20/2023: #2 Civil Cover Sheet) (am, ).
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| Plaintiff: Tiffany Carter | |
| Represented By: | Robert Joseph Camp |
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| Defendant: Zaxby's River Region Payroll, LLC | |
| Represented By: | Arnold William Umbach, III |
| Represented By: | Averie Louise Armstead |
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