LOBERGER et al v. DEL-JEN INC et al
RAYMOND MILLER and RICHARD LOBERGER |
DEL-JEN INC and J&J MAINTENANCE INC |
5:2013cv00299 |
September 5, 2013 |
US District Court for the Northern District of Florida |
Panama City Office |
Bay |
CHARLES J KAHN |
RICHARD SMOAK |
Civil Rights: Other |
28 U.S.C. § 1343 |
Plaintiff |
Docket Report
This docket was last retrieved on July 24, 2015. A more recent docket listing may be available from PACER.
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Filing 105 MANDATE of USCA as to #87 Notice of Appeal. USCA #14-13158-FF. Affirmed (jcw) |
Filing 104 USCA OPINION as to #87 Notice of Appeal filed by RICHARD LOBERGER, RAYMOND MILLER, USCA # 14-13158-FF: AFFIRMED. (jws) |
Filing 103 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal re: #87 Notice of Appeal, Appeal No. 14-13158-FF. The entire record on appeal is available electronically. (jcw) |
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Filing 101 MANDATE of USCA as to #87 Notice of Appeal. USCA Case Number 14-13158-FF. Dismissed for failure to prosecute. (jcw) |
Filing 100 TAXATION OF COSTS BY CLERK (Del-Jen Inc). Costs Taxed in the amount of $5,346.22 against Plaintiffs. (tdg) |
Filing 99 TAXATION OF COSTS BY CLERK (J & J Maintenance Inc). Costs Taxed in the amount of $3,423.75 against Plaintiff. (tdg) |
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE RICHARD SMOAK notified that action is needed Re: #97 Response in Opposition to Motion, #96 MOTION for Attorney Fees (jcw) |
Filing 97 RESPONSE in Opposition re #96 MOTION for Attorney Fees And Demand for Fees Pursuant to 28 U.S.C. 1927 Against Defendant's Counsel filed by RICHARD LOBERGER, RAYMOND MILLER. (GARRITY, JAMES) |
Set/Reset Deadline - #85 Motion for Bill of Costs, #86 Motion for Bill of Costs referred. Clerk to check status on 10/24/2014. (jcw) |
Filing 96 MOTION for Attorney Fees by J&J MAINTENANCE INC. (LAIL, PATRICK) |
Set/Reset Deadlines as to #96 MOTION for Attorney Fees . (Internal deadline for referral to judge if response not filed earlier: 8/11/2014). (jcw) |
Filing 95 USCA Case Number 14-13158-FF for #87 NOTICE OF APPEAL (jcw) |
Filing 94 TRANSCRIPT REQUEST by RICHARD LOBERGER, RAYMOND MILLER Court Reporter:N/A (MATTOX, MARIE) |
Filing 93 ATTORNEY TIME RECORDS - SEALED PORTION by RICHARD LOBERGER, RAYMOND MILLER. (MATTOX, MARIE) |
Filing 92 ATTORNEY TIME RECORDS by RICHARD LOBERGER, RAYMOND MILLER. (MATTOX, MARIE) |
Filing 91 ATTORNEY TIME RECORDS - SEALED PORTION by J&J MAINTENANCE INC. (LIBBY, SEAN) |
Filing 90 ATTORNEY TIME RECORDS by J&J MAINTENANCE INC. (LIBBY, SEAN) |
Filing 89 Appeal Instructions re: #87 Notice of Appeal : The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter. Transcript Order Form due by 7/29/2014. (jcw) |
Filing 88 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #87 Notice of Appeal ; (jcw) |
Filing 87 NOTICE OF APPEAL by RICHARD LOBERGER, RAYMOND MILLER. ( Filing fee $505 Receipt Number 1129-2998181.) (Attachments: #1 Exhibit A, #2 Exhibit B) (MATTOX, MARIE) |
Filing 86 BILL OF COSTS by DEL-JEN INC. (Attachments: #1 Exhibit A - Itemization of all costs, #2 Exhibit B - Documentation of all costs) (SEEGERS, JAMES) Modified on 7/15/2014 (jcw). |
Filing 85 BILL OF COSTS by J&J MAINTENANCE INC. (Attachments: #1 Exhibit, #2 Exhibit) (LAIL, PATRICK) Modified on 7/11/2014 (jcw). |
Filing 84 JUDGMENT in favor of DEL-JEN INC, J&J MAINTENANCE INC against RAYMOND MILLER, RICHARD LOBERGER. Signed by JUDGE RICHARD SMOAK on 7/2/2014. (jcw) |
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Filing 82 NOTICE of Appearance by STANFORD GLENN WILSON on behalf of J&J MAINTENANCE INC (WILSON, STANFORD) |
Filing 81 Proposed Verdict Form by RICHARD LOBERGER, RAYMOND MILLER. (GARRITY, JAMES) |
Filing 80 Proposed Jury Instructions by RICHARD LOBERGER, RAYMOND MILLER. (GARRITY, JAMES) |
Filing 79 TRIAL BRIEF by DEL-JEN INC. (SEEGERS, JAMES) |
Filing 78 Proposed Jury Instructions by DEL-JEN INC. (SEEGERS, JAMES) |
Filing 77 Proposed Voir Dire by DEL-JEN INC. (SEEGERS, JAMES) |
Filing 76 Proposed Verdict Form by DEL-JEN INC. (SEEGERS, JAMES) |
Filing 75 TRIAL BRIEF by J&J MAINTENANCE INC. (LAIL, PATRICK) |
Filing 74 Proposed Jury Instructions by J&J MAINTENANCE INC. (LAIL, PATRICK) |
Filing 73 Proposed Voir Dire by J&J MAINTENANCE INC. (LAIL, PATRICK) |
Filing 72 Proposed Verdict Form by J&J MAINTENANCE INC. (LAIL, PATRICK) |
Filing 71 NOTICE Of Filing Plaintiff's Objections To Defendants' Exhibits by RICHARD LOBERGER, RAYMOND MILLER re #70 Pretrial Memorandum (GARRITY, JAMES) |
Filing 70 PRETRIAL Stipulation by J&J MAINTENANCE INC. (LAIL, PATRICK) |
Filing 69 RESPONSE to Motion re #66 MOTION in Limine and Incorporated Memorandum in Support filed by RICHARD LOBERGER, RAYMOND MILLER. (GARRITY, JAMES) |
Filing 68 ATTORNEY TIME RECORDS - SEALED PORTION by RICHARD LOBERGER, RAYMOND MILLER. (MATTOX, MARIE) |
Filing 67 ATTORNEY TIME RECORDS by RICHARD LOBERGER, RAYMOND MILLER. (MATTOX, MARIE) |
Set/Reset Deadlines as to #66 MOTION in Limine and Incorporated Memorandum in Support. (Internal deadline for referral to judge if response not filed earlier: 6/18/2014). (jcw) |
Filing 66 MOTION in Limine and Incorporated Memorandum in Support by J&J MAINTENANCE INC. (Attachments: #1 Text of Proposed Order) (LAIL, PATRICK) |
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE RICHARD SMOAK notified that action is needed Re: #64 Reply to Response to Motion (jcw) |
Filing 64 REPLY to Response to Motion re #43 MOTION for Summary Judgment filed by J&J MAINTENANCE INC. (LAIL, PATRICK) |
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE RICHARD SMOAK notified that action is needed Re: #62 Response in Opposition to Motion, #61 MOTION for Leave to File re #55 Statement of Facts, #57 Response in Opposition to Motion (jcw) |
Filing 62 RESPONSE in Opposition re #61 MOTION for Leave to File re #55 Statement of Facts, #57 Response in Opposition to Motion filed by RICHARD LOBERGER, RAYMOND MILLER. (GARRITY, JAMES) |
Filing 61 MOTION for Leave to File re #55 Statement of Facts, #57 Response in Opposition to Motion by J&J MAINTENANCE INC. (Attachments: #1 Exhibit) (LAIL, PATRICK) |
Filing 60 NOTICE (Refiling of Exhibit 22, Complete Declaration of Denise Garza - Copy Filed May 29, 2014 Missing Pages) by RICHARD LOBERGER, RAYMOND MILLER re #54 Notice (Other),,,,,,,, (GARRITY, JAMES) |
Filing 59 NOTICE of Filing Plaintiffs' Statement Pertinent To Document 41 Pursuant To N.D.Fla.Loc.R. 56.1(A) and Paragraph 10 of October 10, 2013 Initial Scheduling Order by RICHARD LOBERGER, RAYMOND MILLER re #41 Statement of Facts (GARRITY, JAMES) |
Filing 58 NOTICE of Filing Plaintiffs Statement Pertinent To Document 44 Pursuant To N.D.Fla.Loc.R. 56.1(A) and Paragraph 10 of October 10, 2013 Initial Scheduling Order by RICHARD LOBERGER, RAYMOND MILLER re #44 Statement of Facts (GARRITY, JAMES) |
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE RICHARD SMOAK notified that action is needed Re: #56 Response in Opposition to Motion, #57 Response in Opposition to Motion, #40 MOTION for Summary Judgment , #43 MOTION for Summary Judgment (jcw) |
Filing 57 RESPONSE in Opposition re #43 MOTION for Summary Judgment , #40 MOTION for Summary Judgment filed by RICHARD LOBERGER, RAYMOND MILLER. (GARRITY, JAMES) |
Filing 56 RESPONSE in Opposition re #43 MOTION for Summary Judgment , #40 MOTION for Summary Judgment filed by RICHARD LOBERGER, RAYMOND MILLER. (GARRITY, JAMES) |
Filing 55 STATEMENT OF FACTS In Opposition to Both Defendants' Motions for Summary Judgment Re: #54 Notice (Other),,,,,,,,. (GARRITY, JAMES) |
Filing 54 NOTICE Of Plaintiff's Filing Exhibits In Support of Denial of Defendant's Motions for Summary Judgment (Joint Notice - Exhibits Apply to Both Defendants' Motions) by RICHARD LOBERGER, RAYMOND MILLER (Attachments: #1 Exhibit 1 - Winning Candidates for Positions Sought by Plaintiffs November 2012, #2 Exhibit 2 - Ray Miller Charge of Discrimination, #3 Exhibit 3 - Richard Loberger Charge of Discrimination, #4 Exhibit 4 - Credentials Comparison Chart for 2012 positions, #5 Exhibit 5 - J & J Published Position Description, Pest Controller, #6 Exhibit 6 - Richard Loberger 2012 & 2013 Application Materials for J & J Positions, #7 Exhibit 7 - Doug Bailey 2012 Positions Comparator Materials, #8 Exhibit 8 - Andy Fox 2012 Positions Comparator Materials, #9 Exhibit 9 - Robert Nowaczyk - 2012 Positions Comparator Materials, #10 Exhibit 10 - Raymond Miller 2012 & 2013 Application Materials for J & J Positions, #11 Exhibit 11a - Raymond Miller Deposition Part A, #12 Exhibit 11b - Raymond Miller Deposition Part B, #13 Exhibit 11c - Raymond Miller Deposition Part C, #14 Exhibit 11d - Raymond Miller Deposition Part D, #15 Exhibit 12 - Internal Age Discrimination Complaints by Both Plaintiffs to Del-Jen, Given to Robert Bushway, #16 Exhibit 13 - Defendant Del-Jen's Interrogatory Answers, #17 Exhibit 14a - Richard Loberger Deposition Part A, #18 Exhibit 14b - RIchard Loberger Deposition Part B, #19 Exhibit 14c - Richard Loberger Deposition Part C, #20 Exhibit 14d - Richard Loberger Deposition Part D, #21 Exhibit 15 - Charges of Discrimination, #22 Exhibit 16a - Deposition of Marge Loberger Part A, #23 Exhibit 16b - Deposition of Marge Loberger Part B, #24 Exhibit 17 - J & J Interrogatory Answers, #25 Exhibit 18 - Robert Bushway Deposition Excerpts, #26 Exhibit 19 - Del-Jen Website Promoting Work at Tyndall AFB 2014, #27 Exhibit 20 - J & J Rule 26 Disclosures, #28 Exhibit 21 - Emmett Shaffer Declaration with Attachments, #29 Exhibit 22 - Denise Garza Declaration, #30 Exhibit 23 - Photograph of Richard Loberger, #31 Exhibit 24 - Photograph of Raymond Miller) (GARRITY, JAMES) |
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Filing 52 RESPONSE to Motion re #51 MOTION for Extension of Time to File Response/Reply as to #43 MOTION for Summary Judgment , #40 MOTION for Summary Judgment (Requesting Enlargement to and Including June 5, 2014) filed by J&J MAINTENANCE INC. (LAIL, PATRICK) |
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE RICHARD SMOAK notified that action is needed Re: #51 MOTION for Extension of Time to File Response/Reply as to #43 MOTION for Summary Judgment , #40 MOTION for Summary Judgment (Requesting Enlargement to and Including June 5, 2014) (jcw) |
Filing 51 MOTION for Extension of Time to File Response/Reply as to #43 MOTION for Summary Judgment , #40 MOTION for Summary Judgment (Requesting Enlargement to and Including June 5, 2014) by RICHARD LOBERGER, RAYMOND MILLER. (Attachments: #1 Exhibit A - Order) (GARRITY, JAMES) |
Filing 50 ATTORNEY TIME RECORDS - SEALED PORTION by RICHARD LOBERGER, RAYMOND MILLER. (MATTOX, MARIE) |
Filing 49 ATTORNEY TIME RECORDS by RICHARD LOBERGER, RAYMOND MILLER. (MATTOX, MARIE) |
Filing 48 ATTORNEY TIME RECORDS - SEALED PORTION by J&J MAINTENANCE INC. (LIBBY, SEAN) |
Filing 47 ATTORNEY TIME RECORDS by J&J MAINTENANCE INC. (LIBBY, SEAN) |
Filing 46 NOTICE of Filing Deposition Transcript by DEL-JEN INC re #45 Notice (Other) (Attachments: #1 Exhibit A - Deposition of Scott Blood, taken on March 11, 2014) (SEEGERS, JAMES) |
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE RICHARD SMOAK notified that action is needed Re: #45 Notice (Other) (jcw) |
Filing 45 NOTICE of Request for Filing of Original Discovery Materials by J&J MAINTENANCE INC re #43 MOTION for Summary Judgment (LAIL, PATRICK) |
Filing 44 STATEMENT OF FACTS Re: #43 MOTION for Summary Judgment . (LAIL, PATRICK) |
Filing 43 MOTION for Summary Judgment by J&J MAINTENANCE INC. (Internal deadline for referral to judge if response not filed earlier: 5/23/2014). (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Memorandum in Support, #3 Exhibit Declaration of Douglas Bailey, #4 Exhibit Declaration of Robert Bushway, #5 Exhibit Declaration of Timothy Ferry, #6 Exhibit Declaration of Nathan Fulmer Part 1, #7 Exhibit Declaration of Nathan Fulmer Part 2, #8 Exhibit Declaration of Denise Garza Part 1, #9 Exhibit Declaration of Denise Garza Part 2, #10 Exhibit Declaration of Kyle Henson, #11 Exhibit Declaration of Timothy Lewis, #12 Exhibit Declaration of Emmett Shaffer Part 1, #13 Exhibit Declaration of Emmett Shaffer Part 2, #14 Exhibit Declaration of Thomas Spragg) (LAIL, PATRICK) |
Filing 42 NOTICE of Filing Deposition Transcripts and Declaration by DEL-JEN INC re #40 MOTION for Summary Judgment , #41 Statement of Facts (Attachments: #1 Exhibit A - Deposition of Plaintiff, Richard Loberger (Volume 1), taken on February 25, 2014, #2 Exhibit B - Deposition of Plaintiff, Richard Loberger (Volume 2), taken on February 25, 2014, #3 Exhibit C - Exhibits 1 through 8 to the Deposition of Plaintiff, Richard Loberger, #4 Exhibit D - Exhibits 9 through 21 to the Deposition of Plaintiff, Richard Loberger, #5 Exhibit E - Deposition of Plaintiff, Raymond Miller (Volume 1), taken on February 26, 2014, #6 Exhibit F - Deposition of Plaintiff, Raymond Miller (Volume 2), taken on February 26, 2014, #7 Exhibit G - Exhibits to the Deposition of Plaintiff, Raymond Miller, #8 Exhibit H - Deposition of Robert Bushway, taken on March 11, 2014, #9 Exhibit I - Deposition of Margaret Loberger, with exhibits, taken on March 11, 2014, #10 Exhibit J - Deposition of Jeff Jordan, taken on March 11, 2014, #11 Exhibit K - Deposition of Jeff Jordan, taken on April 3, 2014, #12 Exhibit L - Deposition of Kyle Henson, taken on February 18, 2014, #13 Exhibit M - Declaration of Robert Bushway, dated May 5, 2014) (SEEGERS, JAMES) |
Filing 41 STATEMENT OF FACTS Re: #40 MOTION for Summary Judgment . (SEEGERS, JAMES) |
Filing 40 MOTION for Summary Judgment by DEL-JEN INC. (Internal deadline for referral to judge if response not filed earlier: 5/23/2014). (SEEGERS, JAMES) |
Filing 39 MEDIATION REPORT - Impasse (JOHNSON, KELLY) |
Filing 38 ATTORNEY TIME RECORDS - SEALED PORTION by RICHARD LOBERGER, RAYMOND MILLER. (MATTOX, MARIE) |
Filing 37 ATTORNEY TIME RECORDS by RICHARD LOBERGER, RAYMOND MILLER. (MATTOX, MARIE) |
Filing 36 ATTORNEY TIME RECORDS - SEALED PORTION by J&J MAINTENANCE INC. (LIBBY, SEAN) |
Filing 35 ATTORNEY TIME RECORDS by J&J MAINTENANCE INC. (LIBBY, SEAN) |
Filing 34 ATTORNEY TIME RECORDS - SEALED PORTION by DEL-JEN INC. (SEEGERS, JAMES) |
Filing 33 ATTORNEY TIME RECORDS by DEL-JEN INC. (SEEGERS, JAMES) |
Filing 32 Amended NOTICE OF MEDIATION re Scheduling by DEL-JEN INC (SEEGERS, JAMES) |
Filing 31 NOTICE OF MEDIATION re Scheduling by DEL-JEN INC (SEEGERS, JAMES) |
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE RICHARD SMOAK notified that action is needed Re: #28 Joint MOTION to Extend Time to Extend Deadlines (jem) |
Filing 28 Joint MOTION to Extend Time to Extend Deadlines by J&J MAINTENANCE INC. (Attachments: #1 Text of Proposed Order) (LAIL, PATRICK) |
Filing 27 ATTORNEY TIME RECORDS - SEALED PORTION by RICHARD LOBERGER, RAYMOND MILLER. (MATTOX, MARIE) |
Filing 26 ATTORNEY TIME RECORDS by RICHARD LOBERGER, RAYMOND MILLER. (MATTOX, MARIE) |
Filing 25 ATTORNEY TIME RECORDS - SEALED PORTION by RICHARD LOBERGER, RAYMOND MILLER. (MATTOX, MARIE) |
Filing 24 ATTORNEY TIME RECORDS by RICHARD LOBERGER, RAYMOND MILLER. (MATTOX, MARIE) |
Filing 23 ATTORNEY TIME RECORDS - SEALED PORTION by RICHARD LOBERGER, RAYMOND MILLER. (MATTOX, MARIE) |
Filing 22 ATTORNEY TIME RECORDS by RICHARD LOBERGER, RAYMOND MILLER. (MATTOX, MARIE) |
Filing 21 ATTORNEY TIME RECORDS - SEALED PORTION by RICHARD LOBERGER, RAYMOND MILLER. (MATTOX, MARIE) |
Filing 20 ATTORNEY TIME RECORDS by RICHARD LOBERGER, RAYMOND MILLER. (MATTOX, MARIE) |
Filing 19 ANSWER to #15 Amended Complaint by DEL-JEN INC. (SEEGERS, JAMES) |
Filing 18 Defendant J&J Maintenance, Inc.'s Answer to Plaintiffs' Amended Complaint ANSWER to #15 Amended Complaint by J&J MAINTENANCE INC. (LAIL, PATRICK) |
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE RICHARD SMOAK notified that action is needed Re: #13 Report of Rule 26(f) Planning Meeting - Scheduling and Mediation Order needed, #14 MOTION to Amend/Correct Complaint (jcw) |
Filing 15 First AMENDED COMPLAINT against DEL-JEN INC, J&J MAINTENANCE INC, filed by RICHARD LOBERGER, RAYMOND MILLER. (GARRITY, JAMES) |
Filing 14 MOTION to Amend/Correct Complaint by RICHARD LOBERGER, RAYMOND MILLER. (GARRITY, JAMES) |
Filing 13 REPORT of Rule 26(f) Planning Meeting. (LAIL, PATRICK) |
Filing 12 ATTORNEY TIME RECORDS - SEALED PORTION by RICHARD LOBERGER, RAYMOND MILLER. (MATTOX, MARIE) |
Filing 11 ATTORNEY TIME RECORDS by RICHARD LOBERGER, RAYMOND MILLER. (MATTOX, MARIE) |
Filing 10 NOTICE of Appearance by JAMES GARRITY on behalf of All Plaintiffs (GARRITY, JAMES) |
Filing 9 Corporate Disclosure Statement/Certificate of Interested Persons by DEL-JEN INC identifying Corporate Parent FLUOR ENTERPRISES, INC. for DEL-JEN INC.. (SEEGERS, JAMES) |
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Filing 7 Corporate Disclosure Statement/Certificate of Interested Persons by J&J MAINTENANCE INC. (LAIL, PATRICK) |
Filing 6 Defendant J&J Maintenance, Inc.'s Answer ANSWER to #1 Complaint by J&J MAINTENANCE INC. (LAIL, PATRICK) |
Filing 5 ANSWER to #1 Complaint by DEL-JEN INC. (SEEGERS, JAMES) |
Filing 4 SUMMONS Returned Executed by RICHARD LOBERGER, RAYMOND MILLER. DEL-JEN INC served on 9/18/2013, answer due 10/9/2013. (MATTOX, MARIE) |
Filing 3 Summons Issued as to All Defendants. (jcw) |
Filing 2 CIVIL COVER SHEET. (Attachments: #1 Exhibit Summons, #2 Exhibit Summons) (MATTOX, MARIE) |
Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 1129-2747348.), filed by RICHARD LOBERGER, RAYMOND MILLER. (MATTOX, MARIE) |
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