Pierce v. Biogen U.S. Corporation
| J.K. Pierce |
| Biogen U.S. Corporation |
| 2:2019cv00743 |
| May 15, 2019 |
| US District Court for the Northern District of Alabama |
| John H England |
| R David Proctor |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 12, 2019. A more recent docket listing may be available from PACER.
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| Filing 43 NOTICE of Appearance by Leslie Allen Coyne on behalf of J.K. Pierce (Coyne, Leslie) |
| Filing 42 NOTICE by J.K. Pierce re #39 Order on Motion for Leave to Appear,, Certification of David K. Watsky (Attachments: #1 Supplement Certificate of Good Standing)(Watsky, David) |
| Filing 41 NOTICE by J.K. Pierce re 38 Order on Motion to Substitute Attorney, Leslie Coyne (Watsky, David) |
Filing 40
INITIAL ORDER - with appendices attached. Signed by Judge R David Proctor on 6/7/2019. (KAM)
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Filing 39
ORDER CONDITIONALLY GRANTED #37 Motion for Leave to Appear PHV by attorney David K. Watsky; by 6/13/2019 counsel shall certify to the court that he has read and understands:(a) any local rules applicable in this District;(b) the Alabama State Bar Code of Professional Courtesy and the Lawyers Creed, which can be accessed at: https://www.alabar.org/membership/code-of-professional-courtesy/, https://www.alabar.org/membership/lawyers-creed/; and(c) this courts CM/ECF requirements; and File a Certificate of Good Standing from the Texas Bar. Signed by Judge R David Proctor on 6/6/2019. (KAM)
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Filing 38
TEXT ORDER This matter is before the court on Plaintiff's Unopposed Motion to Withdraw and Substitute Counsel #36 . The motion #36 is GRANTED. Attorney Paul H. Merry is granted leave to withdraw, and Attorney Leslie Coyne is substituted in his place as local counsel. This order shall be effective as soon as Leslie Coyne enters a notice of appearance on behalf of Plaintiff. Signed by Judge R David Proctor on 6/6/2019. (KAM)
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| Filing 37 MOTION for Leave to Appear Pro Hac Vice by J.K. Pierce. (Watsky, David) |
| Filing 36 MOTION to Substitute Attorney by J.K. Pierce. (Watsky, David) |
| PHV Fee paid: $ 75, receipt number 1126-3362311. (Watsky, David) |
| Filing 35 NOTICE OF REASSIGNMENT Case Reassigned to Judge R David Proctor. Magistrate Judge John H England, III no longer assigned to the case. Please use case number 2:19-cv-00743-RDP for all subsequent pleadings. (AFS) |
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Filing 34
TEXT ORDER - The Court ordered the parties to submit consent forms declaring whether they consent or decline dispositive jurisdiction by a magistrate judge on or before June 3, 2019. (Doc. #31 ) Fewer than all parties have submitted forms. The parties are REQUIRED to submit forms by Monday, June 3, 2019. Signed by Magistrate Judge John H England, III on 5/30/2019. (AVC)
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| Filing 33 Defendant's ANSWER to Complaint and Jury Demand by Biogen U.S. Corporation.(Ward, Kimberly) |
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Filing 32
TEXT ORDER: Plaintiff's counsel are reminded that pursuant to Local Rule 83.1, they will need to be admitted to the bar of this court or move to appear pro hac vice. Signed by Magistrate Judge John H. England, III on 5/23/2019. (CDG)
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| Minute Entry for proceedings held before Magistrate Judge John H England, III: Telephone Conference held on 5/23/2019; Counsel for pltf failed to call-in; Attorney K. Ward present by phone for dft; consent procedure discussed; conf. adj. (AVC) |
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Filing 31
ORDER that the parties are reminded that this case will be reassigned to a district judge after 6/3/2019 unless they unanimously consent to the jurisdiction of the undersigned magistrate; Telephone Conference set for 5/23/2019 11:30 PM before Magistrate Judge John H England III; parties call as directed; if all parties submit an executed consent before 5/23/2019, the telephone conference will be cancelled. Signed by Magistrate Judge John H England, III on 5/15/2019. (KAM)
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Filing 30
TEXT ORDER granting #29 Motion to Substitute Attorney. Attorney Jonathan R. Shank terminated. Signed by Magistrate Judge John H. England, III on 5/16/2019. (CDG)
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| Filing 29 Unopposed MOTION to Substitute Attorney (Motion to Withdraw and Substitute Counsel) Motion is RIPE 5/16/2019. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Biogen U.S. Corporation. (Baker, Tammy) |
| Filing 28 NOTICE REGARDING CONSENT of a magistrate judge in a civil action. (KEK) |
| Filing 27 Case transferred in from District of Massachusetts; Case Number 1:18-cv-12510. Original file certified copy of transfer order and docket sheet received. |
| Filing 26 Case Electronically transferred to the Northern District of Alabama pursuant to the Memorandum and Order entered on 5/14/2019. (McKillop, Matthew) [Transferred from Massachusetts on 5/15/2019.] |
| Filing 25 Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER. The Court DENIES the motion to dismiss Count II, D. 11, and ALLOWS the motion to transfer, D. 9, to the United States District Court for the Northern Districtof Alabama.(McKillop, Matthew)[Transferred from Massachusetts on 5/15/2019.] (KEK, ). |
| Filing 24 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 3/13/2019. Arguments. Court takes under advisement #9 Motion to Transfer Case; takes under advisement #11 Motion to Dismiss for Failure to State a Claim. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: David Watsky for the plaintiff. Jonathan Shank for the defendant.) (Hourihan, Lisa) [Transferred from Massachusetts on 5/15/2019.] |
| Filing 23 REPLY to Response to #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count II of Plaintiff's Complaint filed by Biogen U.S. Corporation. (Attachments: # 1 Exhibit EEOC charges)(Shank, Jonathan)[Transferred from Massachusetts on 5/15/2019.] (KEK, ). |
| Filing 22 REPLY to Response to #9 MOTION to Transfer Case to Northern District of Alabama. filed by Biogen U.S. Corporation. (Shank, Jonathan) [Transferred from Massachusetts on 5/15/2019.] (KEK, ). |
| Filing 21 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #19 Motion for Leave to File Reply In Support Of Motion To Transfer Venue by Biogen U.S. Corporation; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) [Transferred from Massachusetts on 5/15/2019.] |
| Filing 20 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #18 Motion for Leave to File Reply In Support Of Motion To Dismiss Count II Of Plaintiffs Complaint by Biogen U.S. Corporation; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) [Transferred from Massachusetts on 5/15/2019.] |
| Filing 19 MOTION for Leave to File Reply In Support Of Motion To Transfer Venue by Biogen U.S. Corporation. (Attachments: # 1 Exhibit proposed reply)(Shank, Jonathan) [Transferred from Massachusetts on 5/15/2019.] (KEK, ). |
| Filing 18 MOTION for Leave to File Reply In Support Of Motion To Dismiss Count II Of Plaintiffs Complaint by Biogen U.S. Corporation. (Attachments: # 1 Exhibit proposed reply motion)(Shank, Jonathan) [Transferred from Massachusetts on 5/15/2019.] (KEK, ). |
| Filing 17 ELECTRONIC NOTICE Setting Hearing on Motion #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count II of Plaintiff's Complaint, #9 MOTION to Transfer Case to Northern District of Alabama. : Motion Hearing set for 3/13/2019 02:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) [Transferred from Massachusetts on 5/15/2019.] |
| Filing 16 MEMORANDUM in Opposition re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count II of Plaintiff's Complaint filed by J.K. Pierce. (Watsky, David) [Transferred from Massachusetts on 5/15/2019.] (KEK, ). |
| Filing 15 MEMORANDUM in Opposition re #9 MOTION to Transfer Case to Northern District of Alabama. filed by J.K. Pierce. (Attachments: # 1 Exhibit Pierce Declaration)(Watsky, David) [Transferred from Massachusetts on 5/15/2019.] (KEK, ). |
| Filing 14 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #13 Motion for Extension of Time to File Response/Reply re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count II of Plaintiff's Complaint, #9 MOTION to Transfer Case to Northern District of Alabama. Responses due by 2/15/2019 (Hourihan, Lisa) [Transferred from Massachusetts on 5/15/2019.] |
| Filing 13 MOTION for Extension of Time to 02/15/2019 to File Response/Reply as to #9 MOTION to Transfer Case to Northern District of Alabama., #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count II of Plaintiff's Complaint by J.K. Pierce. (Attachments: # 1 Text of Proposed Order Proposed Order)(Watsky, David) [Transferred from Massachusetts on 5/15/2019.] (KEK, ). |
| Filing 12 MEMORANDUM in Support re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count II of Plaintiff's Complaint filed by Biogen U.S. Corporation. (Shank, Jonathan) [Transferred from Massachusetts on 5/15/2019.] (KEK, ). |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count II of Plaintiff's Complaint by Biogen U.S. Corporation.(Shank, Jonathan) [Transferred from Massachusetts on 5/15/2019.] (KEK, ). |
| Filing 10 MEMORANDUM in Support re #9 MOTION to Transfer Case to Northern District of Alabama. filed by Biogen U.S. Corporation. (Attachments: # 1 Declaration of Keri Palacio)(Shank, Jonathan)[Transferred from Massachusetts on 5/15/2019.] (KEK, ). |
| Filing 9 MOTION to Transfer Case to Northern District of Alabama. by Biogen U.S. Corporation.(Shank, Jonathan) [Transferred from Massachusetts on 5/15/2019.] (KEK, ). |
| Filing 8 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #7 Motion for Extension of Time to File Response to Complaint to 1/16/19 (Hourihan, Lisa) [Transferred from Massachusetts on 5/15/2019.] |
| Filing 7 Assented to MOTION for Extension of Time to 1/16/19 to File Response to Complaint by Biogen U.S. Corporation.(Shank, Jonathan) [Transferred from Massachusetts on 5/15/2019.] (KEK, ). |
| Filing 6 SUMMONS Returned Executed Biogen U.S. Corporation served on 12/12/2018, answer due 1/2/2019. (Watsky, David) [Transferred from Massachusetts on 5/15/2019.] (KEK, ). |
| Filing 5 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #4 Motion for Leave to Appear Pro Hac Vice Added David K. Watsky. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McKillop, Matthew) [Transferred from Massachusetts on 5/15/2019.] |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice for admission of David K. Watsky Filing fee: $ 100, receipt number 0101-7452969 by J.K. Pierce. (Attachments: # 1 Certification of David K. Watsky)(Merry, Paul)[Transferred from Massachusetts on 5/15/2019.] (KEK, ). |
| Filing 3 Summons Issued as to Biogen U.S. Corporation. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (DeMaria, Timothy) [Transferred from Massachusetts on 5/15/2019.] (KEK, ). |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Danieli, Chris) [Transferred from Massachusetts on 5/15/2019.] |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-7443821 (Fee Status: Filing Fee paid), filed by J.K. Pierce. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Category form)(Merry, Paul)[Transferred from Massachusetts on 5/15/2019.] (KEK, ). |
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