Carothers v. Curvature, Inc.
Plaintiff: Sandra Carothers
Defendant: Curvature, LLC and Curvature, Inc.
Case Number: 1:2019cv03703
Filed: August 16, 2019
Court: US District Court for the Northern District of Georgia
Presiding Judge: Eleanor L Ross
Referring Judge: Catherine M Salinas
Nature of Suit: Labor: Family and Medical Leave Act
Cause of Action: 29 U.S.C. § 2601 Family and Medical Leave Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 24, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 24, 2021 Filing 58 NOTICE of Voluntary Dismissal filed by Sandra Carothers (Martin, Curtis)
June 17, 2021 Opinion or Order Filing 57 ORDER adopting #54 Final Report and Recommendation. The Court DIRECTS the Clerk to ADMINISTRATIVELY CLOSE this case. The Parties shall file a stipulation of dismissal upon finalization of the settlement documents within the next thirty (30) days, or a written status report explaining the reason why they are unable to do so. Signed by Judge Eleanor L. Ross on 6/17/2021. (jpk)
June 17, 2021 Civil Case Terminated. (jpk)
June 3, 2021 Filing 56 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb)
June 2, 2021 Opinion or Order Filing 55 ORDER for Service of #54 Final Report and Recommendation. 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 Catherine M. Salinas on 6/2/2021. (jpk)
June 2, 2021 Filing 54 FINAL REPORT AND RECOMMENDATION on the #5 Amended Complaint. The Court RECOMMENDS that the district court DIRECT the Clerk of Court to ADMINISTRATIVELY CLOSE this case. The parties shall file a dismissal or other filing disposing of this case upon finalization of the settlement within the next thirty days, or a written status report explaining the reason why they are unable to do so. Signed by Magistrate Judge Catherine M. Salinas on 6/2/2021. (jpk)
June 1, 2021 Submission of #43 MOTION for Leave to File Affidavit to Magistrate Judge Catherine M. Salinas. (jpk)
May 25, 2021 Filing 53 Minute Entry for proceedings held before Magistrate Judge Linda T. Walker: Settlement Conference held on 5/25/2021. Parties appeared before the court for a mediation. Case resolved to the mutual satisfaction of the parties. Hearing Concluded. (Tape #FTR GOLD) (jpk)
May 25, 2021 Opinion or Order Filing 52 MAGISTRATE JUDGE'S ORDER: The parties are allowed to bring their electronic devices into the courthouse/courtroom for use during the mediation. The devices include iPads, laptop computers, and cellular phones. This Order is effective Tuesday, May 25, 2021, until the conclusion of mediation. Signed by Magistrate Judge Linda T. Walker on 5/25/2021. (jpk)
May 24, 2021 Filing 51 NOTICE of Appearance by Lindsay McCall on behalf of Curvature, Inc. (McCall, Lindsay)
May 24, 2021 Filing 50 NOTICE of Appearance by Eric Leroy Barnum on behalf of Curvature, Inc. (Barnum, Eric)
May 23, 2021 NOTICE OF VIDEO PROCEEDING : Settlement Conference set for 5/25/2021 at 10:00 AM, before Magistrate Judge Linda T. Walker. Connection Instructions: https://ganduscourts.zoomgov.com/j/1602677691 - - Meeting ID: 160 267 7691 - - Passcode: 774807. You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (slc)
April 21, 2021 Opinion or Order Filing 49 ORDER CONTINUING SETTLEMENT CONFERENCE: The mediation, previously scheduled for May 18, 2021, is CONTINUED to May 25, 2021, at 10:30 A.M., before the undersigned magistrate judge. Signed by Magistrate Judge Linda T. Walker on 4/21/2021. (jpk)
April 12, 2021 Opinion or Order Filing 48 ORDER SETTING SETTLEMENT CONFERENCE: All parties and their lead counsel are ORDERED TO APPEAR before the undersigned magistrate judge on Tuesday, May 18, 2021, at 10:00 A.M., in Courtroom No. 1860, 18th Floor, United States Courthouse Building, 75 Ted Turner Drive, SW, Atlanta, Georgia. An insured party shall appear by a representative of the insurer who is authorized to discuss and make recommendations relating to settlement. An uninsured corporate party shall appear by a representative authorized to discuss and make recommendations relating to settlement. See document for further specifics. Signed by Magistrate Judge Linda T. Walker on 4/9/2021. (tmf)
March 25, 2021 Filing 47 NOTICE: The oral argument rescheduled for April 5, 2021 is hereby cancelled, pending completion of the parties' mediation.(drg)
March 25, 2021 Opinion or Order Filing 46 ORDER: This case is REFERRED to United States Chief Magistrate Judge Alan J. Baverman for assignment to the next available Magistrate Judge for mediation at the earliest possible time. The Court ORDERS a stay of all proceedings pending the completion of the mediation. The parties are DIRECTED to inform the undersigned in writing within three days of completing the mediation if the parties were able to reach a settlement or not. If a settlement is reached, the parties shall so inform this Court and provide a date by which the final settlement agreement will be executed and the dismissal filed. Signed by Magistrate Judge Catherine M. Salinas on 3/25/2021. (jpk)
March 25, 2021 Opinion or Order Filing 45 ORDER: The oral argument rescheduled for today is being moved to Monday, April 5, 2021, at 10:00 a.m. Should the parties wish to mediate before that argument, they shall advise the Court no later than noon on Friday, April 2, 2021. Defense counsel was recently directed to update his contact information on the docket of this case. He has failed to do so. Accordingly, he is ORDERED to file a notice in this case by close of business today providing the Court with his correct telephone number, mailing address, and email address. Signed by Magistrate Judge Catherine M. Salinas on 3/25/2021. (jpk)
March 25, 2021 Filing 44 NOTICE Of Filing Contact Information by Curvature, Inc. (Munger, Paul) Modified on 3/25/2021 to edit text (jpk).
March 25, 2021 Submission of #46 Order to Magistrate Judge Linda T. Walker. (jpk)
March 25, 2021 CASE REFERRED to Settlement Judge Magistrate Judge Linda T. Walker. (jpk)
March 24, 2021 Filing 43 MOTION for Leave to File Affidavit by Sandra Carothers. (Attachments: #1 Affidavit Affidavit of Sandra Carothers)(Martin, Curtis)
March 19, 2021 Opinion or Order Filing 42 ORDER Setting Hearing on Motion #34 MOTION for Summary Judgment: IT IS ORDERED that this case is reset for oral argument, via Zoom, on Thursday, March 25, at 1:30 p.m. IT IS FURTHER ORDERED that Paul Christopher Munger shall immediately update his contact information with the Clerks office and with the chambers of U.S. Magistrate Judge Catherine M. Salinas. IT IS FURTHER ORDERED that during the oral argument now scheduled for March 25, 2021 at 1:30 p.m., Defendant shall SHOW CAUSE why Defendant and/or Mr. Munger should not be required to pay Plaintiff's counsel's attorney fees for the time spent preparing for the oral argument on March 18, 2021. Signed by Magistrate Judge Catherine M. Salinas on 3/19/2021. (jpk)
March 10, 2021 Set Hearings as to #34 MOTION for Summary Judgment. Motion Hearing set for 3/18/2021 at 11:30 AM via Zoom before Magistrate Judge Catherine M. Salinas. (jpk)
March 10, 2021 Opinion or Order Filing 41 ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (ddm) (ADI)
March 10, 2021 Filing 40 NOTICE: Oral argument has been scheduled in this case for Thursday, March 18, 2021 at 11:30 a.m., via Zoom, on Defendant's pending motion for summary judgment. Zoom log-in information has been sent separately to counsel for the parties.
January 28, 2021 Opinion or Order Filing 39 TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (rvb) (ADI)
December 9, 2020 Opinion or Order Filing 38 NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (mmc) (ADI)
November 24, 2020 Submission of the #34 MOTION for Summary Judgment to Magistrate Judge Catherine M. Salinas. (aaq)
November 19, 2020 Filing 37 REPLY BRIEF in Support of #34 Motion for Summary Judgment filed by Curvature, Inc. (Munger, Paul) Modified on 11/19/2020 to edit document link and modify text (jpk).
November 5, 2020 Filing 36 Response to Statement of Material Facts re #34 MOTION for Summary Judgment filed by Sandra Carothers. (Martin, Curtis) Modified on 11/9/2020 to edit document link and modify text (jpk).
November 5, 2020 Filing 35 RESPONSE in Opposition re #34 MOTION for Summary Judgment filed by Sandra Carothers. (Martin, Curtis) Modified on 11/9/2020 to edit document link and modify text (jpk).
October 16, 2020 Notification of Docket Correction re #32 BRIEF in Support of Motion for Summary Judgment by Curvature, Inc. (Munger, Paul) Modified on 10/16/2020 to terminate Motion and edit text (jpk). (Terminated) (jpk)
October 16, 2020 Notification of Docket Correction re #33 BRIEF in Support of Motion for Summary Judgment by Curvature, Inc. (Munger, Paul) Modified on 10/16/2020 to terminate Motion and edit text (jpk). (Terminated). (jpk)
October 16, 2020 Notification of Docket Correction re #34 MOTION for Summary Judgment by Curvature, Inc. (Munger, Paul) Modified on 10/16/2020 to edit event type and modify text (jpk). (jpk)
October 15, 2020 Filing 34 MOTION for Summary Judgment by Curvature, Inc. (Munger, Paul) Modified on 10/16/2020 to edit event type and modify text (jpk).
October 15, 2020 Filing 33 BRIEF in Support of #34 Motion for Summary Judgment by Curvature, Inc. (Munger, Paul) Modified on 10/16/2020 to terminate Motion, add document link, and edit text (jpk).
October 15, 2020 Filing 32 BRIEF in Support of #34 Motion for Summary Judgment by Curvature, Inc. (Munger, Paul) Modified on 10/16/2020 to terminate Motion, add document link, and edit text (jpk).
October 15, 2020 Notification of Docket Correction re #31 AFFIDAVIT of Gregory Smith and Christine Wallin by Curvature, Inc. (Munger, Paul) Modified on 10/15/2020 to terminate Motion and edit text (jpk). (Terminated). (jpk)
October 14, 2020 Filing 31 AFFIDAVIT of Gregory Smith and Christine Wallin by Curvature, Inc. (Munger, Paul) Modified on 10/15/2020 to terminate Motion and edit text (jpk).
October 13, 2020 Filing 30 DEPOSITION of Greg Smith taken on September 10, 2020 by Curvature, Inc.. (Attachments: #1 Exhibit Greg Smith Deposition Exhibits All)(Munger, Paul)
October 13, 2020 Filing 29 DEPOSITION of Christine Wallin taken on September 9, 2020 by Curvature, Inc.. (Attachments: #1 Exhibit Exhibit 1 - CW, #2 Exhibit Exhibit 2 - CW, #3 Exhibit Exhibit 3 - CW, #4 Exhibit Exhibit 4 - CW, #5 Exhibit Exhibit 5 - CW, #6 Exhibit Exhibit 6 - CW, #7 Exhibit Exhibit 7 - CW, #8 Exhibit Exhibit 8 - CW, #9 Exhibit Exhibit 9 - CW, #10 Exhibit Exhibit 10 - CW, #11 Exhibit Exhibit 11 - CW, #12 Exhibit Exhibit 12 - CW, #13 Exhibit Exhibit 13 - CW, #14 Exhibit Exhibit 14 - CW, #15 Exhibit Exhibit 15 - CW, #16 Exhibit Exhibit 16 - CW, #17 Exhibit Exhibit 17 - CW, #18 Exhibit Exhibit 18 - CW)(Munger, Paul)
October 5, 2020 Filing 28 DEPOSITION of Gregory Smith taken on 9/10/2020 by Curvature, Inc..(Munger, Paul)
October 5, 2020 Filing 27 DEPOSITION of Sandra Carothers taken on 9/11/2020 by Curvature, Inc..(Munger, Paul)
September 29, 2020 Opinion or Order Filing 26 EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (mmc) (ADI)
September 2, 2020 Opinion or Order Filing 25 SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (mmc) (ADI)
August 4, 2020 Opinion or Order Filing 24 SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (aaq) (ADI)
July 14, 2020 Reset Scheduling Order Deadlines: Discovery ends on 9/15/2020. Motions due by 10/15/2020. (jpk)
July 14, 2020 Filing 23 Minute Entry for proceedings held before Magistrate Judge Catherine M. Salinas: Telephone Conference held on 7/14/2020 with counsel for the parties to discuss remaining discovery and amended discovery deadlines. For the reasons discussed during the telephone conference, discovery now ends on September 15, 2020 and motions for summary judgment are due October 15, 2020. (drg)
July 13, 2020 Opinion or Order Filing 22 FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (adg) (ADI)
July 10, 2020 Filing 21 NOTICE: A telephone discovery conference with counsel for the parties is scheduled for Tuesday, July 14, 2020 at 2:00 p.m. Zoom log-in instructions were sent separately via email. (drg)
July 2, 2020 Opinion or Order Filing 20 FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (rvb) (ADI)
May 27, 2020 Opinion or Order Filing 19 THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (ddm) (ADI)
May 11, 2020 Filing 18 Minute Entry for proceedings held before Magistrate Judge Catherine M. Salinas: The Court held a Zoom status conference with counsel for the parties to discuss whether to amend the scheduling order with regard to the remainder of the discovery period. Telephone Conference held on 5/11/2020. (jap) (Additional attachment(s) added on 5/13/2020: #1 Corrected Main Document) (rvb). Modified on 5/13/2020 to correct judge(rvb).
May 5, 2020 Filing 17 NOTICE to Show Cause by Sandra Carothers to the #15 Order Show Cause (Martin, Curtis) Modified on 5/8/2020 to edit text and add document link. (aaq).
May 4, 2020 Opinion or Order Filing 16 SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (adg) (ADI)
April 30, 2020 Opinion or Order Filing 15 ORDER TO SHOW CAUSE: Plaintiff is ORDERED to show cause in writing by May 7, 2020 why this case should not be dismissed for failure to prosecute and/or failure to comply with a lawful order of this Court, pursuant to Local Rules 16.5 and 41.3(A)(1)-(2). Signed by Magistrate Judge Catherine M. Salinas on 4/30/2020. (jap)
April 21, 2020 Submission of #12 Order Staying Case to Magistrate Judge Catherine M. Salinas. (jap)
April 2, 2020 Opinion or Order Filing 14 Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (aaq) (ADI)
March 23, 2020 Opinion or Order Filing 13 General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (jap)
March 17, 2020 Opinion or Order Filing 12 ORDER: The parties are DIRECTED TO CONSULT with one another by telephone during the week of April 13, 2020, to discuss any discovery that remains to be completed and a schedule for completing it. After that telephonic conference and ON OR BEFORE APRIL 20, 2020, the parties are ORDERED TO FILE (1) a joint proposed scheduling order or (2) a request for a telephone conference with the Court to establish a schedule. If the parties are in agreement that no stay is required with respect to discovery in this case, they should file a joint motion requesting that the stay be lifted and that discovery proceed as currently scheduled. To the extent the parties are in settlement discussions, they are encouraged to continue. Signed by Magistrate Judge Catherine M. Salinas on 3/17/2020. (jap)
March 12, 2020 Opinion or Order Filing 11 ORDER (by docket entry only) GRANTING #10 Defendant's Unopposed Motion for a 30 Day Extension of the Discovery Deadline. The extended discovery period now ends on April 17, 2020. Ordered by Magistrate Judge Catherine M. Salinas on 03/12/2020. (drg)
March 11, 2020 Filing 10 Unopposed MOTION for a 30 Day Extension of Discovery Deadlines with Brief In Support by Curvature, Inc. (Munger, Paul) Modified on 3/12/2020 to edit event text and modify motion text (jap).
January 24, 2020 Filing 9 CERTIFICATE OF SERVICE Plaintiff's First Interrogatories and Request for Production of Documents to Defendant by Sandra Carothers.(Martin, Curtis)
January 21, 2020 Opinion or Order Filing 8 SCHEDULING ORDER and Case Management Instructions: re: #7 Joint Preliminary Report and Discovery Plan. Discovery ends on 3/16/2020. Signed by Magistrate Judge Catherine M. Salinas on 1/21/20. (jpa)
January 14, 2020 Filing 7 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Sandra Carothers. (Martin, Curtis)
October 16, 2019 Filing 6 Answer to #5 First Amended Complaint by Curvature, Inc. Discovery ends on 3/16/2020.(Munger, Paul) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 10/17/2019 to link document to amended complaint (jpa).
October 2, 2019 Filing 5 AMENDED COMPLAINT against Curvature, Inc. filed by Sandra Carothers.(jpa) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
October 2, 2019 Opinion or Order Filing 4 ORDER granting #3 Motion to Amend the Complaint. The Clerk is DIRECTED to docket the proposed first amended complaint. The Clerk is FURTHER DIRECTED to terminate Curvature, LLC as the defendant and substitute Curvature, Inc. as the named defendant. Defendant Curvature, Inc. shall have fifteen (15) days from the date of this Order to file its answer to Plaintiff's Amended Complaint or other responsive pleading. Signed by Magistrate Judge Catherine M. Salinas on 10/2/19. (jpa)
September 27, 2019 Filing 3 First MOTION to Amend Complaint with Brief In Support by Sandra Carothers. (Martin, Curtis)
August 16, 2019 Filing 2 Electronic Summons Issued as to Curvature, LLC. (tcc)
August 16, 2019 Filing 1 COMPLAINT with Jury Demand filed by Sandra Carothers. (Filing fee $400, receipt number AGANDC-8869946) (Attachments: #1 Civil Cover Sheet)(tcc) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.

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Plaintiff: Sandra Carothers
Represented By: Curtis J. Martin, II
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Defendant: Curvature, LLC
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Defendant: Curvature, Inc.
Represented By: Eric Leroy Barnum
Represented By: Lindsay McCall
Represented By: Paul Christopher Munger
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