Halliburton v. Segway, Inc.
| Scott Halliburton |
| Segway, Inc. |
| 5:2023cv05098 |
| June 21, 2023 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Civil Rights: Jobs |
| 29 U.S.C. ยง 623 Job Discrimination (Age) |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 14 MEMORANDUM BRIEF in Support of #13 MOTION to Compel Arbitration by Segway, Inc.. (Frase, John) |
| Filing 13 MOTION to Compel Arbitration by Segway, Inc.. (Attachments: #1 Exhibit)(Frase, John) |
| Filing 12 INITIAL SCHEDULING ORDER: Case Management Hearing set for 9/28/2023 10:30 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 9/19/2023. Signed by Honorable Timothy L. Brooks on August 14, 2023. (slc) |
| Filing 11 TEXT ONLY ORDER denying #8 Motion to Strike Answer #8 . Plaintiff is correct that Defendant's answer was filed six days late. However, counsel for Defendant admits that the lateness was due to a calendaring error on his part, which the Court finds constitutes excusable neglect under the circumstances. This case is in its infancy, discovery has not yet begun, no scheduling order has been issued by the Court, and Plaintiff will suffer no prejudice if the Court permits the late filing. Further, the Court retains broad discretion to accept a late filing, and the Eighth Circuit's guidance on the matter indicates that "[m]otions to strike under Fed. R. Civ. P. 12(f) are viewed with disfavor and are infrequently granted." Lunsford v. United States, 570 F.2d 221, 229 (8th Cir. 1977) (citing 5 Wright & Miller, Federal Practice and Procedure: Civil 1380 at 783 (1969)). Signed by Honorable Timothy L. Brooks on August 2, 2023. (ee) |
| Filing 10 RESPONSE IN OPPOSITION TO Motion re #8 MOTION to Strike #7 Answer to Complaint (Attorney filed Complaint) filed by Segway, Inc.. (Frase, John) |
| Filing 9 MEMORANDUM BRIEF in Support of #8 MOTION to Strike #7 Answer to Complaint (Attorney filed Complaint) by Scott Halliburton. (Wood, Stephen) |
| Filing 8 MOTION to Strike #7 Answer to Complaint (Attorney filed Complaint) by Scott Halliburton. (Wood, Stephen) |
| Filing 7 ANSWER to #2 Complaint by Segway, Inc..(Frase, John) |
| Filing 6 AFFIDAVIT of Service for Complaint and Summons, filed by Scott Halliburton. Segway, Inc. served on 7/5/2023, answer due 7/26/2023. (Wood, Stephen) |
| Filing 5 Magistrate Notice/Consent Form (bjb) |
| Filing 4 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Segway, Inc. and returned to attorney or plaintiff for service. YOU MUST PRINT THIS ISSUED SUMMONS, WHICH IS THE MAIN DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (bjb) |
| Filing 3 THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to Segway, Inc. for service of the following document: #2 Complaint. (Wood, Stephen) |
| Filing 2 COMPLAINT with Jury Demand against Segway, Inc. ( Filing fee $ 402 receipt number BARWDC-2793748), filed by Scott Halliburton.(Wood, Stephen) |
| Filing 1 CIVIL COVER SHEET by Scott Halliburton. Please proceed with filing your case initiating document(s).If the case initiating documents are not filed by Close of Business the next business day, this file may be closed.A civil action is commenced by filing a complaint with the Court (Fed.R.Civ.P.3). (lgd) |
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| Plaintiff: Scott Halliburton | |
| Represented By: | Stephen Lee Wood |
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| Defendant: Segway, Inc. | |
| Represented By: | John Frase |
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