Spears v. Kaiser Foundation Health Plan of Georgia, Inc. et al
| De'La Spears |
| Keroy Eastman, Kaiser Foundation Health Plan of Georgia, Inc. and Chuck Conley |
| 1:2017cv02102 |
| June 8, 2017 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Fulton |
| Timothy C Batten |
| William S Duffey |
| Russell G Vineyard |
| Labor: Family and Medical Leave Act |
| 29 U.S.C. § 2601 Family and Medical Leave Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 27, 2019. A more recent docket listing may be available from PACER.
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| Filing 74 STIPULATION of Dismissal with Prejudice by De'La Spears. (Carter, Meredith) |
Filing 73
ORDER DIRECTING Clerk to administratively close case. The parties shall file a dismissal upon finalization of the settlement documents. If settlement negotiations fail, the parties should promptly move to reopen the case. Signed by Judge Timothy C. Batten, Sr. on 07/10/2019. (usw)
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| Civil Case Terminated. (usw) |
| Filing 72 Minute Entry for Settlement Conference held on 6/3/2019 held before Magistrate Judge Linda T. Walker. Parties appeared before the court for a mediation and were able to mutually resolve their differences to the satisfaction of all. Specifics of the mediation can be obtained via FTRGOLD w leave of the court. (Tape #FTR Gold)(usw) |
| Notification of Docket Correction re #70 Order Setting Settlement Conference, to add Order pdf. (usw) |
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Filing 71
Settlement Conference set for 6/3/2019 at 10:00 AM in ATLA Courtroom 1860 before Magistrate Judge Linda T. Walker. Please see Order for further specifics and directives. Signed by Magistrate Judge Linda T. Walker on 05/08/2019. (usw)
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Filing 70
(FILED IN ERROR) Settlement Conference set for 6/3/2019 at 10:00 AM in ATLA Courtroom 1860 before Magistrate Judge Linda T. Walker. Please see Order for further specifics and directives. Signed by Magistrate Judge Linda T. Walker on 05/08/2019. (usw) Modified on 5/14/2019 (usw).
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Filing 69
ORDER REFERRING CASE to Magistrate Judge Linda T. Walker for mediation. Signed by Judge Timothy C. Batten, Sr. on 04/30/2019. (usw)
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| Magistrate Judge Russell G. Vineyard terminated at per the direction of Judge Vineyard's chambers. (usw) |
| Filing 68 Proposed Pretrial Order Consolidated by the Parties by De'La Spears. (Lambert, Lisa) |
| Filing 67 Leave of Absence by Meredith J. Carter as to Pla Spears. (Carter, Meredith) Modified on 4/1/2019 (rsh). |
| Filing 66 CERTIFICATE of Counsel of Consent to Withdraw as Counsel for De'La Spears by Meredith Stein Watts on behalf of De'La Spears (Watts, Meredith) |
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Filing 65
ORDER GRANTING #64 Joint Motion for Extension of Time through and including 03/29/19 to file Proposed Pretrial Order. Signed by Judge Russell G. Vineyard on 03/15/2019. (usw)
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| Filing 64 Joint MOTION for Extension of Time to File Proposed Pretrial Order with Brief In Support by De'La Spears. (Carter, Meredith) |
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Filing 63
ORDER GRANTING IN PART AND DENYING IN PART #46 Motion for Summary Judgment; AND ADOPTING #61 Report and Recommendations. Defendants' summary judgment motion be GRANTED specifically as to Spears' Title VII claim for sexual harassment against Kaiser and her state law claims for battery against Eastman, negligent retention against Kaiser, intentional infliction of emotional distress against all defendants, ratification against Kaiser, gross negligence and negligence per se against Kaiser, and punitive damages and attorneys' fees against Kaiser and Eastman, leaving her to proceed only on her Title VII retaliation claim and FMLA interference and retaliation claims against Kaiser and her state law claims of battery, punitive damages, and attorneys' fees against Conley. Signed by Judge Timothy C. Batten, Sr. on 02/14/2019. (usw)
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Filing 62
ORDER for Service of #61 Report and Recommendation by Magistrate Judge Russell G. Vineyard. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Russell G. Vineyard on 1/30/2019. (adg)
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| Filing 61 NON-FINAL REPORT AND RECOMMENDATION that defendants' #46 MOTION for Summary Judgment be GRANTED IN PART and DENIED IN PART. Specifically, it is RECOMMENDED that defendants' summary judgment motion be GRANTED as to Spears' Title VII claim for sexual harassment against Kaiser and her state law claims for battery against Eastman, negligent retention against Kaiser, intentional infliction of emotional distress against all defendants, ratification against Kaiser, gross negligence and negligence per se against Kaiser, and punitive damages and attorneys' fees against Kaiser and Eastman, leaving her to proceed only on her Title VII retaliation claim and FMLA interference and retaliation claims against Kaiser and her state law claims of battery, punitive damages, and attorneys' fees against Conley. Signed by Magistrate Judge Russell G. Vineyard on 1/30/2019. (adg) |
| Filing 60 DEPOSITION of Defendant Rule 30(b)(6) -(Keroy Eastman) taken on 6/27/18 by De'La Spears. (Attachments: #1 Exhibit 1, #2 Exhibit 15, #3 Exhibit 16, #4 Exhibit 18, #5 Exhibit 20, #6 Exhibit 40, #7 Exhibit 41, #8 Exhibit 43, #9 Exhibit 44, #10 Exhibit 45, #11 Exhibit 46, #12 Exhibit 47, #13 Exhibit 48, #14 Exhibit 49, #15 Exhibit 61, #16 Exhibit 66, #17 Exhibit 68, #18 Exhibit 69, #19 Exhibit 70, #20 Exhibit 71, #21 Exhibit 72, #22 Exhibit 73, #23 Exhibit 74, #24 Exhibit 75, #25 Exhibit 76, #26 Exhibit 77, #27 Exhibit 78, #28 Exhibit 79, #29 Exhibit 80, #30 Exhibit 81, #31 Exhibit 82, #32 Exhibit 83, #33 Exhibit 84, #34 Exhibit 85, #35 Exhibit 86, #36 Exhibit 87, #37 Exhibit 88, #38 Exhibit 89, #39 Exhibit 90, #40 Exhibit 91, #41 Exhibit 92, #42 Exhibit 93, #43 Exhibit 94, #44 Exhibit 95, #45 Exhibit 96)(Lambert, Lisa) |
| Filing 59 DEPOSITION of Keroy Eastman taken on 6/27/18 by De'La Spears. (Attachments: #1 Exhibit 2)(Lambert, Lisa) |
| Filing 58 DEPOSITION of Phyllis Stennis II taken on July 10, 2018 by De'La Spears. (Attachments: #1 Exhibit Stennis II Deposition Exhibits)(Carter, Meredith) |
| Filing 57 DEPOSITION of Christian Madsden taken on June 15, 2018 by De'La Spears. (Attachments: #1 Exhibit Madsden Deposition Exhibits)(Carter, Meredith) |
| Filing 56 DEPOSITION of Angenetta Dandy taken on June 13, 2018 by De'La Spears. (Attachments: #1 Exhibit Dandy Deposition Exhibits)(Carter, Meredith) |
| Filing 55 DEPOSITION of Chuck Conley taken on July 10, 2018 by De'La Spears. (Attachments: #1 Exhibit Conley Deposition Exhibits)(Carter, Meredith) |
| Filing 54 Request to File Original Discovery by De'La Spears.(Carter, Meredith) |
| Submission of #46 MOTION for Summary Judgment , to Magistrate Judge Russell G. Vineyard. (jlm) |
| Filing 53 REPLY BRIEF re #46 MOTION for Summary Judgment filed by Chuck Conley, Keroy Eastman, Kaiser Foundation Health Plan of Georgia, Inc.. (Attachments: #1 Statement of Material Facts Response to Plaintiff's, #2 Exhibit Spears Deposition, #3 Exhibit Exhibits to Spears Dep.)(Dawkins, Frederick) |
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Filing 52
ORDER granting #51 Motion for Extension of Time to and including 9/28/18 for defendants to file a reply in support of their motion for summary jgm. Signed by Magistrate Judge Russell G. Vineyard on 9/11/18. (jlm)
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| Filing 51 Consent MOTION for Extension of Time File Reply re: #46 MOTION for Summary Judgment by Chuck Conley, Keroy Eastman, Kaiser Foundation Health Plan of Georgia, Inc.. (Attachments: #1 Text of Proposed Order)(Dawkins, Frederick) |
| Filing 50 NOTICE Of Filing Plaintiff's Response In Opposition to Defendants' Motion for Summary Judgment by De'La Spears re #46 MOTION for Summary Judgment (Attachments: #1 Exhibit Spears Declaration, #2 Exhibit Spears Time Audit Report)(Carter, Meredith) |
| Filing 49 RESPONSE in Opposition re #46 MOTION for Summary Judgment filed by De'La Spears. (Attachments: #1 Statement of Material Facts, #2 Response to Defs' Facts)(Carter, Meredith) |
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Filing 48
ORDER GRANTING #47 Consent Motion for an Extension of Time to and including 9/4/18 for plaintiff to respond to defendants' #46 MOTION for Summary Judgment. Signed by Magistrate Judge Russell G. Vineyard on 8/10/18. (jlm)
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| Filing 47 Consent MOTION for Extension of Time to File Response to Summary Judgment to September 4, 2018 by De'La Spears. (Lambert, Lisa) |
| Filing 46 MOTION for Summary Judgment with Brief In Support by Chuck Conley, Keroy Eastman, Kaiser Foundation Health Plan of Georgia, Inc.. (Attachments: #1 Brief Exhibit A, #2 Statement of Material Facts Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit F, #6 Exhibit Exhibit G, #7 Exhibit Exhibit I, #8 Exhibit Exhibit J, #9 Exhibit Exhibit K, #10 Exhibit Exhibit L, #11 Exhibit Exhibit M, #12 Exhibit Exhibit N, #13 Exhibit Exhibit O, #14 Exhibit Exhibit P, #15 Exhibit Exhibit Q, #16 Exhibit Exhibit R)(Dawkins, Frederick) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
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Filing 45
DOCKETING ERROR WRONG CASE ORDER: Scheduling Conference set for 8/9/2018 at 10:00 AM in ATLA Courtroom 1834 before Magistrate Judge John K. Larkins III. Dfts cautioned that failure to appear at conference or non-compliance with Court's deadlines and obligations, their default may be entered in this action. Signed by Magistrate Judge John K. Larkins, III on 7/27/18. (rsh) Modified on 7/27/2018 (jlm).
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Filing 44
ORDER granting #43 Motion for Leave to File Excess Pages. Both dfts' memorandum in support of their motion for summary judgment and plaintiff's brief shall not exceed 40 pages. Signed by Magistrate Judge Russell G. Vineyard on 7/26/18. (rsh)
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| Notification of Docket Correction re #45 Order. Docketed in wrong case. Corrections made. (jlm) |
| Filing 43 MOTION for Leave to File Excess Pages by Kaiser Foundation Health Plan of Georgia, Inc.. (Attachments: #1 Text of Proposed Order Exhibit)(Dawkins, Frederick) |
| Filing 42 NOTICE by De'La Spears Third Amended Notice of Deposition of Chuck Conley (Carter, Meredith) |
| Clerks Notation re #4 Certificate of Interested Persons, #9 Certificate of Interested Persons: reviewed and approved by Judge Timothy C. Batten, Sr. (se) |
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Filing 41
ORDER granting the parties' #40 Consent Motion for Extension of Time, through July 10, 2018, to Complete Discovery. Signed by Magistrate Judge Russell G. Vineyard on 7/2/18. (ddm)
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| Case Reassigned to Judge Timothy C. Batten, Sr. Judge William S. Duffey, Jr. no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:17-cv-2102-TCB. Please make note of this change in order to facilitate the docketing of pleadings in this case. (rsh) |
| Filing 40 Consent MOTION for Extension of Time to Complete Discovery by Kaiser Foundation Health Plan of Georgia, Inc.. (Attachments: #1 Text of Proposed Order Exhibit)(Dawkins, Frederick) |
| Filing 39 Amended NOTICE to Take Deposition of Keroy Eastman filed by De'La Spears (Lambert, Lisa) |
| Filing 38 NOTICE by De'La Spears Second Amended (Carter, Meredith) |
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Filing 37
ORDER granting the parties' Joint Motion for Limited Extension of the Discovery Period #36 . The discovery period is extended up to, and including, June 29, 2018. Signed by Magistrate Judge Russell G. Vineyard on 6/6/18. (ddm)
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ORAL ORDER re #37 Order Extending Discovery. Any motions for summary judgment must be filed by 7/30/2018, and if no motions for summary judgment are filed, the Proposed Consolidated Pretrial Order will be due on 8/09/2018. If neither is filed, the Clerk is to submit this action by 8/20/2018. Entered by Magistrate Judge Russell G. Vineyard on 6/06/2018. (jtj)
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| Filing 36 Third MOTION for Extension of Time to Complete Discovery with Brief In Support by De'La Spears. (Carter, Meredith) |
| Filing 35 NOTICE by De'La Spears Amended Notice of Dep of Chuck Conley (Carter, Meredith) |
| Filing 34 NOTICE by De'La Spears Deposition of Chuck Conley (Carter, Meredith) |
| Filing 33 NOTICE by De'La Spears of Rule 30b6 Deposition (Carter, Meredith) |
| Filing 32 NOTICE by De'La Spears Leave of Absence for Meredith Carter (Carter, Meredith) |
| Filing 31 Minute Entry for proceedings held before Magistrate Judge Russell G. Vineyard: Telephone Conference held on 4/27/2018 regarding discovery dispute. Parties orally moved for an extension of the discovery period. The Court GRANTED the motion and extended discovery to June 15, 2018. Motions for summary judgment are due July 16, 2018. If no motions for summary judgment are filed, the consolidated pretrial order will be due on July 26, 2018. (Tape #FTR)(ddm) |
| Set/Reset Scheduling Order Deadlines per #31 : Discovery ends on 6/15/2018. Motions due by 7/16/2018. Proposed Pretrial Order due by 7/26/2018. (ddm) |
| NOTICE of TELECONFERENCE Hearing: Hearing set for 4/27/2018 at 10:30 AM before Magistrate Judge Russell G. Vineyard. (aez) |
| Filing 30 NOTICE by De'La Spears Deposition of Chuck Conley (Carter, Meredith) |
| Filing 29 NOTICE by De'La Spears Deposition of Keroy Eastman (Carter, Meredith) |
| Filing 28 NOTICE of Appearance by Lisa Catherine Lambert on behalf of De'La Spears (Lambert, Lisa) |
| Filing 27 Amended NOTICE to Take Deposition of Plaintiff filed by Kaiser Foundation Health Plan of Georgia, Inc. (Dawkins, Frederick) |
| Filing 26 NOTICE to Take Deposition of Plaintiff filed by Kaiser Foundation Health Plan of Georgia, Inc. (Dawkins, Frederick) |
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Filing 25
ORDER granting the parties' #24 Second Joint Motion for Extension of Time, through and including April 30, 2018, to Complete Discovery. All other post discovery deadlines will be extended accordingly. Signed by Magistrate Judge Russell G. Vineyard on 2/21/18. (ddm)
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ORAL ORDER re #25 Order on Motion for Extension of Time to Complete Discovery. Any motions for summary judgment must be filed by 5/30/18, and if no motions for summary judgment are filed, the Proposed Consolidated Pretrial Order will be due on 6/11/18. If neither is filed, the Clerk is to submit this action by 6/21/18. Entered by Magistrate Judge Russell G. Vineyard on 2/22/2018.(aez)
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| Filing 24 Second MOTION for Extension of Time to Complete Discovery with Brief In Support by De'La Spears. (Carter, Meredith) |
| Filing 23 NOTICE of Appearance by Meredith Stein Watts on behalf of De'La Spears (Watts, Meredith) |
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Filing 22
CONSENT PROTECTIVE ORDER granting #21 Motion for Protective Order. Signed by Magistrate Judge Russell G. Vineyard on 1/22/2018. (adg)
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| Filing 21 Consent MOTION for Protective Order by Kaiser Foundation Health Plan of Georgia, Inc.. (Dawkins, Frederick) |
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ORAL ORDER re #20 Order on Motion for Extension of Time to Complete Discovery. Any motions for summary judgment must be filed by 3/28/2018, and if no motions for summary judgment are filed, the Proposed Consolidated Pretrial Order will be due on 4/9/2018. If neither is filed, the Clerk is to submit this action by 4/19/2018. Entered by Magistrate Judge Russell G. Vineyard on 12/18/2017.(aez)
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Filing 20
ORDER granting #19 Motion for Extension of Time to Complete Discovery. Discovery ends on 2/26/2018. Signed by Magistrate Judge Russell G. Vineyard on 12/15/17. (hfm)
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| Filing 19 Joint MOTION for Extension of Time to Complete Discovery by Kaiser Foundation Health Plan of Georgia, Inc.. (Dawkins, Frederick) |
| Filing 18 NOTICE by Kaiser Foundation Health Plan of Georgia, Inc. of Subpoena (Dawkins, Frederick) |
| Filing 17 CERTIFICATE OF SERVICE of Plaintiff's First Interrogatories and First Requests for Production of Documents to Defendants by De'La Spears.(Carter, Meredith) |
| Filing 16 NOTICE by De'La Spears Amended Leave of Absence for Meredith Carter (Carter, Meredith) |
| Filing 15 CERTIFICATE OF SERVICE First Request for Production of Documents by Kaiser Foundation Health Plan of Georgia, Inc..(Dawkins, Frederick) |
| Filing 14 CERTIFICATE OF SERVICE First Interrogatories by Kaiser Foundation Health Plan of Georgia, Inc..(Dawkins, Frederick) |
| Filing 13 First Initial Disclosures by De'La Spears.(Carter, Meredith) |
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Filing 12
Magistrate Judge's Scheduling Order approving the parties' #10 Joint Preliminary Report and Discovery Plan. The discovery deadline in this case is December 26, 2017. Any motions for summary judgment must be filed by January 25, 2018, and if no motions for summary judgment are filed, the Proposed Consolidated Pretrial Order will be due on February 5, 2018. Signed by Magistrate Judge Russell G. Vineyard on 8/29/17. (ddm)
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| Filing 11 Initial Disclosures by Chuck Conley, Keroy Eastman, Kaiser Foundation Health Plan of Georgia, Inc..(Dawkins, Frederick) |
| Filing 10 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by De'La Spears. (Carter, Meredith) |
| Filing 9 Certificate of Interested Persons by Chuck Conley, Keroy Eastman, Kaiser Foundation Health Plan of Georgia, Inc.. (Dawkins, Frederick) |
| Filing 8 Guidelines for Discovery and Motion Practice. Signed by Magistrate Judge Russell G. Vineyard on 7/28/17. (ddm) |
| Filing 7 ANSWER to #6 Amended Complaint by Kaiser Foundation Health Plan of Georgia, Inc.. Discovery ends on 12/26/2017.(Dawkins, Frederick) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 6 First AMENDED COMPLAINT against All Defendants with Jury Demand, filed by De'La Spears.(Carter, Meredith) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
| Set Deadlines/Hearings: Defendants' answers due 7/17/2017. (jpa) |
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Filing 5
ORDER granting #3 Motion for Extension of Time and the time for Defendants to file a response to Plaintiff's complaint is extended until 7/17/17. Signed by Magistrate Judge Russell G. Vineyard on 6/13/17. (jpa)
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| Filing 4 Certificate of Interested Persons by De'La Spears. (Carter, Meredith) |
| Filing 3 MOTION for Extension of Time Answer Complaint by Kaiser Foundation Health Plan of Georgia, Inc.. (Attachments: #1 Exhibit Exhibit A)(Dawkins, Frederick) |
| Filing 2 NOTICE by De'La Spears of Leave of Absence (Carter, Meredith) |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT, filed by Kaiser Foundation Health Plan of Georgia, Inc., Keroy Eastman and Chuck Conley. (Filing fee $ 400.00 receipt number 113E-7195651) (Attachments: #1 Complaint, #2 Notice of Filing)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
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