Cavner v. University of Arkansas Fort Smith et al
Plaintiff: Dr. Jackie Cavner
Defendant: Mercy Hospital Fort Smith and University of Arkansas Fort Smith
Case Number: 2:2021cv02034
Filed: February 2, 2021
Court: US District Court for the Western District of Arkansas
Presiding Judge: P K Holmes
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 26, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 26, 2021 Filing 21 Letter from USDC Clerk's Office to Sebastian County Circuit Court Clerk regarding Remand to State Court. Certified copies of #19 Opinion and Order, #20 Judgment and docket sheet also included. (mjm)
February 26, 2021 Filing 20 JUDGMENT pursuant to #19 Opinion and Order, Plaintiff's Title VII and Title IX claims against Mercy are DISMISSED WITH PREJUDICED. Plaintiffs Title IX claim against UAFS is also DISMISSED WITH PREJUDICE. Signed by Honorable P. K. Holmes III on February 26, 2021. (mjm)
February 26, 2021 Filing 19 OPINION AND ORDER granting #5 Motion to Dismiss Case and Plaintiff's Title VII and Title IX claims against Mercy are DISMISSED WITH PREJUDICE. Further, granting #7 Motion to Dismiss for Failure to State a Claim and Plaintiff's Title IX claim against UAFS is DISMISSED WITH PREJUDICE. Plaintiff's state law claims are REMANDED. Judgment on the dismissed claims will be entered separately. Signed by Honorable P. K. Holmes III on February 26, 2021. (mjm)
February 24, 2021 Filing 18 TEXT ONLY ORDER denying #17 Motion for Leave to File Reply. Signed by Honorable P. K. Holmes III on February 24, 2021. (mer)
February 24, 2021 Filing 17 MOTION for Leave to Mercy Hospital Fort Smiths Motion For Leave To Reply To Plaintiffs Response To Motion To Dismiss by Mercy Hospital Fort Smith. (Kaemmerling, Michelle)
February 19, 2021 Filing 16 BRIEF IN SUPPORT OF #15 RESPONSE IN OPPOSITION TO Motion re #7 MOTION to Dismiss for Failure to State a Claim filed by Jackie Cavner. (Hickey, Kevin) Modified on 2/22/2021 to edit text and docket entry relationship (mjm).
February 19, 2021 Filing 15 RESPONSE IN OPPOSITION TO Motion re #7 MOTION to Dismiss for Failure to State a Claim filed by Jackie Cavner. (Hickey, Kevin)
February 19, 2021 Filing 14 BRIEF IN SUPPORT OF #13 RESPONSE IN OPPOSITION TO #5 MOTION to Dismiss Case Defendant Mercy Hospital Fort Smiths Motion to Dismiss Plaintiff's Complaint filed by Jackie Cavner. (Hickey, Kevin) Modified on 2/22/2021 to edit text and docket entry relationship (mjm).
February 19, 2021 Filing 13 RESPONSE IN OPPOSITION TO Motion re #5 MOTION to Dismiss Case Defendant Mercy Hospital Fort Smiths Motion to Dismiss Plaintiff's Complaint filed by Jackie Cavner. (Hickey, Kevin)
February 16, 2021 Filing 12 NOTICE of Appearance by Travis Edward Plummer on behalf of Jackie Cavner. (Plummer, Travis)
February 16, 2021 Filing 11 TEXT ONLY ORDER granting #10 MOTION for Entry of Appearance. Attorney Travis Plummer is directed to immediately enter his appearance in this matter. Signed by Honorable P. K. Holmes III on February 16, 2021. (mer)
February 16, 2021 Filing 10 MOTION for Entry of Appearance by Jackie Cavner. (mjm)
February 9, 2021 Filing 9 INITIAL SCHEDULING ORDER: Rule 26 Meeting Report due by 3/18/2021. Jury Trial set for 12/13/2021 09:00 AM in Fort Smith -- 3rd flr (Rm 310) before Honorable P. K. Holmes III. Signed by Jane Ann Short, Courtroom Deputy for Honorable P. K. Holmes III on February 9, 2021. (jas)
February 9, 2021 Filing 8 MEMORANDUM BRIEF in Support of #7 MOTION to Dismiss for Failure to State a Claim by University of Arkansas Fort Smith. (James, Sarah)
February 9, 2021 Filing 7 MOTION to Dismiss for Failure to State a Claim by University of Arkansas Fort Smith. (James, Sarah)
February 8, 2021 Filing 6 MEMORANDUM BRIEF in Support of #5 MOTION to Dismiss Case Defendant Mercy Hospital Fort Smiths Motion to Dismiss Plaintiff's Complaint Defendant Mercy Hospital Fort Smiths Brief in Support of it's Motion to Dismiss Plaintiff's Complaint by Mercy Hospital Fort Smith. (Kaemmerling, Michelle)
February 8, 2021 Filing 5 MOTION to Dismiss Plaintiff's Complaint by Mercy Hospital Fort Smith. (Attachments: #1 Exhibit 1)(Kaemmerling, Michelle) Modified document title on 2/8/2021 (jas).
February 2, 2021 Filing 4 COMPLAINT with Jury Demand against Mercy Hospital Fort Smith, University of Arkansas Fort Smith, filed by Jackie Cavner. (Originally filed in the Circuit Court of Sebastian County on 12/30/2020 in case CV-2020-922)(mjm)
February 2, 2021 Filing 3 Magistrate Notice/Consent Form. (mjm)
February 2, 2021 Filing 2 NOTICE OF REMOVAL from Circuit Court of Sebastian County, case number CV-2020-922., filed by Mercy Hospital Fort Smith. (Attachments: #1 Exhibit A: State Court Complaint, #2 Exhibit B: State Court pleadings, #3 Exhibit C: Email consent)(mjm)
February 2, 2021 Filing 1 CIVIL COVER SHEET for case initiated by Mercy Hospital Fort Smith. (mjm)
February 2, 2021 CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee: #2 Notice of Removal,. You MUST pay the filing fee of $402.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days.If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal.Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 2/4/2021. (mjm)
February 2, 2021 Notice of Removal filing fee paid re Clerk's Notice Regarding Filing Fee,, : $ 402, receipt number AARWDC-2326208.. (Kaemmerling, Michelle)
February 2, 2021 TEXT ONLY CLERK'S ORDER requiring parties to request a trial by jury within 14 days from date of this order, if desired and allowed by law. (mjm)

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Defendant: Mercy Hospital Fort Smith
Represented By: Michelle M. Kaemmerling
Represented By: Shelby Nicole Howlett
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Defendant: University of Arkansas Fort Smith
Represented By: Sarah James
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Plaintiff: Dr. Jackie Cavner
Represented By: Bradley Hull
Represented By: Kevin Lee Hickey
Represented By: Travis Edward Plummer
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