Stewart v. Board of Trustees for the University of Alabama System, The
Plaintiff: Walter Stewart
Defendant: Board of Trustees for the University of Alabama System, The
Case Number: 2:2022cv00203
Filed: February 16, 2022
Court: US District Court for the Northern District of Alabama
Presiding Judge: R David Proctor
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 2000 e Job Discrimination (Employment)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 28, 2023 Opinion or Order Filing 44 ORDER OF DISMISSAL In accordance with the parties' Partial Stipulation of Dismissal #43 , the court ORDERS that Count II of Plaintiff's Amended Complaint #20 is DISMISSED WITH PREJUDICE. The parties are to bear their own costs, expenses, and attorney's fees as to this claim with respect to this dismissal. Signed by Judge R David Proctor on 9/28/2023. (KAM)
September 28, 2023 Opinion or Order Filing 43 STIPULATION of Dismissal - Partial by Board of Trustees for the University of Alabama System, The. filed by Board of Trustees for the University of Alabama System, The (Harris, Daniel)
June 21, 2023 Opinion or Order Filing 42 TEXT ORDER - This matter is before the court on Plaintiffs Unopposed Motion for 90-Day Enlargement of Discovery Period #41 . The Motion #41 is GRANTED. Accordingly, the Scheduling Order #34 is AMENDED as follows: (1) Discovery must be completed by September 28, 2023; (2) Dispositive motions must be filed by October 30, 2023; and (3) Mediation will take place in October 2023 unless a party objects by September 29, 2023. Signed by Judge R David Proctor on 6/21/2023. (KAM)
June 20, 2023 Opinion or Order Filing 41 First MOTION for Extension of Time to Complete Discovery Unopposed by Walter Stewart. (Cooks, Roderick)
March 13, 2023 Opinion or Order Filing 40 PROTECTIVE ORDER. Signed by Judge R David Proctor on 3/13/2023. (KAM)
March 10, 2023 Opinion or Order Filing 39 Joint MOTION for Protective Order by Board of Trustees for the University of Alabama System, The. (Attachments: #1 Exhibit A - Proposed Protective Order)(Palmer, Lynlee)
December 29, 2022 Opinion or Order Filing 38 ANSWER to #20 Amended Complaint by Board of Trustees for the University of Alabama System, The.(Harris, Daniel)
December 28, 2022 Opinion or Order Filing 37 NOTICE of Appearance by Lynlee Wells Palmer on behalf of Board of Trustees for the University of Alabama System, The (Palmer, Lynlee)
December 27, 2022 Opinion or Order Filing 36 TEXT ORDER - This matter is before the court on Thomas A. Daviss Motion to Withdraw as counsel for Defendant Board of Trustees for the University of Alabama System #35 . The Motion #35 is GRANTED. Attorney Thomas A. Davis is hereby TERMINATED. Signed by Judge R David Proctor on 12/27/2022. (KAM)
December 27, 2022 Opinion or Order Filing 35 MOTION to Withdraw by Board of Trustees for the University of Alabama System, The. (Davis, Thomas) Modified on 12/27/2022 (KAM, ).
December 16, 2022 Opinion or Order Filing 34 SCHEDULING ORDER: certain time limits apply as set out in this order; Discovery due by 6/30/2023. Dispositive Motions due by 7/31/2023. Mediation in July 2023; Pretrial Conference ready in December 2023; Jury trial ready in January 2024. Signed by Judge R David Proctor on 12/16/2022. (KAM)
December 16, 2022 Opinion or Order Filing 33 ORDER for the reasons discussed in the corresponding Memorandum Opinion, Defendant's #21 Partial Motion to Dismiss is GRANTED IN PART and DENIED IN PART; The portion of the motion that requests dismissal of Plaintiffs claims for punitive damages, reinstatement, and front pay is GRANTED. Accordingly, Plaintiff's claims for punitive damages, reinstatement, and front pay are DISMISSED. The portion of the motion that requests dismissal of Count II for failure to state a claim is DENIED.. Signed by Judge R David Proctor on 12/16/2022. (KAM)
December 16, 2022 Opinion or Order Filing 32 MEMORANDUM OPINION. Signed by Judge R David Proctor on 12/16/2022. (KAM)
December 16, 2022 Opinion or Order Minute Entry for proceedings held before Judge R David Proctor: Scheduling Conference held on 12/16/2022. A separate Scheduling Order will be entered by the court. (KLL)
November 28, 2022 Opinion or Order Filing 31 ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE Scheduling Conference set for 12/16/2022 09:00 AM before Judge R David Proctor.. Signed by Judge R David Proctor on 11/28/2022. (KAM)
November 7, 2022 Opinion or Order Filing 30 TEXT ORDER Before the court is Plaintiffs Unopposed Motion for Continuance of Rule 16(b) Scheduling Conference #29 . The Motion #29 is GRANTED. The Rule 16(b) scheduling conference currently set for November 9, 2022 is CONTINUED GENERALLY and will be rescheduled by separate court order. Signed by Judge R David Proctor on 11/7/2022. (KAM)
November 7, 2022 Opinion or Order Filing 29 First MOTION to Continue Unopposed Motion to Continue Rule 16(b) Scheduling Conference by Walter Stewart. (Cooks, Roderick)
October 26, 2022 Opinion or Order Filing 28 ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE Scheduling Conference set for 11/9/2022 01:30 PM before Judge R David Proctor.. Signed by Judge R David Proctor on 10/26/2022. (KAM)
October 17, 2022 Opinion or Order Filing 27 REPLY Brief filed by Defendant Board of Trustees for the University of Alabama System, The re: #21 MOTION to Dismiss - Partial - Plaintiff's Amended Complaint filed by Board of Trustees for the University of Alabama System, The. (Davis, Thomas)
October 11, 2022 Opinion or Order Filing 26 RESPONSE in Opposition re #21 MOTION to Dismiss - Partial - Plaintiff's Amended Complaint filed by Walter Stewart. (Cooks, Roderick)
September 28, 2022 Opinion or Order Filing 25 REPORT of Rule 26(f) Planning Meeting. (Davis, Thomas)
September 19, 2022 Opinion or Order Filing 24 TEXT ORDER - Before the court is Plaintiffs Motion for Twenty-One Day Extension of Time to Respond to Defendants Motion to Dismiss. #23 . The Motion #23 is GRANTED. Plaintiff SHALL respond to Defendants Motion to Dismiss #21 on or before October 10, 2022. Signed by Judge R David Proctor on 9/19/2022. (KAM)
September 19, 2022 Opinion or Order Filing 23 First MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss - Partial - Plaintiff's Amended Complaint Unopposed by Walter Stewart. (Cooks, Roderick)
September 7, 2022 Opinion or Order Filing 22 Limited ANSWER to #20 Amended Complaint by Board of Trustees for the University of Alabama System, The.(Davis, Thomas)
September 7, 2022 Opinion or Order Filing 21 MOTION to Dismiss - Partial - Plaintiff's Amended Complaint by Board of Trustees for the University of Alabama System, The. (Davis, Thomas)
August 24, 2022 Opinion or Order Filing 20 AMENDED COMPLAINT against Walter Stewart, filed by Walter Stewart.(Cooks, Roderick)
August 8, 2022 Opinion or Order Filing 19 ORDER in accordance with the memorandum opinion entered contemporaneously, #5 Defendant's Partial Motion to Dismiss is GRANTED; Plaintiff's 42 U.S.C. 1981 cause of action within Count One is DISMISSED; Any claim for punitive damages is DISMISSED and Any claim for reinstatement or front pay is DISMISSED; on or before August 24, 2022, Plaintiff may replead his disparate impact claim. More particularly, Plaintiff must sufficiently plead the specific facially-neutral policy or practice and the casual connection between the facially-neutral policy and the alleged disparate impact, as explained in the contemporaneous memorandum opinion. Signed by Judge R David Proctor on 8/8/2022. (KAM)
August 8, 2022 Opinion or Order Filing 18 MEMORANDUM OPINION. Signed by Judge R David Proctor on 8/8/2022. (KAM)
July 20, 2022 Opinion or Order Filing 17 REPLY Brief filed by Defendant Board of Trustees for the University of Alabama System, The re: #5 MOTION to Dismiss Plaintiff's Complaint (Partial) filed by Board of Trustees for the University of Alabama System, The. (Davis, Thomas)
July 15, 2022 Opinion or Order Filing 16 RESPONSE in Opposition re #5 MOTION to Dismiss Plaintiff's Complaint (Partial) filed by Walter Stewart. (Cooks, Roderick)
June 30, 2022 Opinion or Order Filing 15 TEXT ORDER - Before the court is Plaintiffs Unopposed Motion for Extension of Time #14 . The Motion #14 is GRANTED. Plaintiff SHALL respond to the motion to dismiss on or before July 15, 2022. Signed by Judge R David Proctor on 6/30/2022. (KAM)
June 29, 2022 Opinion or Order Filing 14 First MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss Plaintiff's Complaint (Partial) Unopposed by Walter Stewart. (Cooks, Roderick)
June 15, 2022 Opinion or Order Filing 13 NOTICE of Appearance by Emily Traylor Vande Lune on behalf of Board of Trustees for the University of Alabama System, The (Vande Lune, Emily)
June 15, 2022 Opinion or Order Filing 12 NOTICE of Appearance by Spencer A Kinderman on behalf of Board of Trustees for the University of Alabama System, The (Kinderman, Spencer)
June 15, 2022 Opinion or Order Filing 11 NOTICE of Appearance by David R Mellon on behalf of Board of Trustees for the University of Alabama System, The (Mellon, David)
June 14, 2022 Opinion or Order Filing 10 TEXT ORDER Before the court is Defendants Motion to Dismiss #5 . The parties are REMINDED to brief the motion in accordance with Exhibit B to the courts Initial Order #7 . Signed by Judge R David Proctor on 6/14/2022. (KAM)
June 14, 2022 Opinion or Order Filing 9 NOTICE of Appearance by Daniel B. Harris on behalf of Board of Trustees for the University of Alabama System, The (Harris, Daniel)
June 14, 2022 Opinion or Order Filing 8 NOTICE of Appearance by Shannon L Miller on behalf of Board of Trustees for the University of Alabama System, The (Miller, Shannon)
June 14, 2022 Opinion or Order Filing 7 INITIAL ORDER - with appendices attached. Signed by Judge R David Proctor on 6/14/2022. (KAM)
June 13, 2022 Opinion or Order Filing 6 Limited ANSWER to #1 Complaint by Board of Trustees for the University of Alabama System, The.(Davis, Thomas)
June 13, 2022 Opinion or Order Filing 5 MOTION to Dismiss Plaintiff's Complaint (Partial) by Board of Trustees for the University of Alabama System, The. (Davis, Thomas)
May 27, 2022 Opinion or Order Filing 4 SUMMONS Returned Executed by Walter Stewart. Board of Trustees for the University of Alabama System, The served on 5/23/2022, answer due 6/13/2022. (KEK)
May 20, 2022 Opinion or Order Filing 3 Summons Issued as to Board of Trustees for the University of Alabama System, The mailed certified mail (KAM)
May 17, 2022 Opinion or Order Filing 2 Request for service by certified mail filed by Walter Stewart. (Cooks, Roderick)
February 27, 2022 Opinion or Order Filing Fee: Filing fee $ 402, receipt_number AALNDC-4021444. related document #1 COMPLAINT against Board of Trustees for the University of Alabama System, The, filed by Walter Stewart. (Attachments: # 1 EEOC letter, # 2 EEOC Charge)(KAM). (Cooks, Roderick) NDAL rec# B4601118753 Modified on 3/1/2022 (KAM).
February 16, 2022 Opinion or Order Filing 1 COMPLAINT against Board of Trustees for the University of Alabama System, The, filed by Walter Stewart. (Attachments: #1 EEOC letter, #2 EEOC Charge)(KAM)

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Plaintiff: Walter Stewart
Represented By: Lee David Winston
Represented By: Roderick Twain Cooks
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Defendant: Board of Trustees for the University of Alabama System, The
Represented By: Daniel B. Harris
Represented By: David R Mellon
Represented By: Emily Traylor Vande Lune
Represented By: Lynlee Wells Palmer
Represented By: Shannon L Miller
Represented By: Spencer A Kinderman
Represented By: Thomas A Davis
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