Brown v. Railcrew Xpress et al
| Geneva Brown |
| John Sears and Railcrew Xpress |
| 2:2020cv01843 |
| November 18, 2020 |
| US District Court for the Northern District of Alabama |
| Anna M Manasco |
| Civil Rights: Jobs |
| 42 U.S.C. § 2003 Job Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 58 STIPULATION of Dismissal (Joint) by Railcrew Xpress. filed by Railcrew Xpress (Paulk, Rachel) |
Filing 57
TEXT ORDER. The Pretrial Conference set for 8/23/2023 at 9:00 AM is RESET for 9/11/2023 at 01:00 PM, CR 5B, Hugo L Black US Courthouse, Birmingham, AL before Judge Anna M Manasco. The Joint Proposed Pretrial Order is now due by 9/4/2023. All other deadlines contained in the Order Setting Pretrial and Trial Deadlines (Doc. #56 ) remain unchanged. Signed by Judge Anna M Manasco on 7/25/2023. (FNC)
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Filing 56
ORDER SETTING TRIAL, PRETRIAL CONFERENCE AND PRETRIAL DEADLINES. Joint Proposed Pretrial Order due by 8/16/2023; Pretrial Conference set for 8/23/2023 at 09:00 AM; Motions in Limine due by 9/15/2023; Motion Hearing set for 10/10/2023 at 09:00 AM; Jury Trial set for 10/23/2023 at 09:00 AM. All hearings will be held in CR 5B before Judge Anna M Manasco, Hugo L Black US Courthouse, Birmingham, AL. Signed by Judge Anna M Manasco on 4/21/2023. ** a copy of this order has been provided to the pro se plff by US Mail, this date, in addition to email.(FNC)
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Filing 55
ORDER DENYING #47 Motion for Summary Judgment; Railcrew failed to establish that there is no genuine dispute of material fact regarding whether Mr. Sears cut Ms. Brown's hours in retaliation for her EEOC charge. Signed by Judge Anna M Manasco on 04/06/2023. (AKD)
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| Filing 54 REPLY to Response to Motion re #47 MOTION for Summary Judgment filed by Railcrew Xpress. (Paulk, Rachel) |
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Filing 53
ORDER-The undersigned RESETS the settlement conference in this action for Wednesday, October 26, 2022, at 9:30 a.m., in his second floor courtroom of the Hugo L. Black Federal Courthouse in Birmingham, Alabama. Signed by Magistrate Judge Herman N Johnson, Jr on 10/04/2022. (AKD)
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Filing 52
ORDER-The undersigned CANCELS the mediation scheduled for Tuesday, October 4, 2022, 9:30 a.m., due to the contraction of COVID by one of the principals to the mediation. The undersigned will reschedule the mediation via a subsequent order. Signed by Magistrate Judge Herman N Johnson, Jr on 10/03/2022. (AKD)
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| Filing 51 Plaintiff's Memorandum in Opposition of the Defendant's #47 MOTION for Summary Judgment filed by Geneva Brown. (AKD) |
| Filing 50 Brief re #47 MOTION for Summary Judgment . (Paulk, Rachel) |
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Filing 49
ORDER-On September 14, 2022, Defendant filed a motion for summary judgment. #47 . The instructions that Plaintiff must follow when preparing her opposition to Defendant's motion for summary judgment begin on page 15 of the Initial Order (Appendix II), #10 , which was entered before Plaintiff's counsel withdrew from the case, see #24 .Plaintiff's opposition to the motion for summary judgment must be filed on or before OCTOBER 5, 2022. Signed by Judge Anna M Manasco on 09/15/2022. (AKD)
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| Filing 48 Evidentiary Material re: #47 MOTION for Summary Judgment . (Attachments: #1 Exhibit A - Deposition of Geneva Brown - Part 1 of 2, #2 Exhibit A - Deposition of Geneva Brown - Part 2)(Paulk, Rachel) |
| Filing 47 MOTION for Summary Judgment by Railcrew Xpress. (Paulk, Rachel) |
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Filing 46
ORDER-The Clerk of Court referred this action to the undersigned for mediation. Therefore, the undersigned SETS a settlement conference for Tuesday, October 4, 2022, at 9:30 a.m., in his second floor courtroom of the Hugo L. Black Federal Courthouse in Birmingham, Alabama. Each party shall provide, in confidence, a settlement memorandum by the close of business on September 27, 2022. Signed by Herman N. Johnson Jr on 08/31/2022. (AKD) Modified on 8/31/2022 (AKD).
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Filing 45
MEDIATION ORDER-Accordingly, the court hereby ORDERS the parties to proceed promptly to mediation and DIRECTS the Clerk of Court to randomly select a magistrate judge to whom this case should be referred for mediation purposes. Mediation is to be completed by October 28, 2022. Within five days following mediation, the mediator will report to the court whether the matter settled in whole or in part or whether the parties' reached an impasse. Signed by Judge Anna M Manasco on 08/29/2022. (AKD)
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| Filing 44 STATUS REPORT and Request for Referral to Magistrate Judge for Settlement Conference by Railcrew Xpress. filed by Railcrew Xpress (Paulk, Rachel) |
| Minute Entry for proceedings held before Judge Anna M Manasco: Status Conference held on 8/8/2022. (FNC) |
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Filing 43
ORDER - The parties are ORDERED to advise the court within TEN (10) DAYS of the August 15, 2022 discovery cutoff whether they have any objections to mediation before the dispositive motion deadline. Signed by Judge Anna M Manasco on 8/8/2022. (KEK)
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| Filing 42 STATUS REPORT by Railcrew Xpress. filed by Railcrew Xpress (Paulk, Rachel) |
| Filing 41 NOTICE of Appearance by Rachel Childers Paulk on behalf of Railcrew Xpress (Paulk, Rachel) |
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Filing 40
SCHEDULING ORDER: Certain deadlines apply as further set out within including: Discovery due August 15, 2022; Dispositive Motions due September 15, 2022; a joint status report is due on or before August 1, 2022; a Status Conference is set for Monday, August 8, 2022 at 10:30 a.m., by Zoom. The court will provide the Zoom information to the parties by e-mail, one week prior to the conference. This case should be trial ready by February 2023. Signed by Judge Anna M Manasco on 4/28/2022. (DNW)
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| Filing 39 STATUS REPORT by Railcrew Xpress. filed by Railcrew Xpress (Attachments: #1 Exhibit A - 04/12/22 Email/Correspondence to Plaintiff)(Weinert, Katherine) |
| Filing 38 STATUS REPORT by Railcrew Xpress. filed by Railcrew Xpress (Weinert, Katherine) |
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Filing 37
ORDER FOR JOINT STATUS REPORT: The court orders the parties to file a joint status report, with proposed dates to move this case forward, on or before April 26, 2022. Signed by Judge Anna M Manasco on 4/7/2022. (DNW)
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Filing 36
ORDER: The motion to dismiss, Doc. #29 , is GRANTED IN PART and DENIED IN PART: Ms. Brown's claims are DISMISSED except for her retaliation claim. The supplemental motions to dismiss, Docs. #31 , #35 , are DENIED, and the application for appointment of counsel, Doc. #34 , is DENIED. Signed by Judge Anna M Manasco on 2/15/2022. (DNW)
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| Filing 35 Supplemental MOTION to Dismiss (Second Supplement) by Railcrew Xpress. (Weinert, Katherine) |
| Filing 34 MOTION for Leave to Proceed in forma pauperis and Appointment of An Attorney by Geneva Brown. (DNW, ) Modified on 11/5/2021 (FNC). |
| Filing 33 RETURN OF SERVICE as to Plaintiff Geneva Brown, re #32 Order to Show Cause, (DNW) |
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Filing 32
ORDER TO SHOW CAUSE- Ms. Brown is ORDERED to file a response to this order and Railcrew's two motions to dismiss on or before November 5, 2021 The Clerk is DIRECTED to mail a copy of this order to the address below via certified mail. Signed by Judge Anna M Manasco on 10/14/21. (MRR, )
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| Set Deadlines as to #29 MOTION to Dismiss , #31 Supplemental MOTION to Dismiss . Responses due by 11/5/2021 (MRR, ) |
| Filing 31 Supplemental MOTION to Dismiss by Railcrew Xpress. (Weinert, Katherine) |
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Filing 30
TEXT ORDER- Plaintiff is ORDERED to file a response to Defendant's motion to dismiss, Doc. #29 (filed 6/30/21), on or before JULY 21, 2021. Any reply by Defendant is due on or before AUGUST 4, 2021. Signed by Judge Anna M Manasco on 7/1/21. (MRR, )
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| Set Deadlines as to #29 MOTION to Dismiss Responses due by 7/21/2021 Replies due by 8/4/2021. (MRR, ) |
| Filing 29 MOTION to Dismiss by Railcrew Xpress. (Weinert, Katherine) |
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Filing 28
TEXT ORDER- Defendant's motion for leave to file a responsive pleading on or before July 3, 2021, is GRANTED. Signed by Judge Anna M Manasco on 6/28/21. (MRR, )
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| Set Deadlines: Railcrew Xpress answer due 7/3/2021. (MRR, ) |
| Filing 27 MOTION to Set Time for Defendant to File Responsive Pleading by Railcrew Xpress. (Weinert, Katherine) |
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Filing 26
TEXT ORDER- Railcrew Xpress LLC's motion to dismiss, Doc. #15 , is DENIED AS MOOT. If Railcrew Xpress LLC wishes to renew any of the arguments in that motion, it must do so in its responsive pleading to the amended complaint, Doc. #25 . Signed by Judge Anna M Manasco on 6/21/21. (MRR, )
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| Filing 25 AMENDED COMPLAINT against Railcrew Xpress, filed by Geneva Brown.(MRR, ) |
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Filing 24
ORDER granting #20 Motion to Withdraw. Ms. Brown is ORDERED to complete the Pro Se 7 form complaint and file it on or before June 7, 2021. Signed by Judge Anna M Manasco on 5/17/21. (MRR, )
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| Filing 23 RESPONSE to #21 Order (Filed pro se) filed by Geneva Brown. (Attachments: #1 Envelope)(MRR, ) |
| Filing 22 RETURN OF SERVICE re #21 Order addressed to Geneva R. Brown (MRR, ) |
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Filing 21
ORDER - This case is before the court on a motion to withdraw by Jacquese Antoinette Gary, counsel for Plaintiff Geneva Brown. Doc. 20. Ms. Brown is ORDERED to inform the court on or before MAY 28, 2021, whether she opposes the motion to withdraw, and if she does not oppose the motion, whether she has made efforts to retain new counsel Signed by Judge Anna M Manasco on 5/3/2021. (KEK)
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| Filing 20 MOTION to Withdraw by Geneva Brown. (Gary, Jacquese) |
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Filing 19
TEXT ORDER- The court construes Plaintiff's filing, Doc. #18 , as a motion for extension of time to file an amended complaint. The motion indicates that Plaintiff's counsel has withdrawn representation, but Plaintiffs counsel has not filed a motion to withdraw in compliance with Local Rule 83.1(e). Plaintiff's counsel stated that Plaintiff "has not received any notices sent over by the undersigned counsel." Plaintiff's counsel did not provide an address at which Plaintiff may be reached. Plaintiff's counsel is ORDERED to file on or before MAY 3, 2021, a motion to withdraw that complies with Local Rule 83.1(e) and lists Plaintiff's current address. The motion for extension of time is GRANTED. The court will set a deadline for Plaintiff to file an amended complaint after ruling on the motion to withdraw. Signed by Judge Anna M Manasco on 4/22/21. (MRR, )
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| Filing 18 RESPONSE to Motion re #15 MOTION to Dismiss filed by Geneva Brown. (Attachments: #1 Exhibit Email)(Gary, Jacquese) |
| Filing 17 REPORT of Rule 26(f) Planning Meeting. (Weinert, Katherine) |
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Filing 16
TEXT ORDER- Plaintiff is ORDERED to show cause on or before APRIL 21, 2021, why Defendant's motion to dismiss, Doc. 15, should not be granted. Signed by Judge Anna M Manasco on 4/8/21. (MRR, )
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| Filing 15 MOTION to Dismiss by Railcrew Xpress. (Weinert, Katherine) |
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Filing 14
ORDER- Pursuant to the Initial Order (Doc #10 ), the Rule 26 meeting is required to be held within 21 days and Rule 26(f) requires a report of the meeting be submitted to the court within 14 days following the meeting. No report has been filed. If the report is not filed on or before Friday, April 16, 2021 counsel for the parties are ORDERED to attend a conference April 19, 2021, in chambers, to deliver the required report. Signed by Judge Anna M Manasco on 4/6/21. (MRR, )
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Filing 13
ORDER- Mr. Sear's motion to dismiss (Doc #8 ) is GRANTED. The complaint is STRICKEN. Amended complaint due by March 23, 2021. See attached order. Signed by Judge Anna M Manasco on 3/9/21. (MRR, )
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| Filing 12 REPLY in Support of His Motion to Dismiss #8 filed by John Sears. (Weinert, Katherine) Modified text on 3/8/2021 (MRR, ). |
| Filing 11 Corporate Disclosure Statement by Railcrew Xpress. filed by Railcrew Xpress (Weinert, Katherine) |
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Filing 10
INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices I, II,& III attached. This order governs all further proceedings in this court. Signed by Judge Anna M Manasco on 2/2/21. (MRR, )
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Filing 9
TEXT ORDER- Any response to Defendant John Sears's motion to dismiss, Doc. #8 , is due on or before FEBRUARY 22, 2021. Any reply is due on or before MARCH 8, 2021. Signed by Judge Anna M Manasco on 2/1/21. (MRR, )
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| Filing 8 MOTION to Dismiss by John Sears. (Weinert, Katherine) |
| Filing 7 ANSWER to #1 Complaint by Railcrew Xpress.(Weinert, Katherine) |
| Set Deadlines as to #8 MOTION Responses due by 2/22/2021 Replies due by 3/8/2021. (MRR, ) |
| Filing 6 Summons Returned Unexecuted (see #4 ) by Geneva Brown as to John Sears. (KEK) |
| Filing 5 SUMMONS Returned Executed by Geneva Brown. Railcrew Xpress served on 1/7/2021, answer due 1/28/2021. (MRR, ) |
| Filing 4 Summons Returned Unexecuted by Geneva Brown as to John Sears. Green card is not signed or dated. (MEB2) |
| Filing 3 Summons Issued as to Railcrew Xpress, John Sears. Mailed certified mail. (MEB2) |
| Filing 2 Request for service by certified mail filed by Geneva Brown. (Gary, Jacquese) |
| Filing Fee: Filing fee $ 400, receipt_number 1126-3721016 (B4601109816). related document #1 COMPLAINT against All Defendants, filed by Geneva Brown.(MRR, ). (Gary, Jacquese) Modified on 11/23/2020 (MRR, ). |
| Filing 1 COMPLAINT against All Defendants, filed by Geneva Brown.(MRR, ) |
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