Smith-Baker v. TMI Hospitality Incorporated et al.
| Smith-Baker and Patricia Smith-Baker |
| TMI Hospitality Incorporated, TMI Employee Management LP, TMI Employee Management and TP Heritage Incorporated |
| 2:2016cv02733 |
| August 12, 2016 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| John J Tuchi |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 |
| Both |
Docket Report
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This docket was last retrieved on October 3, 2017. A more recent docket listing may be available from PACER.
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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)
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| Filing 46 STIPULATION of Dismissal by Patricia Smith-Baker. (Attachments: #1 Text of Proposed Order Proposed Order)(Wells, Patricia) |
| 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) |
| 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). |
| Filing 44 AMENDED COMPLAINT Second against TMI Employee Management LP filed by Patricia Smith-Baker.(Wells, Patricia) |
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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)
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| 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). |
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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)
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| 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). |
| Filing 39 *Withdrawal of Document #37 Second Amended Complaint by Patricia Smith-Baker . (Wells, Patricia) *Modified to correct event on 6/13/2017 (REK). |
| 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). |
| 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). |
| 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). |
| Filing 35 NOTICE of Service of Discovery filed by Patricia Smith-Baker. (Wells, Patricia) |
| Filing 34 NOTICE of Service of Discovery filed by Patricia Smith-Baker. (Wells, Patricia) |
| Filing 33 NOTICE of Attorney Withdrawal Lindsay Sadlowski filed by Lindsay P Sadlowski. (Sadlowski, Lindsay) |
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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)
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| 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) |
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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)
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| 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) |
| Filing 28 REPORT of Rule 26(f) Planning Meeting by Patricia Smith-Baker. (Wells, Patricia) |
| Filing 27 NOTICE of Service of Discovery filed by Patricia Smith-Baker. (Wells, Patricia) |
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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)
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| Filing 25 Corporate Disclosure Statement by TMI Employee Management, TMI Hospitality Incorporated, TP Heritage Incorporated. (McIntyre, Michael) |
| Filing 24 ANSWER to #12 Amended Complaint with Jury Demand by TMI Employee Management, TMI Hospitality Incorporated, TP Heritage Incorporated.(McIntyre, Michael) |
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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.)
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| 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) |
| 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) |
| 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). |
| 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) |
| 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. |
| Filing 18 SUMMONS Submitted by Patricia Smith-Baker. (Wells, Patricia) |
| Filing 17 SUMMONS Submitted by Patricia Smith-Baker. (Wells, Patricia) |
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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)
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| 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) |
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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.)
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| 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) |
| 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) |
| Filing 12 AMENDED COMPLAINT First Amended Complaint against All Defendants filed by Patricia Smith-Baker.(Wells, Patricia) |
| 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) |
| 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) |
| 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). |
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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)
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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)
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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)
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| 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) |
| 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. |
| 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) |
| Filing 2 SUMMONS Submitted by Patricia Smith-Baker. (submitted by Trisha Kirtley) (Attachments: #1 Summons) (ATD) |
| 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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