Whitfield et al v. American Federation of Government Employees et al
| Terry Phillips, Margaret Hood, Bruce Wayne Spicer, Greg Etherly, Elbert Bell, Dorothy Howard, Marvin Childress, Jimmy Flowers, Andrew Scruggs, Verlinda Harris, Ethel Hudson, Sonya Moore, Brandon Robinson, Jackie Green, Britt Murray, Shoshoa Warfield, Ezra Thompson, Ryan Stills, Tonda Burnett, Percy Collins, Percy Stokes, Jackie Rogers, Rocky Foster, Alvin Shelton, Teresa Willman, Leautry Pierce, Anthony Brock, Nathaniel Fuller, Kathryn Magsby, Luketha Stokes, Alonzo Carroll, Robert Hardnett, Rebecca Fowler, Maxine Jones, Roderick Rembert, Anthony Lee, Anthony Collins, Rod Harris, Joann Winston, Brandi Means, Carolyn Washington, Karen McNeely, Sandra Washington, Charlie Rucker, Sam Whitfield, Michael Sanders and Brenda Ricks |
| Does Unknown Defendants, Rodney Davis, David Cox, American Federation of Government Employees, Michael Kelly, Sherri Harrison, Jesus Sanchez, National Executive Council, Dave Gassett and Robert Harrison |
| 5:2018cv00229 |
| September 7, 2018 |
| US District Court for the Eastern District of Arkansas |
| Kristine G Baker |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 18, 2020. A more recent docket listing may be available from PACER.
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Filing 33
JUDGMENT: Pursuant to the Order entered in this matter on this date, plaintiffs' pre-empted federal-law claims against defendants the American Federation of Government Employees, National President David Cox, National Vice President Michael Kelly, National Representatives Jesus Sanchez and Robert Harrison, the National Executive Council, and Local 953 Members Dave Gassett and Rodney Davis (collectively, "the Union Defendants") are dismissed with prejudice. Plaintiffs' non-pre-empted federal and state-law claims against the Union Defendants are dismissed without prejudice. Plaintiffs' claims against defendant Sherri Harrison and the Doe defendants are also dismissed without prejudice. The relief requested is denied. Signed by Judge Kristine G. Baker on 3/18/2020. (jbh)
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Filing 32
ORDER granting #3 Union Defendants' motion for summary judgment; dismissing with prejudice plaintiffs' pre-empted federal claims against the Union Defendants; dismissing without prejudice plaintiffs' non-pre-empted federal and state-law claims against the Union Defendants; granting #23 Ms. Harrison's motion to dismiss; dismissing without prejudice plaintiffs' claims against Ms. Harrison; and dismissing without prejudice plaintiffs' claims against the Doe defendants. Signed by Judge Kristine G. Baker on 3/18/2020. (jbh)
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Filing 31
ORDER converting #3 motion to dismiss into one for summary judgment; directing parties to submit within 14 days any additional evidence in support of or opposition to the Union Defendants' motion for summary judgment that they would like the Court to consider; and taking under advisement Sherri Harrison's #23 motion to dismiss. Signed by Judge Kristine G. Baker on 2/18/2020. (jbh)
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Filing 30
ORDER granting #25 motion for admission pro hac vice of attorney Chad Edward Harris. Signed by Judge Kristine G. Baker on 12/23/2019. (ajt)
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Filing 29
ORDER granting #26 motion to withdraw Anju Varakalayi Matthew as counsel; directing the Clerk to terminate Ms. Matthew as counsel of record for the union defendants. Signed by Judge Kristine G. Baker on 12/23/2019. (ajt)
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Filing 28
REPORT of Rule 26(f) Planning Meeting by American Federation of Government Employees, David Cox, Rodney Davis, Does, Dave Gassett, Robert Harrison, Sherri Harrison, Michael Kelly, National Executive Council, Jesus Sanchez. (Burnett, John)
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Filing 27
STATUS REPORT by American Federation of Government Employees, David Cox, Rodney Davis, Does, Dave Gassett, Robert Harrison, Sherri Harrison, Michael Kelly, National Executive Council, Jesus Sanchez. (Burnett, John)
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Filing 26
MOTION to Withdraw as Attorney Mathew by American Federation of Government Employees, David Cox, Rodney Davis, Does, Dave Gassett, Robert Harrison, Michael Kelly, National Executive Council, Jesus Sanchez (Burnett, John)
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Filing 25
MOTION for Leave to Appear pro hac vice by Chad E Harris. Fee $100 receipt number 0860-3603234. Filed by American Federation of Government Employees, David Cox, Rodney Davis, Does, Dave Gassett, Robert Harrison, Michael Kelly, National Executive Council, Jesus Sanchez (Attachments: #1 Affidavit)(Burnett, John)
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Filing 24
BRIEF IN SUPPORT re #23 Motion to Dismiss filed by Sherri Harrison. (Dempsey, Jamie)
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Filing 23
MOTION to Dismiss by Sherri Harrison (Dempsey, Jamie)
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Filing 22
ORDER lifting the stay; removing this case from the trial calendar and suspending all currently pending deadlines in the #14 Initial Scheduling Order; directing the parties to confer and submit a joint status report and proposed scheduling order within 30 days of this Order; allowing Plaintiffs 14 days from the date of this Order to file a response to the #3 motion to dismiss; and directing Plaintiffs to show cause within 14 days from the date of this Order why their claims against the Doe defendants should not be dismissed for failure to serve. Signed by Judge Kristine G. Baker on 11/21/2019. (jbh)
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Filing 21
ORDER granting #19 motion to admit Anju Varakalayil Mathew pro hac vice; granting #20 union defendants' motion to withdraw counsel; substituting Ms. Mathew as counsel of record for the union defendants; and terminating Mr. Kudrle as counsel of record for the union defendants. Signed by Judge Kristine G. Baker on 7/11/2019. (kdr)
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Filing 20
MOTION to Withdraw as Attorney Kudrle by American Federation of Government Employees, David Cox, Rodney Davis, Dave Gassett, Robert Harrison, Michael Kelly, National Executive Council, Jesus Sanchez (Burnett, John)
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Filing 19
MOTION for Leave to Appear pro hac vice by Anju Varakalayil Mathew. Fee $100 receipt number 0860-3493743. Filed by American Federation of Government Employees, David Cox, Rodney Davis, Does, Dave Gassett, Robert Harrison, Michael Kelly, National Executive Council, Jesus Sanchez (Attachments: #1 Affidavit)(Burnett, John)
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Filing 18
NOTICE by Sherri Harrison (Dempsey, Jamie)
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Filing 17
ORDER granting #16 Ms. Harrison's motion for stay due to lapse of appropriations; staying the litigation of this matter due to a lapse in appropriations; extending all deadline which occur during the term of any lapse in appropriations by the same time period as the lapse; and directing counsel for Ms. Harrison to notify the Court promptly upon restoration of appropriations so that the Court may take appropriate action to lift the stay and reestablish deadlines in this case. Signed by Judge Kristine G. Baker on 1/2/2019. (cmn)
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Filing 16
MOTION to Stay Due to Lapse in Appropriations by Sherri Harrison (Dempsey, Jamie)
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Filing 15
ORDER granting #7 plaintiffs' motion for extension of time to respond to defendants' motion to dismiss; and extending the response date up to and including 1/3/2019. Signed by Judge Kristine G. Baker on 12/19/2018. (cmn)
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Filing 14
INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 2/19/2019; Rule 26(f) Report due by 3/5/2019; Jury Trial set for sometime during the week of 1/21/2020 at 09:00 AM in Little Rock Courtroom # 4C before Judge Kristine G. Baker. Signed at the direction of the Court on 12/18/2018. (tmw)
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Filing 13
AFFIDAVIT of Service on Sherri Harrison by Sam Whitfield. (Valley, J.)
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Filing 12
AFFIDAVIT of Service on Michael Kelly by Sam Whitfield. (Valley, J.)
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Filing 11
AFFIDAVIT of Service on Dave Gassett by Sam Whitfield. (Valley, J.)
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Filing 10
AFFIDAVIT of Service on Robert Harrison by Sam Whitfield. (Valley, J.)
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Filing 9
AFFIDAVIT of Service on Jesus Sanchez by Sam Whitfield. (Valley, J.)
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Filing 8
RESPONSE to Motion re #7 MOTION for Extension of Time to File Response/Reply as to #4 Brief in Support, #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by American Federation of Government Employees, David Cox, Rodney Davis, Dave Gassett, Robert Harrison, Michael Kelly, National Executive Council, Jesus Sanchez. (Burnett, John)
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Filing 7
MOTION for Extension of Time to File Response/Reply as to #4 Brief in Support, #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by All Plaintiffs (Valley, J.)
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Filing 6
ORDER granting #5 William Robert Kudrle's motion for admission pro hac vice. Signed by Judge Kristine G. Baker on 11/26/2018. (kdr)
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Filing 5
MOTION for Leave to Appear pro hac vice by William Robert Kurdrle filed by American Federation of Government Employees, David Cox, Rodney Davis, Dave Gassett, Robert Harrison, Michael Kelly, National Executive Council, Jesus Sanchez. Fee $100.00 received. Receipt# LIT069674. (fjg)
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Filing 4
BRIEF IN SUPPORT re #3 Motion to Dismiss filed by American Federation of Government Employees, David Cox, Rodney Davis, Dave Gassett, Robert Harrison, Michael Kelly, National Executive Council, Jesus Sanchez. (fjg)
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Filing 3
MOTION TO DISMISS filed by American Federation of Government Employees, David Cox, Rodney Davis, Dave Gassett, Robert Harrison, Michael Kelly, National Executive Council, Jesus Sanchez. (fjg)
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Filing 2
NOTICE of Appearance by John L. Burnett on behalf of American Federation of Government Employees, David Cox, Michael Kelly, Jesus Sanchez, Robert Harrison, National Executive Council, Dave Gassett and Rodney Davis. (Burnett, John) (Docket entry modified on 11/19/2018 to correct the party filers.) (thd).
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NOTICE OF DOCKET CORRECTION re: #2 Notice of Appearance. CORRECTION: The docket entry was modified to correct the party filers as American Federation of Government Employees, David Cox, Michael Kelly, Jesus Sanchez, Robert Harrison, National Executive Council, Dave Gassett and Rodney Davis, as stated in the document. (thd)
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| Filing 1 CLASS ACTION COMPLAINT with Jury Demand against All Defendants ( Fee of $400 paid. Receipt Number LIT068716.), filed by Sam Whitfield, et al. Summons issued and returned to Plaintiffs' counsel. (Attachments: #1 Civil Cover Sheet)(mcz) |
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