Eaves v. Pyramid Birmingham Campus Management LLC
| Edward Eaves, Jr |
| Pyramid Birmingham Campus Management LLC and Pyramid Birmingham Campus Management LLC doing business as Hilton Birmingham at UAB |
| 2:2019cv00024 |
| January 4, 2019 |
| US District Court for the Northern District of Alabama |
| R David Proctor |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 14, 2019. A more recent docket listing may be available from PACER.
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Filing 48
ORDER OF DISMISSAL - in accordance with the stipulation of the parties, this action is DISMISSED with prejudice; the parties are to bear their own costs, expenses and attorney's fees. Signed by Judge R David Proctor on 6/14/2019. (KAM)
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| Filing 47 STIPULATION of Dismissal With Prejudice by Pyramid Birmingham Campus Management LLC. filed by Pyramid Birmingham Campus Management LLC (Attachments: #1 Exhibit A)(Lightfoot, Warren) |
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Filing 46
ORDER This case is before the court on Defendants Response to Court Order informing the court that the parties have resolved their differences regarding the settlement agreement; the settlement hearing scheduled for June 18, 2019 at 1:00 p.m. is CANCELLED. Signed by Judge R David Proctor on 6/13/2019. (KAM)
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| Filing 45 RESPONSE to Court Order filed by Pyramid Birmingham Campus Management LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lightfoot, Warren) |
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Filing 44
ORDER re #43 MOTION for Review of Settlement Agreement filed by Edward Eaves, Jr. A Hearing is hereby set for Tuesday, June 18, 2019, at 1:00 p.m., in Courtroom 7A of the Hugo L. Black Courthouse, 1729 Fifth Avenue North, Birmingham, Alabama. All parties and counsel who were involved in the negotiation of the Settlement Agreement, including Plaintiff Edward Eaves, Jr., SHALL appear in-person at the hearing to testify. Additionally, on or before Monday, June 10, 2019, the parties SHALL each file their respective position statements discussing the circumstances surrounding the negotiation and execution of the Settlement Agreement. Signed by Judge R David Proctor on 6/4/2019. (JLC)
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| Filing 43 MOTION to the Court for Review of Settlement Agreement committed under Bad Faith and Breach of the Parties Stipulated Agreement by Edward Eaves, Jr. (KAM) . |
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Filing 42
ORDER OF DISMISSAL ; The court, having been informed that a settlement has been reached, DISMISSES this case WITHOUT PREJUDICE; parties shall submit a joint stipulation within 60 days. Signed by Judge R David Proctor on 5/13/2019. (KAM)
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| Filing 41 NOTICE by Pyramid Birmingham Campus Management LLC (Notice of Settlement) (Lightfoot, Warren) |
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Filing 40
ORDER denying #38 Motion to reinstate jury demand. Signed by Judge R David Proctor on 5/3/2019. (KAM)
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Filing 39
ORDER #11 MOTION to Compel Arbitration of Plaintiff's Claims and to Dismiss Complaint is DENIED; Scheduling Conference set for 5/15/2019 01:00 PM before Judge R David Proctor. Signed by Judge R David Proctor on 5/3/2019. (KAM)
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| Filing 38 MOTION to reinstate trial by jury by Edward Eaves, Jr. (KAM) |
| Filing 37 MOTION to Schedule Scheduling Conference by Edward Eaves, Jr. (KAM) |
| Filing 36 REPORT of Rule 26(f) Planning Meeting. filed by Edward Eaves, Jr (KAM) |
| Filing 35 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit 1- Emails Between the Parties)(Lightfoot, Warren) |
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Filing 34
ORDER denying #30 Motion for a Status Conference; Once the parties file their Report of the Parties Planning Meeting on the court docket, the court will set the case for a Scheduling Conference. Signed by Judge R David Proctor on 3/21/2019. (KAM)
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| Filing 33 RESPONSE in Opposition re #30 MOTION for a Status Conference filed by Pyramid Birmingham Campus Management LLC. (Lightfoot, Warren) |
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Filing 32
TEXT ORDER-This case is before the court on Defendant's Motion for Pro Hac Vice Admission for Attorney James W. Seegers. #31 . The Motion #31 is GRANTED, and Attorney Seegers is admitted pro hac vice in this case. Signed by Judge R David Proctor on 3/21/2019. (KAM)
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| Filing 31 MOTION for Leave to Appear Pro Hac Vice (James W. Seegers) by Pyramid Birmingham Campus Management LLC. (Lightfoot, Warren) |
| Filing 30 MOTION for a Status Conference by Edward Eaves, Jr. (JLC) |
| PHV Fee paid: $ 50, receipt number 1126-3305055. (Lightfoot, Warren) |
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Filing 29
ORDER denying #28 Motion for a Settlement Conference. Signed by Judge R David Proctor on 3/18/2019. (KAM)
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| Filing 28 MOTION to order the parties to court settlement conference by Edward Eaves, Jr. (KAM) |
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Filing 27
TEXT ORDER-This case is before the court on Defendant's Motions for Pro Hac Vice Admission for Attorneys Kevin W. Shaughnessy #25 and Ashley M. Schachter #26 . The Motions #25 #26 are GRANTED, and Attorneys Shaughnessy and Schachter are admitted pro hac vice in this case. Signed by Judge R David Proctor on 3/13/2019. (KEK)
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| Filing 26 MOTION for Leave to Appear Pro Hac Vice (ASHLEY M. SCHACHTER) by Pyramid Birmingham Campus Management LLC. (Lightfoot, Warren) |
| Filing 25 MOTION for Leave to Appear Pro Hac Vice (KEVIN W. SHAUGHNESSY) by Pyramid Birmingham Campus Management LLC. (Lightfoot, Warren) |
| PHV Fee paid: $ 50, receipt number 1126-3297998. (Lightfoot, Warren) |
| PHV Fee paid: $ 50, receipt number 1126-3297992. (Lightfoot, Warren) |
| Filing 24 SEALED Transcript of Proceedings held on 2/19/2019, before Judge R. David Proctor. Court Reporter/Transcriber Janet Arledge. 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 it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 3/27/2019. Redacted Transcript Deadline set for 4/6/2019. Release of Transcript Restriction set for 6/4/2019. (KAM, ) |
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Filing 23
ORDER granting #22 Motion; On or before March 12, 2019, the parties SHALL conduct the Rule 26(f) Planning Meeting by telephone. The parties SHALL coordinate on a mutually suitable date and time to conduct the phone conference. Signed by Judge R David Proctor on 3/5/2019. (KAM)
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| Filing 22 MOTION Requesting Court Permission to Conduct Rule 26(f) Conference by Telephone and to Extend Deadline to Conduct Rule 26(f) Conference by Pyramid Birmingham Campus Management LLC. (Attachments: #1 Exhibit A - Email Exchange)(Lightfoot, Warren) |
| Filing 21 REPLY to Response to Motion re #11 MOTION to Compel Arbitration of Plaintiff's Claims and to Dismiss Complaint filed by Pyramid Birmingham Campus Management LLC. (Attachments: #1 Exhibit A - Arbitration Agreement, #2 Exhibit B - Composite of Plaintiff's Signed New Hire Paperwork)(Lightfoot, Warren) |
| Filing 20 Opposition to Defendant's motion for telephonic conference to conduct scheduling conference filed by Edward Eaves, Jr. (KAM) |
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Filing 19
ORDER granting #16 Motion to Withdraw demand for jury trial. Signed by Judge R David Proctor on 2/27/2019. (KAM)
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| Filing 18 RESPONSE in Opposition re #11 MOTION to Compel Arbitration of Plaintiff's Claims and to Dismiss Complaint filed by Edward Eaves, Jr. (KAM) |
| Filing 17 AFFIDAVIT filed by Edward Eaves, Jr (KAM) |
| Filing 16 MOTION to Withdraw Jury Demand by Edward Eaves, Jr. (KAM) |
| Filing 15 NOTICE of Change of Address by Edward Eaves, Jr (KAM) |
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Filing 14
TEXT ORDER This case is before the court on Plaintiff's Motion to Withdraw Stay of Proceedings. #13 . Because Plaintiff has elected to proceed on a pro se basis, the Motion #13 is GRANTED. Accordingly, the stay is LIFTED. The parties are also REMINDED to brief the issues raised by the pending Motion to Compel Arbitration #11 in accordance with Exhibit B of the court's Initial Order. #6 . Signed by Judge R David Proctor on 2/21/2019. (KAM)
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| Filing 13 MOTION to withdraw stay of proceedings and proceed pro-se by Edward Eaves, Jr. (KAM) |
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Filing 12
ORDER GRANTING #9 MOTION to Withdraw as Attorney; Attorney Joshua Aaron Wrady terminated; Plaintiff shall inform the court by 4/5/2019 whether he has retained new counsel or intends to proceed pro se'; this case is temporarily STAYED while Plaintiff evaluates his options; As a condition of his withdrawal, Attorney Wrady is DIRECTED to provide (1) Plaintiff Eaves with a copy of this Order and certify to the court that he has done so, and (2) the Clerk of the Court with Plaintiffs phone number and address of record for all further communications; the Court Reporter is DIRECTED to provide a copy of the transcript of the February 19, 2019 hearing to Plaintiff Eaves and Attorney Wrady. Signed by Judge R David Proctor on 2/19/2019. (KAM)
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| Minute Entry for proceedings held before Judge R David Proctor: Motion Hearing held on 2/19/2019 re #9 MOTION to Withdraw as Attorney filed by Edward Eaves, Jr. The court will enter a separate order granting the motion to withdraw and staying the case for 45 days to allow plaintiff time to retain new counsel. (Court Reporter Janet Arledge. TRANSCRIPT OF PROCEEDINGS SEALED) (KLL) |
| Filing 11 MOTION to Compel Arbitration of Plaintiff's Claims and to Dismiss Complaint by Pyramid Birmingham Campus Management LLC. (Lightfoot, Warren) |
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Filing 10
ORDER this case is before the court on #9 Motion to Withdraw; Status Conference set for 2/19/2019 11:00 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge R David Proctor. Plaintiff Eaves SHALL appear for the status conference at the scheduled time; Attorney Wrady is DIRECTED to provide Plaintiff Eaves with a copy of this Order. Signed by Judge R David Proctor on 2/12/2019. (KAM)
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| Filing 9 MOTION to Withdraw as Attorney by Edward Eaves, Jr. (Wrady, Joshua) |
| Filing 8 ***Document Sealed*** (KAM) |
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Filing 7
ORDER - The court has received documents from Plaintiff Edward Eaves, Jr. containing, in part, confidential communications related to this action and his representation; As it is unclear whether Plaintiffs counsel is aware that he has submitted these documents, the Clerk of Court is DIRECTED to place the documents under seal. Further, the Clerk of Court is DIRECTED to provide Plaintiffs counsel with a copy of this Order as well as the documents placed under seal. Signed by Judge R David Proctor on 2/6/2019. (KAM)
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Filing 6
INITIAL ORDER. Signed by Judge R David Proctor on 2/4/2019. (KAM)
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Filing 5
TEXT ORDER-This case is before the court on Defendant's Motion for Extension of Time to Respond to the Complaint. #4 . The Motion #4 is GRANTED. Defendant SHALL respond to Plaintiff's Complaint on or before February 14, 2019. Additionally, the court has been made aware that Plaintiff's counsel has experienced communication issues with Defendant's out-of-town counsel that led to his initial opposition of the Motion. Although counsel has since retracted his opposition, the court encourages prompt and respectful communication between all parties. Signed by Judge R David Proctor on 1/31/2019. (KAM)
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| Filing 4 MOTION for Extension of Time to Respond to The Complaint (and Incorporated Memorandum of Law) by Pyramid Birmingham Campus Management LLC. (Lightfoot, Warren) |
| Reset Deadlines: Pyramid Birmingham Campus Management LLC answer due 2/14/2019. (KAM) |
| Filing 3 SUMMONS Returned Executed by Edward Eaves, Jr. Pyramid Birmingham Campus Management LLC served on 1/10/2019, answer due 1/31/2019. (Michel, Anthony) |
| Filing 2 Summons Issued as to Pyramid Birmingham Campus Management LLC. delivered to plaintiff for service (KAM) |
| Filing Fee: Filing fee $ 400, receipt_number 1126-3249171. related document #1 COMPLAINT against Pyramid Birmingham Campus Management LLC, filed by Edward Eaves, Jr. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(KAM). (Michel, Anthony) |
| Filing 1 COMPLAINT against Pyramid Birmingham Campus Management LLC, filed by Edward Eaves, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(KAM) |
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