Swearingen v. AT&T Mobility, LLC.
Plaintiff: Gary L. Swearingen
Defendant: AT&T Mobility, LLC. and AT&T Mobility Services, LLC
Case Number: 3:2017cv01242
Filed: November 6, 2017
Court: US District Court for the Middle District of Florida
Office: Jacksonville Office
County: Columbia
Presiding Judge: Patricia D Barksdale
Referring Judge: Timothy J Corrigan
Nature of Suit: Other Statutory Actions
Cause of Action: 29 U.S.C. § 621
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 9, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 9, 2018 Opinion or Order Filing 32 ORDER dismissing this case with prejudice pursuant to #31 the Stipulation of Dismissal. The Clerk should close the file. Signed by Judge Timothy J. Corrigan on 10/9/2018. (JJB)
October 8, 2018 Filing 31 STIPULATION of Dismissal by Gary L. Swearingen. (Burnette, W.)
September 20, 2018 Opinion or Order Filing 30 ORDER re #29 Mediation Report, directing the parties to file a joint motion for dismissal or other appropriate documents to close out the file by 11/19/2018. The Clerk should close the file. Signed by Judge Timothy J. Corrigan on 9/20/2018. (JJB)
September 19, 2018 Filing 29 MEDIATION report Hearing held on September 19, 2018. Hearing outcome: Settled.. (Wolf, Kay)
June 12, 2018 Opinion or Order Filing 28 ENDORSED ORDER granting #27 the plaintiff's unopposed motion for an extension of time to disclose expert witnesses and their reports. The deadline for the plaintiff to disclose expert witnesses and their reports is extended to July 15, 2018. All other deadlines, dates, and directives in #25 the case management and scheduling order remain in effect. Signed by Magistrate Judge Patricia D. Barksdale on 6/12/2018. (ABK)
June 8, 2018 Filing 27 Unopposed MOTION for Extension of Time by Gary L. Swearingen (Burnette, W.). Motions referred to Magistrate Judge Patricia D. Barksdale. Modified on 6/11/2018 to edit text (JSG).
March 29, 2018 Filing 26 CASE REFERRED to Mediation. (JSG)
March 29, 2018 Filing 25 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery deadline is 10/15/2018; Conduct mediation hearing by 10/26/2018; Dispositive and Daubert motions due by 11/5/2018; Pretrial statement due by 3/14/2019; Final Pretrial Conference set for 3/20/2019 at 10:00 AM in Courtroom 10 D before Judge Timothy J. Corrigan; Jury Trial set for trial term commencing 4/1/2019 at 9:00 AM in Courtroom 10 D before Judge Timothy J. Corrigan. Signed by Deputy Clerk on 3/29/2018. (Attachments: #1 Mediation Report form, #2 docket sheet)(MD)
March 8, 2018 Filing 24 ANSWER and affirmative defenses to #22 Amended Complaint by AT&T Mobility Services, LLC.(Diaz-Vazquez, Zahira)
February 21, 2018 Filing 23 FIRST AMENDED CERTIFICATE of interested persons and corporate disclosure statement by Gary L. Swearingen (Burnette, W.). Modified on 2/22/2018 to edit text (JSG).
February 21, 2018 Filing 22 AMENDED COMPLAINT against AT&T Mobility Services, LLC with Jury Demand filed by Gary L. Swearingen (Burnette, W.). (Additional attachment(s) added on 2/22/2018: #1 Exhibit A, #2 Exhibit B) (JSG). Modified on 2/22/2018 to notify counsel to upload exhibits separately from main document and redact personal identifiers in the future. Clerk redacted and re-uploaded docs (JSG).
February 14, 2018 Filing 21 THIRD AMENDED CERTIFICATE of interested persons and corporate disclosure statement re #20 Order by AT&T Mobility, LLC. identifying Corporate Parent SBC Long Distance LLC, Corporate Parent BellSouth Mobile Data, Inc., Corporate Parent SBC Tower Holdings LLC, Other Affiliate AT&T Corp., Other Affiliate AT&T Solutions, Inc., Other Affiliate SBC Telecom, Inc., Other Affiliate AT&T Inc., Other Affiliate AT&T Capital Services, Inc., Other Affiliate JVI General Partnership, Other Affiliate AT&T Portfolio Holdings, Ltd. for AT&T Mobility, LLC (Diaz-Vazquez, Zahira). Modified on 2/14/2018 to edit text (JSG).
February 8, 2018 Opinion or Order Filing 20 ORDER directing defendant to file third amended certificate to include information regarding members of LLCs; filing due by 2/15/2018. Signed by Judge Timothy J. Corrigan on 2/8/2018. (SRW)
February 7, 2018 Filing 19 SECOND AMENDED CERTIFICATE of interested persons and corporate disclosure statement re #18 Order by AT&T Mobility, LLC. identifying Corporate Parent AT&T Inc., Corporate Parent SBC Long Distance LLC, Corporate Parent BellSouth Mobile Data, Inc., Corporate Parent SBC Tower Holdings LLC for AT&T Mobility, LLC (Diaz-Vazquez, Zahira). Modified on 2/7/2018 to edit text (JSG).
February 6, 2018 Opinion or Order Filing 18 ORDER directing defendant to file second amended certificate to include information regarding members of LLC; filing due by 2/15/2018. Signed by Judge Timothy J. Corrigan on 2/6/2018. (SRW)
February 5, 2018 Filing 17 AMENDED CERTIFICATE of interested persons and corporate disclosure statement re #16 Order on motion to dismiss by AT&T Mobility, LLC identifying Corporate Parent SBC Long Distance LLC, Corporate Parent BellSouth Mobile Data, Inc., Corporate Parent SBC Tower Holdings LLC, Other Affiliate AT&T Inc. for AT&T Mobility, LLC (Diaz-Vazquez, Zahira). Modified on 2/6/2018 to edit text (JSG).
January 30, 2018 Opinion or Order Filing 16 ORDER granting #8 motion to dismiss without prejudice to plaintiff filing an amended complaint, which plaintiff shall do no later than 2/23/2018 (defendant's response due 3/19/2018); defendant to file information re: LLC members no later than 2/15/2018; the Court will delay entry of a CMSO until the pleadings are settled. Signed by Judge Timothy J. Corrigan on 1/30/2018.(SRW)
January 8, 2018 Opinion or Order Filing 15 ENDORSED ORDER granting #10 the plaintiff's unopposed motion for an extension of time to respond to #8 the defendant's motion to dismiss, #12 as amended. The Court accepts #11 the plaintiff's response to the motion to dismiss as timely filed. Signed by Magistrate Judge Patricia D. Barksdale on 1/8/2018. (BGK)
January 4, 2018 Filing 14 CASE MANAGEMENT REPORT. (Diaz-Vazquez, Zahira)
January 4, 2018 Filing 13 CERTIFICATE of interested persons and corporate disclosure statement by Gary L. Swearingen. (Burnette, W.)
January 4, 2018 Filing 12 Amended Unopposed MOTION to extend time to December 28, 2017, by Gary L. Swearingen. (Burnette, W.) Motions referred to Magistrate Judge Patricia D. Barksdale. Modified on 1/5/2018 to edit text.(TMC).
December 28, 2017 Filing 11 RESPONSE in Opposition re #8 MOTION to Dismiss Count I of Plaintiff's #1 Complaint filed by Gary L. Swearingen. (Burnette, W.)
December 26, 2017 Filing 10 MOTION to extend time to December 28, 2017 by Gary L. Swearingen. (Burnette, W.) Motions referred to Magistrate Judge Patricia D. Barksdale.
December 12, 2017 Filing 9 CERTIFICATE of interested persons and corporate disclosure statement by AT&T Mobility, LLC. identifying Corporate Parent AT&T Mobility LLC, Corporate Parent AT&T Inc., Corporate Parent SBC Long Distance LLC, Corporate Parent BellSouth Mobile Data, Inc., Corporate Parent SBC Tower Holdings LLC for AT&T Mobility, LLC... (Diaz-Vazquez, Zahira)
December 11, 2017 Filing 8 MOTION to Dismiss Count I of Plaintiff's #1 Complaint by AT&T Mobility, LLC.. (Attachments: #1 Exhibit A - Charge of Discrimination)(Diaz-Vazquez, Zahira) Modified on 12/12/2017 to create docket entry relationship. (TMC)
December 11, 2017 Filing 7 ANSWER and affirmative defenses to #1 Complaint by AT&T Mobility, LLC..(Diaz-Vazquez, Zahira)
November 30, 2017 Filing 6 NOTICE of Appearance by Joyce Ackerbaum Cox on behalf of AT&T Mobility, LLC. (Ackerbaum Cox, Joyce)
November 22, 2017 Opinion or Order Filing 5 ENDORSED ORDER granting #4 the defendant's unopposed motion for an extension of time to respond to #1 the complaint. The defendant must respond to the complaint by December 12, 2017. Signed by Magistrate Judge Patricia D. Barksdale on 11/22/2017. (BGK)
November 21, 2017 Filing 4 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint or Otherwise Plead and Incorporated Memorandum of Law by AT&T Mobility, LLC.. (Diaz-Vazquez, Zahira) Motions referred to Magistrate Judge Patricia D. Barksdale.
November 8, 2017 Filing 3 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 11/8/2017. (Attachments: #1 Case Management Report form, #2 Consent to US Magistrate Judge Jurisdiction letter and form)(MD)
November 6, 2017 Filing 2 SUMMONS issued as to AT&T Mobility, LLC. (MLS)
November 6, 2017 Filing 1 COMPLAINT against AT&T Mobility, LLC. with Jury Demand (Filing fee $ 400.00 receipt number OCA-8589) filed by Gary L. Swearingen. (Attachments: #1 Exhibit A Dismissal and Notice of Rights Letter from EEO Commission, #2 Civil Cover Sheet) (One (1) service copy of complaint provided)(MLS)

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Defendant: AT&T Mobility, LLC.
Represented By: Joyce Ackerbaum Cox
Represented By: Zahira D. Diaz-Vazquez
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Defendant: AT&T Mobility Services, LLC
Represented By: Zahira D. Diaz-Vazquez
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Plaintiff: Gary L. Swearingen
Represented By: W. Mark Burnette
Represented By: Sarah Lorene Acree
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