Johnson v. Pride Industries
| PRIDE INDUSTRIES, INCORPORATED |
| MICHAEL JOHNSON |
| Equal Employment Opportunity Commission |
| 19-50173 |
| March 1, 2019 |
| U.S. Court of Appeals, Fifth Circuit |
| Jobs (Civil Rights) |
Opinions
We have the following opinions for this case:
| Description |
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 Johnson v. PRIDE Industries, Inc.
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Docket Report
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This docket was last retrieved on August 30, 2021. A more recent docket listing may be available from PACER.
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Filing 79
MANDATE ISSUED. Mandate issue date satisfied. [19-50173] (LEF) [Entered: 08/30/2021 04:23 PM]
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Filing 75
JUDGMENT ENTERED AND FILED. Costs Taxed Against: each party to bear its own costs. [19-50173] (WMJ) [Entered: 08/06/2021 11:30 AM]
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Filing 74
PUBLISHED OPINION FILED. [19-50173 Affirmed in Part] Judge: JLD, Judge: JWE, Judge: GJC. Mandate issue date is 08/30/2021. [19-50173] (This opinion includes URL material that is archived by the Fifth Circuit Court of Appeals Library, and made available at http://www.lb5.uscourts.gov/ArchivedURLS/.) (WMJ) [Entered: 08/06/2021 11:25 AM]
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Filing 70
ORAL ARGUMENT HEARD before Judges Dennis, Elrod, Costa. Arguing Person Information Updated for: Gerard Frederick Bifulco arguing for Appellant Michael Johnson; Arguing Person Information Updated for: Clara Beth Burns arguing for Appellee Incorporated Pride Industries; Arguing Person Information Updated for: Gail S. Coleman arguing for Amicus Curiae Equal Employment Opportunity Commission [19-50173] (SME) [Entered: 06/02/2020 04:31 PM]
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Filing 68
SUPPLEMENTAL LETTER REPLY BRIEF FILED by Mr. Michael Johnson [19-50173] (MBC) [Entered: 05/19/2020 03:40 PM]
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Filing 67
COURT ORDER granting opposed Motion to file supplemental reply brief filed by Appellant Mr. Michael Johnson [ # 65 ] [19-50173] (MBC) [Entered: 05/19/2020 03:36 PM]
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Filing 65
OPPOSED MOTION filed by Appellant Mr. Michael Johnson to file supplemental reply brief [65] Supplemental brief included? Yes. Date of service: 05/18/2020 via email - Attorney for Appellant: Bifulco; Attorney for Appellee: Burns; Attorney for Amicus Curiae: Coleman [19-50173] (Gerard Frederick Bifulco ) [Entered: 05/18/2020 08:33 PM]
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Filing 63
APPELLEE'S SUPPLEMENTAL BRIEF FILED E/Res's Supplemental Brief deadline satisfied [19-50173] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S LETTER BRIEF FILED by Pride Industries, Incorporated. Date of service: 05/15/2020 via email - Attorney for Appellant: Bifulco; Attorney for Appellee: Burns; Attorney for Amicus Curiae: Coleman [19-50173] (Clara Beth Burns ) [Entered: 05/15/2020 05:04 PM]
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Filing 62
APPELLANT'S SUPPLEMENTAL LETTER BRIEF FILED. A/Pet's Supplemental Brief deadline satisfied [19-50173] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: FILING LETTER of Mr. Michael Johnson adopting brief of Appellant Mr. Michael Johnson Date of Service: 05/08/2020 via email - Attorney for Appellant: Bifulco; Attorney for Appellee: Burns; Attorney for Amicus Curiae: Coleman [19-50173] (Gerard Frederick Bifulco ) [Entered: 05/08/2020 08:16 PM]
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Filing 60
LETTER filed by Appellant Mr. Michael Johnson Date of Service: 05/08/2020 via email - Attorney for Appellant: Bifulco; Attorney for Appellee: Burns; Attorney for Amicus Curiae: Coleman [19-50173] (Gerard Frederick Bifulco ) [Entered: 05/08/2020 12:00 PM]
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Filing 59
COURT ORDER granting Motion participate in oral argument filed by Amicus Curiae EEOC [ # 57 ] [19-50173] (SME) [Entered: 05/07/2020 08:12 AM]
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Filing 57
OPPOSED MOTION filed by Amicus Curiae EEOC to participate in oral argument [57]. Date of service: 04/29/2020 via email - Attorney for Appellant: Bifulco; Attorney for Appellee: Burns; Attorney for Amicus Curiae: Coleman [19-50173] (Gail S. Coleman ) [Entered: 04/29/2020 12:30 PM]
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Filing 55
COURT ORDER appointing Gerard Bifulco as pro bono counsel [55]; [55] A/Pet Supplemental Brief due on 05/08/2020 for Appellant Michael Johnson.. E/Res Supplemental Brief due on 05/15/2020 for Appellee Pride Industries, Incorporated. [19-50173] (IN DETAIL) (MVM) [Entered: 04/28/2020 12:24 PM]
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Filing 53
CASE CALENDARED for oral argument on Tuesday, 06/02/2020 in New Orleans in the East Courtroom -- PM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court's docket and an acknowledgment form. All other counsel of record should monitor the court's website for the posting of the oral argument calendars PLEASE NOTE: Argument could be heard via video or audio conferencing, converted to submission on the briefs and record on file, or rescheduled to a later date. [19-50173] (GAM) [Entered: 04/27/2020 06:14 AM]
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Filing 52
CASE TENTATIVELY calendared for oral argument for the week of 06/01/2020. [19-50173] (GAM) [Entered: 04/27/2020 06:10 AM]
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Filing 49
COURT ORDER - Having reviewed the briefing, the court is of the belief that it would be best served by appointing pro bono counsel to represent Michael Johnson for proceedings before this court. Counsel will be appointed from the court's Pro Bono Program. Counsel is ORDERED to submit a supplemental letter brief, not exceeding 15 pages. Appellee is invited to submit a response, not exceeding 10 pages, to the appellant's supplemental letter brief. The supplemental briefing deadlines will be set once pro bono counsel is appointed. Should oral argument be granted, pro bono counsel will be expected to participate. [49] [19-50173] (MVM) [Entered: 04/16/2020 02:53 PM]
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Filing 41
PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellant Mr. Michael Johnson in 19-50173 [ # 31 ] Record Excerpts have been deemed sufficient. Sufficient Record Excerpts deadline satisfied [19-50173] (MVM) [Entered: 01/16/2020 02:02 PM]
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Filing 39
PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellant Mr. Michael Johnson in 19-50173 [ # 31 ] Record Excerpts have been deemed insufficient. Corrections required: table of contents must include the record citation next to each document listed; a complete copy of the district court docket sheets is required. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Record Excerpts deadline updated to 12/05/2019 for Appellant Michael Johnson [19-50173] (SDH) [Entered: 11/22/2019 01:05 PM]
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Filing 37
PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellant Mr. Michael Johnson in 19-50173 [ # 31 ] Record Excerpts have been deemed insufficient. Corrections required: table of contents must include record citations next to each document listed; must include a complete district court docket sheet(s) and the docket sheet must go under tab 1. Optional contents exceed page limitations by 11 pages. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Record Excerpts deadline updated to 11/06/2019 for Appellant Michael Johnson [19-50173] (SDH) [Entered: 10/23/2019 10:59 AM]
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Filing 34
ATTORNEY NOT PARTICIPATING. Scott Kendall is designated as inactive in this case. Reason:no longer with firm. [19-50173] (MBC) [Entered: 09/23/2019 10:47 AM]
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Filing 35
PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellant Mr. Michael Johnson in 19-50173 [ # 31 ] Record Excerpts have been deemed insufficient. Corrections required: must include a complete copy of the district court docket sheet(s); table of contents must include the proper record citations.. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Record Excerpts deadline updated to 10/09/2019 for Appellant Michael Johnson [19-50173] (SDH) [Entered: 09/25/2019 11:16 AM]
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Filing 33
PROPOSED SUFFICIENT BRIEF filed by Appellant Mr. Michael Johnson in 19-50173 [ # 16 ] Brief has been deemed sufficient. Sufficient Brief deadline satisfied [19-50173] (SDH) [Entered: 09/20/2019 04:06 PM]
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Filing 31
SUFFICIENT RECORD EXCERPTS FILED. [19-50173] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Mr. Michael Johnson. Record Excerpts NOT Sufficient as they require caption to be corrected, record citations must be included on table of contents, a complete copy of district court's docket, and tabs required. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 4 Record Excerpts deadline satisfied. Sufficient Record Excerpts due on 09/04/2019 for Appellant Michael Johnson [19-50173] (SDH) [Entered: 08/21/2019 03:13 PM]
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Filing 30
PROPOSED SUFFICIENT BRIEF filed by Appellant Mr. Michael Johnson in 19-50173 [ # 16 ] Brief has been deemed insufficient. Corrections required: the citations to the record. Additional corrections required: certificate of service required and caption is incorrect. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Brief deadline updated to 09/04/2019 for Appellant Michael Johnson [19-50173] (SDH) [Entered: 08/21/2019 02:37 PM]
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Filing 29
BRIEFING COMPLETE.Reply Brief deadline canceled [19-50173] (MVM) [Entered: 08/06/2019 08:10 AM]
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Filing 25
Paper copies of Appellee Brief filed by Appellee Pride Industries, Incorporated in 19-50173 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [19-50173] (CMB) [Entered: 07/15/2019 11:11 AM]
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Filing 24
APPELLEE'S BRIEF FILED # of Copies Provided: 0 E/Res's Brief deadline satisfied. Reply Brief due on 07/31/2019 for Appellant Michael Johnson. Paper Copies of Brief due on 07/16/2019 for Appellee Pride Industries, Incorporated. [19-50173] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by Pride Industries, Incorporated. Date of service: 07/10/2019 via email - Attorney for Appellees: Burns, Kendall; Attorney for Amicus Curiae: Coleman; US mail - Appellant Johnson [19-50173] (Clara Beth Burns ) [Entered: 07/10/2019 03:59 PM]
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Filing 21
Paper copies of Amicus Brief filed by EEOC in 19-50173 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [19-50173] (RSM) [Entered: 06/25/2019 10:43 AM]
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Filing 20
APPEARANCE FORM FILED by Attorney Gail S. Coleman for Amicus Curiae EEOC in 19-50173 [19-50173] (SDH) [Entered: 06/20/2019 02:18 PM]
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Filing 19
APPEARANCE FORM for the court's review. Lead Counsel? Yes. [19-50173] (Gail S. Coleman ) [Entered: 06/17/2019 01:35 PM]
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Filing 18
AMICUS CURIAE BRIEF FILED by EEOC. Consent is Not Necessary as Amicus is a Government Entity. # of Copies Provided: 0 Paper Copies of Brief due on 06/24/2019 for Amicus Curiae Equal Employment Opportunity Commission. [19-50173] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Equal Employment Opportunity Commission. Date of service: 06/17/2019 via email - Attorney for Appellees: Burns, Kendall; 3rd party - Appellant Johnson [19-50173] (Gail S. Coleman ) [Entered: 06/17/2019 01:31 PM]
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Filing 16
APPELLANT'S BRIEF FILED by Mr. Michael Johnson. Brief NOT Sufficient as it requires a single statement of the case for appellant's brief. Additionally the Brief requires: caption does not match our official caption; the standard of review, argument, summary of argument, and conclusion should be listed in the table of contents; the title page must be printed on the blue covers; record citations are required; and record excerpts must be filed separately. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. A/Pet's Brief deadline satisfied. Record Excerpts due on 06/24/2019 for Appellant Michael Johnson. Sufficient Brief due on 06/24/2019 for Appellant Michael Johnson.. Appellee's Brief due on 07/10/2019 for Appellee Pride Industries, Incorporated [19-50173] (SDH) [Entered: 06/11/2019 03:28 PM]
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Filing 15
CLERK ORDER granting Motion to extend time to file appellant's brief filed by Appellant Mr. Michael Johnson [ # 14 ] A/Pet's Brief deadline updated to 06/10/2019 for Appellant Michael Johnson [19-50173] (MVM) [Entered: 05/08/2019 08:20 AM]
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Filing 14
UNOPPOSED MOTION filed by Appellant Mr. Michael Johnson to extend time to file brief as appellant until 06/09/2019 [14]. Document is insufficient for the following reasons: no certifcate of service was included in the motion; however, I contacted opposing counsel with a copy of this request and they are not opposed to this motion [19-50173] (MVM) [Entered: 05/08/2019 08:19 AM]
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Filing 13
BRIEFING NOTICE ISSUED A/Pet's Brief Due on 05/13/2019 for Appellant Michael Johnson. [19-50173] (MRB) [Entered: 04/01/2019 10:38 AM]
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Filing 12
ELECTRONIC RECORD ON APPEAL FILED. Exhibits on File in District Court? No. Electronic ROA deadline satisfied. [19-50173] (MRB) [Entered: 04/01/2019 10:38 AM]
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| APPEARANCE FORM FILED by Attorney(s) Scott W. Kendall for party(s) Appellee Pride Industries, Incorporated, in case 19-50173 [19-50173] (SDH) [Entered: 03/13/2019 08:12 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [19-50173] (Scott W. Kendall ) [Entered: 03/11/2019 01:49 PM] |
| APPEARANCE FORM FILED by Attorney Clara Beth Burns for Appellee Pride Industries, Incorporated in 19-50173 [19-50173] (SDH) [Entered: 03/08/2019 10:43 AM] |
| APPEARANCE FORM received from Ms. Clara Beth Burns for Pride Industries, Incorporated for the court's review. Lead Counsel? Yes. [19-50173] (Clara Beth Burns ) [Entered: 03/07/2019 04:03 PM] |
| INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [8998100-2] Initial AA Check Due satisfied. [19-50173] (WMJ) [Entered: 03/06/2019 12:56 PM] |
| ELECTRONIC RECORD ON APPEAL REQUESTED FROM DISTRICT COURT for 3:18-CV-44. Electronic ROA due on 03/21/2019. [19-50173] (WMJ) [Entered: 03/06/2019 01:08 PM] |
| CIVIL RIGHTS CASE docketed. NOA filed by Appellant Mr. Michael Johnson [19-50173] (WMJ) [Entered: 03/01/2019 08:53 AM] |
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