Smith-Baker v. TMI Hospitality Incorporated et al.
Plaintiff: Smith-Baker and Patricia Smith-Baker
Defendant: TMI Hospitality Incorporated, TMI Employee Management LP, TMI Employee Management and TP Heritage Incorporated
Case Number: 2:2016cv02733
Filed: August 12, 2016
Court: US District Court for the District of Arizona
Office: Phoenix Division Office
County: Maricopa
Presiding Judge: John J Tuchi
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. ยง 2000
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 3, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 3, 2017 Opinion or Order Filing 47 ORDER - IT IS HEREBY ORDERED granting the Stipulation (Doc. #46 ). The above-entitled matter is hereby dismissed with prejudice, the parties to bear their own costs and attorneys' fees. IT IS FURTHER ORDERED directing the Clerk of the Court to close this matter. Signed by Judge John J Tuchi on 10/3/17. (SLQ)
October 1, 2017 Filing 46 STIPULATION of Dismissal by Patricia Smith-Baker. (Attachments: #1 Text of Proposed Order Proposed Order)(Wells, Patricia)
July 19, 2017 Remark: Pro hac vice motion granted for Megan M Fields on behalf of TMI Employee Management LP. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
July 17, 2017 Filing 45 *ANSWER to #44 Amended Complaint with Jury Demand by TMI Employee Management LP.(McIntyre, Michael) *Modified on 7/18/2017 to add jury demand to text (ATD).
July 4, 2017 Filing 44 AMENDED COMPLAINT Second against TMI Employee Management LP filed by Patricia Smith-Baker.(Wells, Patricia)
June 30, 2017 Opinion or Order Filing 43 ORDER: IT IS ORDERED granting #42 Plaintiff's Motion to Amend Complaint. Plaintiff may file her Second Amended Complaint no later than July 7, 2017. (See attached Order). Signed by Judge John J Tuchi on 6/30/17.(JAMA)
June 26, 2017 Filing 42 *MOTION to Amend #12 First Amended Complaint filed by Patricia Smith-Baker. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Wells, Patricia) *Modified to correct event on 6/27/2017 (REK).
June 15, 2017 Opinion or Order Filing 41 ORDER - Striking Plaintiff's Third Amended Complaint (Doc. #40 ). Plaintiff may file a motion to amend pursuant to Federal Rules of Civil Procedure 15(a)(2) and 16 and Local Rule 15.1(a) by 6/26/2017. Signed by Judge John J Tuchi on 6/15/17. (DXD)
June 12, 2017 Filing 40 *STRICKEN by Order (Doc. #41 ) AMENDED COMPLAINT Third against TMI Employee Management LP filed by Patricia Smith-Baker.(Wells, Patricia) Modified on 6/15/2017 (DXD).
June 12, 2017 Filing 39 *Withdrawal of Document #37 Second Amended Complaint by Patricia Smith-Baker . (Wells, Patricia) *Modified to correct event on 6/13/2017 (REK).
May 31, 2017 Filing 38 *Withdrawal of Document re: #36 Second Amended Complaint by Patricia Smith-Baker re: #36 Amended Complaint . (Wells, Patricia) *Modified to correct event on 6/1/2017 (REK).
May 31, 2017 Filing 37 ***Withdrawn by #39 ***AMENDED COMPLAINT Second against TMI Employee Management LP filed by Patricia Smith-Baker.(Wells, Patricia) Modified on 6/13/2017 (REK).
May 30, 2017 Filing 36 ***Withdrawn by #38 ***AMENDED COMPLAINT Second against TMI Employee Management LP filed by Patricia Smith-Baker.(Wells, Patricia) Modified on 6/1/2017 (REK).
May 18, 2017 Filing 35 NOTICE of Service of Discovery filed by Patricia Smith-Baker. (Wells, Patricia)
May 7, 2017 Filing 34 NOTICE of Service of Discovery filed by Patricia Smith-Baker. (Wells, Patricia)
April 28, 2017 Filing 33 NOTICE of Attorney Withdrawal Lindsay Sadlowski filed by Lindsay P Sadlowski. (Sadlowski, Lindsay)
April 3, 2017 Opinion or Order Filing 32 SCHEDULING ORDER: Discovery due by 2/23/2018. Dispositive motions due by 4/6/2018. (See attached Order for deadlines and details). Signed by Judge John J Tuchi on 4/3/17. (JAMA)
April 3, 2017 Filing 31 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Scheduling Conference held on 4/3/2017. Deadlines discussed and entered. Scheduling Order to follow. APPEARANCES: Patricia Kirtley Wells for Plaintiff. Telephonic appearance by Michael McIntyre for Defendant. (Court Reporter Elaine Cropper.) Hearing held 3:28 PM to 3:42 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA)
March 28, 2017 Opinion or Order Filing 30 ORDER: IT IS ORDERED granting #29 Defendant's Unopposed Motion to Appear by Telephone at the April 3, 2017 Scheduling Conference. Counsel for Defendant, Scott McIntyre, may appear telephonically at the Rule 16 Scheduling Conference set for April 3, 2017 at 3:30 p.m. Chambers will e-mail dial-in information to Mr. McIntyre prior to the conference. Signed by Judge John J Tuchi on 3/28/17.(JAMA)
March 27, 2017 Filing 29 MOTION for Leave to Appear By Telephone by TMI Employee Management, TMI Hospitality Incorporated, TP Heritage Incorporated. (Attachments: #1 Text of Proposed Order)(McIntyre, Michael)
March 27, 2017 Filing 28 REPORT of Rule 26(f) Planning Meeting by Patricia Smith-Baker. (Wells, Patricia)
March 26, 2017 Filing 27 NOTICE of Service of Discovery filed by Patricia Smith-Baker. (Wells, Patricia)
January 31, 2017 Opinion or Order Filing 26 ORDER: Scheduling Conference set for 4/3/2017 at 03:30 PM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. The parties shall submit their joint proposed case management plan not less than seven (7) days before the Scheduling Conference. All parties are required to appear in person at the hearing. No extensions will be granted. (See attached Order for additional details). Signed by Judge John J Tuchi on 1/30/17. (JAMA)
January 27, 2017 Filing 25 Corporate Disclosure Statement by TMI Employee Management, TMI Hospitality Incorporated, TP Heritage Incorporated. (McIntyre, Michael)
January 27, 2017 Filing 24 ANSWER to #12 Amended Complaint with Jury Demand by TMI Employee Management, TMI Hospitality Incorporated, TP Heritage Incorporated.(McIntyre, Michael)
January 10, 2017 Opinion or Order Filing 23 ORDER pursuant to General Order 09-08 granting #22 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
January 10, 2017 PRO HAC VICE FEE PAID. $ 35, receipt number PHX180643 as to Michael Scott McIntyre. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
January 9, 2017 Filing 22 MOTION for Admission Pro Hac Vice as to attorney Michael Scott McIntyre on behalf of TMI Employee Management, TMI Hospitality Incorporated, and TP Heritage Incorporated. (BAS)
December 5, 2016 Filing 21 *SERVICE EXECUTED filed by Patricia Smith-Baker: Rule 4 Waiver of Service of Summons. Waiver sent on November 28, 2016 to M. Scott McIntyre Esq on behalf of TMI Employee Management. . (Wells, Patricia) *Modified to correct/add text on 12/6/2016 (KGM).
November 28, 2016 Filing 20 NOTICE of Party Dismissal by Patricia Smith-Baker. Party TMI Hospitality Incorporated and TP Heritage Incorporated terminated. (Attachments: #1 Text of Proposed Order Proposed Order)(Wells, Patricia)
November 28, 2016 Filing 19 Summons Issued as to TMI Employee Management. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
November 23, 2016 Filing 18 SUMMONS Submitted by Patricia Smith-Baker. (Wells, Patricia)
November 21, 2016 Filing 17 SUMMONS Submitted by Patricia Smith-Baker. (Wells, Patricia)
November 18, 2016 Opinion or Order Filing 16 ORDER: IT IS ORDERED granting #15 the Stipulation for Extension of Time for Defendants TMI Hospitality, Inc. and TP Heritage, Inc. to Respond to First Amended Complaint. IT IS FURTHER ORDERED granting Defendants TMI Hospitality, Inc. and TP Heritage Inc. a fourteen-day extension of time to and including November 28, 2016, to file their answer or other pleading in response to the First Amended Complaint. Signed by Judge John J Tuchi on 11/18/16. (JAMA)
November 14, 2016 Filing 15 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by TMI Hospitality Incorporated, TP Heritage Incorporated. (Attachments: #1 Text of Proposed Order Exhibit 1)(Sadlowski, Lindsay)
November 1, 2016 Opinion or Order Filing 14 ORDER pursuant to General Order 09-08 granting #13 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
November 1, 2016 PRO HAC VICE FEE PAID. $ 35, receipt number PHX178091 as to Lindsay P Sadlowski. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
October 31, 2016 Filing 13 MOTION for Admission Pro Hac Vice as to attorney Lindsay P Sadlowski on behalf of TMI Employee Management, TMI Hospitality Incorporated, and TP Heritage Incorporated. (BAS)
October 25, 2016 Filing 12 AMENDED COMPLAINT First Amended Complaint against All Defendants filed by Patricia Smith-Baker.(Wells, Patricia)
October 17, 2016 Filing 11 SERVICE EXECUTED filed by Patricia Smith-Baker: Rule 4 Waiver of Service of Summons. Waiver sent on September 12, 2016 to M. Scott McIntyre Esq. for TP Heritage Inc.. (Wells, Patricia)
October 17, 2016 Filing 10 SERVICE EXECUTED filed by Patricia Smith-Baker: Rule 4 Waiver of Service of Summons. Waiver sent on September 12, 2016 to M. Scott McIntyre Esq. for TMI Hospitality Inc.. (Wells, Patricia)
September 19, 2016 Filing 9 *SERVICE EXECUTED re: Service of Request to Waiver Service of Summons on counsel for TMI Hospitality Inc. on 9/12/16 by Patricia Smith-Baker . (Wells, Patricia) *Modified to correct event on 9/20/2016 (ATD).
August 23, 2016 Opinion or Order Filing 8 ORDER: re: Initial Discovery Protocols for Employment Cases. (See attached Order for details). Signed by Judge John J Tuchi on 8/23/16. (JAMA)
August 17, 2016 Opinion or Order Filing 7 ORDER: IT IS HEREBY ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on November 14, 2016. (See attached Order for complete details). Signed by Judge John J Tuchi on 8/17/16. (JAMA)
August 17, 2016 Opinion or Order Filing 6 ORDER: IT IS ORDERED that a motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that plaintiff shall serve a copy of this order on defendants. (See attached Order for complete details). Signed by Judge John J Tuchi on 8/17/16. (JAMA)
August 15, 2016 Filing 5 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Patricia Smith-Baker. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. No further action is required. The automated Civil Cover Sheet can be found onwww.azd.uscourts.gov under the Rules, General Orders & Formstab, under Forms. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ATD)
August 15, 2016 Filing 4 Summons Issued as to TMI Hospitality Incorporated and TP Heritage Incorporated. (Attachments: #1 Summons) (ATD) *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
August 12, 2016 Filing 3 Filing fee paid, receipt number 0970-13280846. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-16-02733-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ATD)
August 12, 2016 Filing 2 SUMMONS Submitted by Patricia Smith-Baker. (submitted by Trisha Kirtley) (Attachments: #1 Summons) (ATD)
August 12, 2016 Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-13280846 filed by Patricia Smith-Baker. (submitted by Trisha Kirtley) (Attachments: #1 Civil Cover Sheet) (ATD)

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Defendant: TMI Hospitality Incorporated
Represented By: Michael Scott McIntyre
Represented By: Lindsay P Sadlowski
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Defendant: TMI Employee Management LP
Represented By: Megan Mersch Fields
Represented By: Michael Scott McIntyre
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Defendant: TMI Employee Management
Represented By: Michael Scott McIntyre
Represented By: Lindsay P Sadlowski
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Defendant: TP Heritage Incorporated
Represented By: Michael Scott McIntyre
Represented By: Lindsay P Sadlowski
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Plaintiff: Smith-Baker
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Plaintiff: Patricia Smith-Baker
Represented By: Patricia Kirtley Wells
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