Branch v. Transplace Freight Services, LLC
Plaintiff: Branch and Johnny Branch
Defendant: Transplace Freight Services, LLC and Transplace Texas, LP
Case Number: 5:2016cv05361
Filed: December 13, 2016
Court: US District Court for the Western District of Arkansas
Office: Fayetteville Office
County: Benton
Presiding Judge: Timothy L Brooks
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 January 18, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 18, 2018 Opinion or Order Filing 46 ORDER OF DISMISSAL - Parties settled, case is dismissed with prejudice pursuant to terms of settlement agreement. Signed by Honorable Timothy L. Brooks on January 18, 2018. (rg)
January 16, 2018 Opinion or Order ***PRETRIAL CONFERENCE terminated due to the parties' negotiated settlement. The Jury Trial will remain set pending an Order of Dismissal. Signed by Honorable Timothy L. Brooks on January 16, 2018. (slc)
January 12, 2018 Opinion or Order Filing 45 TEXT ONLY ORDER Resetting PRETRIAL CONFERENCE (COURTROOM LOCATION ONLY): Final Pretrial Conference set for 1/16/2018 09:00 AM in Fayetteville - 2nd flr (Rm 210) before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on January 12, 2018. (slc)
January 11, 2018 Opinion or Order Filing 44 TEXT ONLY ORDER Resetting PRETRIAL CONFERENCE (COURTROOM LOCATION ONLY): Final Pretrial Conference reset for 1/16/2018 09:00 AM in Fayetteville -- 4th flr BK (Rm 416) before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on January 11, 2018. (slc)
January 8, 2018 Opinion or Order Filing 43 RESPONSE IN OPPOSITION TO Motion re #38 MOTION in Limine (Consolidated) filed by Johnny Branch. (rg)
January 8, 2018 Opinion or Order Filing 42 **PLEASE DISREGARD, FILED ERRONEOUSLY **PLAINTIFF'S OPPOSITION MOTION re #38 to defendant's consolidated Motions in Limine by Johnny Branch. (rg) Modified on 1/8/2018 (rg). Modified on 1/8/2018 to add text (rg).
January 5, 2018 Opinion or Order Filing 41 PRETRIAL DISCLOSURES by Johnny Branch. (rg)
January 3, 2018 Opinion or Order Filing 40 TEXT ONLY Minute Entry for proceedings held before Honorable Erin L. Wiedemann: Settlement Conference held on 1/3/2018. (kht)
January 2, 2018 Opinion or Order Filing 39 MEMORANDUM BRIEF in Support of #38 MOTION in Limine (Consolidated) by Transplace Texas, LP. (Chadick, Vincent)
January 2, 2018 Opinion or Order Filing 38 MOTION in Limine (Consolidated) by Transplace Texas, LP. (Chadick, Vincent)
December 19, 2017 Opinion or Order Filing 37 PRETRIAL DISCLOSURE SHEET by Transplace Texas, LP. (Chadick, Vincent)
December 5, 2017 Opinion or Order Filing 36 TEXT ONLY ORDER directing the Clerk of Court to terminate defendant Transplace Freight Services, LLC and substitute as defendant Transplace Texas, LP, pursuant to the parties' joint stipulation #35 . Counsel for defendant will remain the same. Signed by Honorable Timothy L. Brooks on December 5, 2017. (ee)
December 4, 2017 Opinion or Order Filing 35 STIPULATION by Transplace Freight Services, LLC. (Chadick, Vincent)
November 21, 2017 Opinion or Order Filing 34 MEMORANDUM OPINION AND ORDER granting in part and denying in part #25 Motion for Summary Judgment; see order for specifics. Signed by Honorable Timothy L. Brooks on November 21, 2017. (rg)
November 14, 2017 Opinion or Order TEXT ONLY ORDER re #30 Response to Motion filed by Johnny Branch. Plaintiff refers in the response to two exhibits, Exhibits A and B, but those documents are not attached to the response. Plaintiff is directed to conventionally file Exhibits A and B with the Clerk's office no later than Friday, November 17, 2017, or they will not be considered. Signed by Honorable Timothy L. Brooks on November 14, 2017. (ee)
October 30, 2017 Opinion or Order Filing 33 TEXT ONLY ORDER granting #31 Motion to Reset; ORDER Resetting Hearing: Settlement Conference previously set for 10/31/2017 has been reset for 1/3/2018 09:00 AM in Fayetteville - 2nd flr (Rm 210) before Honorable Erin L. Wiedemann. Signed by Honorable Erin L. Wiedemann on October 30, 2017. (kht)
October 27, 2017 Opinion or Order Filing 32 TEXT ONLY ORDER REFERRING MOTION: #31 MOTION to ResetSettlement Conference filed by Transplace Freight Services, LLC to Honorable Erin L. Wiedemann. Signed by Honorable Timothy L. Brooks on October 27, 2017. Motions referred to Erin L. Wiedemann.(slc)
October 27, 2017 Opinion or Order Filing 31 MOTION to ResetSettlement Conference by Transplace Freight Services, LLC. (Chadick, Vincent)
October 25, 2017 Opinion or Order Filing 30 RESPONSE to Motion re #25 MOTION for Summary Judgment filed by Johnny Branch. (tg) (Additional attachment(s) added on 11/16/2017: #1 Exhibit A, #2 Exhibit B) (tg).
October 24, 2017 Opinion or Order Filing 29 TEXT ONLY ORDER granting #28 Motion for Leave to File. The Clerk of Court is directed to file the exhibit attached to the Motion as Plaintiff's Response to Defendant's Motion for Summary Judgment #25 . Signed by Honorable Timothy L. Brooks on October 24, 2017. (ee)
October 23, 2017 Opinion or Order Filing 28 MOTION for Leave to respond to request for opposition to #25 Motion for Summary Judgment late by Johnny Branch. (rg) (Additional attachment(s) added on 10/23/2017: #1 Exhibit) (rg).
September 20, 2017 Opinion or Order Filing 27 STATEMENT OF FACTS in support of #25 MOTION for Summary Judgment by Transplace Freight Services, LLC. (Attachments: #1 Exhibit 1 (Employee Handbook), #2 Exhibit 2 (Declaration of J. Lynch), #3 Exhibit 3 (Letters of Employment Termination), #4 Exhibit 4 (Transcript of Deposition of Plaintiff - Excerpted), #5 Exhibit 5 (EEOC Dismissal))(Chadick, Vincent)
September 20, 2017 Opinion or Order Filing 26 MEMORANDUM BRIEF in Support of #25 MOTION for Summary Judgment by Transplace Freight Services, LLC. (Chadick, Vincent)
September 20, 2017 Opinion or Order Filing 25 MOTION for Summary Judgment by Transplace Freight Services, LLC. (Chadick, Vincent)
September 14, 2017 Opinion or Order Filing 24 TEXT ONLY ORDER granting #23 Motion for Extension of Time to File Dispositive Motions to September 20, 2017. Signed by Honorable Timothy L. Brooks on September 14, 2017. (ee)
September 13, 2017 Opinion or Order Filing 23 MOTION for Extension of Time to File Dispositive Motions by Transplace Freight Services, LLC. (Chadick, Vincent)
September 6, 2017 Opinion or Order Filing 22 TEXT ONLY ORDER granting #21 Motion for Extension of Time to Complete Discovery. The discovery deadline is extended through September 6, 2017. Signed by Honorable Timothy L. Brooks on September 6, 2017. (ee) Modified on 9/7/2017 to add document number(rg).
August 31, 2017 Opinion or Order Filing 21 Unopposed MOTION for Extension of Time to Complete Discovery (Limited) by Transplace Freight Services, LLC. (Chadick, Vincent)
June 28, 2017 Opinion or Order Filing 20 AMENDED ANSWER to COMPLAINT by Transplace Freight Services, LLC. (Chadick, Vincent)
June 22, 2017 Opinion or Order DOCKET ANNOTATION OF MAILING: An NEF of a TEXT ONLY ENTRY filed 6/21/17 Order was mailed to non-ECF Case Participant(s) Johnny Branch on 6/22/2017. (tg)
June 21, 2017 Opinion or Order TEXT ONLY ORDER directing the Clerk of Court to enter the following contact information on the docket for Plaintiff Johnny Branch, Jr., who has advised the Court today that he intends to represent himself pro se: 603 NW 17th Ct., Bentonville, AR 72712; 479-871-1925. Signed by Honorable Timothy L. Brooks on June 21, 2017. (ee)
June 21, 2017 Opinion or Order TEXT ONLY ORDER granting #18 Motion for Leave to File. Signed by Honorable Timothy L. Brooks on June 21, 2017. (ee)
June 20, 2017 Opinion or Order Filing 19 AFFIDAVIT of Drew C. Benham filed by Johnny Branch . (Benham, Drew)
May 31, 2017 Opinion or Order Filing 18 MOTION for Leave to File First Amended Answer to Complaint of Plaintiff by Transplace Freight Services, LLC. (Attachments: #1 Exhibit 1 (Proposed First Amended Answer))(Chadick, Vincent)
April 11, 2017 Opinion or Order Filing 17 ORDER granting #15 Motion to Withdraw as Attorney. Attorney Drew Courtney Bacon Benham and Charles D. Skip Davidson, Sr., withdrawn, and the Clerk of Court is directed to remove their names from the list of attorneys who receive Notices of Electronic Filing in this case. Mr. Davidson and/or Ms. Benham are directed to provide a copy of this order to Plaintiff. Plaintiff is directed to advise the court if he will retain new counsel or proceed pro se no later than May 26, 2017. Signed by Honorable Timothy L. Brooks on April 11, 2017. (src)
March 30, 2017 Opinion or Order Filing 16 MEMORANDUM BRIEF in Support of #15 Motion to Withdraw as Counsel of Record by Johnny Branch. (Benham, Drew) Modified on 3/31/2017 to add link (tg).
March 30, 2017 Opinion or Order Filing 15 MOTION of Charles Darwin "Skip" Davidson, Drew Benham and Davidson Law Firm to Withdraw as Attorney by Johnny Branch. (Benham, Drew)
March 8, 2017 Opinion or Order Filing 14 ORDER Setting Hearing: Settlement Conference set for 10/31/2017 09:00 AM in Fayetteville - 2nd flr (Rm 210) before Honorable Erin L. Setser. Signed by Honorable Erin L. Setser on March 8, 2017. (kht)
March 8, 2017 Opinion or Order Filing 13 CASE MANAGEMENT ORDER: Final Pretrial Conference set for 1/16/2018 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. JURY TRIAL set for 1/22/2018 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on March 8, 2017. (slc)
March 2, 2017 Opinion or Order Filing 12 PROTECTIVE ORDER. Signed by Honorable Timothy L. Brooks on March 2, 2017. (src)
March 2, 2017 Opinion or Order TEXT ONLY Minute Entry for proceedings held before Honorable Timothy L. Brooks: Case Management Hearing held on 3/2/2017. (Dana Hayden-Court Reporter)(Proceedings held in Fayetteville-Room 509) (slc)
February 13, 2017 Opinion or Order Filing 11 JOINT REPORT of Rule 26(f) Planning Meeting by Transplace Freight Services, LLC. (Chadick, Vincent)
January 11, 2017 Opinion or Order Filing 10 NOTICE of Appearance by Philip A. Elmore on behalf of Transplace Freight Services, LLC. (Elmore, Philip)
January 11, 2017 Opinion or Order Filing 9 NOTICE of Appearance by Lindsey Carroll Pesek on behalf of Transplace Freight Services, LLC. (Pesek, Lindsey)
January 11, 2017 Opinion or Order Filing 8 INITIAL SCHEDULING ORDER: Case Management Hearing set for 3/2/2017 10:30 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 2/13/2017. Signed by Honorable Timothy L. Brooks on January 11, 2017. (slc)
January 9, 2017 Opinion or Order TEXT ONLY CLERK'S NOTICE re Multiple Attorneys Listed on Pleading directed to Defendant Transplace Freight Services, LLC. Answer to Complaint #7 lists multiple attorneys appearing for the filer. The following attorney(s), who did not sign the pleading, must enter a separate Notice of Appearance in order to receive electronic notification of future activity in the case: LINDSEY PESEK AND PHILIP ELMORE. (tg)
January 8, 2017 Opinion or Order Filing 7 ANSWER to #1 Complaint by Transplace Freight Services, LLC.(Chadick, Vincent)
December 23, 2016 Opinion or Order Filing 6 NOTICE of Appearance by Drew Courtney Bacon Benham on behalf of Johnny Branch. (Benham, Drew)
December 22, 2016 Opinion or Order Filing 5 AFFIDAVIT of Service for Complaint & Summons, filed by Johnny Branch. Transplace Freight Services, LLC served on 12/19/2016, answer due 1/9/2017. (Davidson, Charles)
December 13, 2016 Opinion or Order Filing 4 Magistrate Notice/Consent Furnished (src)
December 13, 2016 Opinion or Order Filing 3 THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Issued as to Transplace Freight Services, LLC and returned to attorney or plaintiff for service. (src)
December 13, 2016 Opinion or Order Filing 2 CIVIL COVER SHEET for case initiated by Johnny Branch. (src)
December 13, 2016 Opinion or Order Filing 1 COMPLAINT with Jury Demand against Transplace Freight Services, LLC ( Filing fee $ 400 receipt number 5005974), filed by Johnny Branch.(src)

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Defendant: Transplace Freight Services, LLC
Represented By: Lindsey Noe
Represented By: Philip A. Elmore
Represented By: Vincent Chadick
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Defendant: Transplace Texas, LP
Represented By: Lindsey Noe
Represented By: Philip A. Elmore
Represented By: Vincent Chadick
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Plaintiff: Branch
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Plaintiff: Johnny Branch
Represented By: Charles Darwin Davidson, Sr
Represented By: Drew Courtney Bacon Benham
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