Smith v. 86Mustang, LLC
| Lavonda Smith and 86Mustang, LLC |
| McDonald's Corporation |
| 1:2021cv01478 |
| April 14, 2021 |
| US District Court for the Northern District of Georgia |
| Regina D Cannon |
| William M Ray |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 12101 et seq. Americans with Disabilities Act of 1990 |
| Both |
Docket Report
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This docket was last retrieved on November 7, 2023. A more recent docket listing may be available from PACER.
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| Filing 95 Notice for Leave of Absence for the following date(s): December 4, 2023 through December 22, 2023, by Matthew C. Billips. (Billips, Matthew) |
| Filing 94 CERTIFICATE OF SERVICE of Discovery (Rule 5.4) by 86Mustang, LLC.(Averbuch, Allison) |
| Filing 93 REPLY to Response to Motion re #84 MOTION Reopen Discovery Under Fed. R. Civ. Pro. Rule 56(D) filed by Lavonda Smith. (Attachments: #1 Exhibit)(Billips, Matthew) |
| Submission of #84 MOTION Reopen Discovery Under Fed. R. Civ. Pro. Rule 56(D), #73 MOTION for Summary Judgment , to Magistrate Judge Regina D Cannon. (sll) |
| Filing 92 REPLY BRIEF re #73 MOTION for Summary Judgment filed by 86Mustang, LLC. (Attachments: #1 Exhibit Declaration of Chris Hamilton)(Averbuch, Allison) |
| Filing 91 RESPONSE re #84 MOTION Reopen Discovery Under Fed. R. Civ. Pro. Rule 56(D) filed by 86Mustang, LLC. (Averbuch, Allison) |
| Filing 90 Statement of Material Facts re #73 MOTION for Summary Judgment (Supplemental Statement) filed by 86Mustang, LLC. (Averbuch, Allison) |
| Filing 89 Response to Statement of Material Facts re #72 MOTION for Summary Judgment (Partial) and for Judgment on the Pleadings (Corrected Statement of Material Facts) filed by 86Mustang, LLC. (Averbuch, Allison) |
Filing 88
ORDER GRANTING #87 Consent MOTION for Extension of Time Extend the Deadline for File Reply Re Defendant's MSJ and Response to Plaintiff's Motion to Reopen Discovery on or before 9/29/2023. Signed by Magistrate Judge Regina D Cannon on 9/12/2023. (tas)
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| Submission of #87 Consent MOTION for Extension of Time Extend the Deadline for File Reply Re Defendant's MSJ and Response to Plaintiff's Motion to Reopen Discovery, to Magistrate Judge Regina D Cannon. (tas) |
| Filing 87 Consent MOTION for Extension of Time Extend the Deadline for File Reply Re Defendant's MSJ and Response to Plaintiff's Motion to Reopen Discovery by 86Mustang, LLC. (Attachments: #1 Text of Proposed Order)(Averbuch, Allison) |
| Submission of #72 MOTION for Summary Judgment (Partial) and for Judgment on the Pleadings, to Magistrate Judge Regina D Cannon. (tas) |
| Filing 86 NOTICE Of Filing Corrected Summary Judgment Response Documents by Lavonda Smith re #83 Response in Opposition to Motion, (Attachments: #1 Plaintiff's Corrected Response in Opposition to Defendant's Motion for Summary Judgment, #2 Plaintiff's Corrected Responses to Defendant's Statement of Undisputed Material Facts, #3 Plaintiff's Corrected Statement of Additional Material Facts)(Billips, Matthew) |
| Filing 85 REPLY to Response to Motion re #72 MOTION for Summary Judgment (Partial) and for Judgment on the Pleadings filed by Lavonda Smith. (Attachments: #1 Response to Defendant's Statement of Additional Facts)(Billips, Matthew) |
| Filing 84 MOTION Reopen Discovery Under Fed. R. Civ. Pro. Rule 56(D) by Lavonda Smith. (Attachments: #1 Exhibit)(Billips, Matthew) |
| Filing 83 RESPONSE in Opposition re #73 MOTION for Summary Judgment filed by Lavonda Smith. (Attachments: #1 Response to Defendant's Statement of Undisputed Material Facts, #2 Statement of Material Facts, #3 Appendix of Exhibits, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Billips, Matthew) |
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Filing 82
ORDER GRANTING #81 Consent MOTION for Extension of Time to File Reply re: #72 MOTION for Summary Judgment (Partial) and for Judgment on the Pleadings on or before 9/1/2023. Signed by Magistrate Judge Regina D Cannon on 8/25/2023. (tas)
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| Submission of #81 Consent MOTION for Extension of Time to File Reply re: #72 MOTION for Summary Judgment (Partial) and for Judgment on the Pleadings, to Magistrate Judge Regina D Cannon. (tas) |
| Filing 81 Consent MOTION for Extension of Time to File Reply re: #72 MOTION for Summary Judgment (Partial) and for Judgment on the Pleadings by Lavonda Smith. (Billips, Matthew) |
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Filing 80
ORDER GRANTING #77 Motion for Leave to File Excess Pages; GRANTING #78 Motion for Extension of Time. Plaintiff's response to Defendant's motion for summary judgment must be filed by September 1, 2023. Plaintiff's brief shall not exceed thirty-five (35) pages in length. The response, including Plaintiff's brief and any attachments, must otherwise comply in all respects with the Federal Rules, the Local Rules, and all guidelines and orders entered in this case. Defendant's reply in support of its motion for summary judgment must be filed by September 15, 2023. Signed by Magistrate Judge Regina D Cannon on 8/18/2023. (tas)
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| Filing 79 NOTICE of Appearance by Benjamin Andrew Stark on behalf of Lavonda Smith (Stark, Benjamin) |
| Filing 78 Consent MOTION for Extension of Time to Respond or Otherwise Object re: #73 MOTION for Summary Judgment by Lavonda Smith. (Billips, Matthew) |
| Filing 77 Consent MOTION for Leave to File Excess Pages for Summary Judgment Response Brief by Lavonda Smith. (Billips, Matthew) |
| Filing 76 RESPONSE in Opposition re #72 MOTION for Summary Judgment (Partial) and for Judgment on the Pleadings filed by 86Mustang, LLC. (Attachments: #1 Exhibit A- Excerpts of Plaintiff's Deposition, #2 Exhibit B- Full Transcript of Plaintiff's Deposition, #3 Defendant's Statement of Additional Facts, #4 Defendant's Response to Plaintiff's Statement of Undisputed Facts)(Averbuch, Allison) |
| Filing 75 DEPOSITION of Corporate Rep Christopher Hamilton taken on 2/3/2023 by Lavonda Smith.(Billips, Matthew) |
| Filing 74 NOTICE by 86Mustang, LLC of Request to File Original Discovery (Averbuch, Allison) |
| Filing 73 MOTION for Summary Judgment with Brief In Support by 86Mustang, LLC. (Attachments: #1 Brief in Support of Defendant's Motion for Summary Judgment, #2 Defendant's Statement of Undisputed Material Facts, #3 Exhibit A- Relevant Portions of 30(b)(6) Deposition, #4 Exhibit B- EEOC Records, #5 Exhibit C- Christopher Hamilton Declaration, #6 Exhibit D- Full 30(b)(6) Deposition Transcript)(Averbuch, Allison) --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.-- |
| Filing 72 MOTION for Summary Judgment (Partial) and for Judgment on the Pleadings with Brief In Support by Lavonda Smith. (Attachments: #1 Brief Memorandum of Law In Support, #2 Statement of Material Facts Statement of Undisputed Material Facts, #3 Affidavit Declaration of LaVonda Smith, #4 Affidavit Declaration of Dalvin Stewart, #5 Exhibit Deposition of Lavonda Smith, #6 Exhibit 30(b)(6) Deposition of Defendant)(Billips, Matthew) --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 71
ORDER GRANTING #70 Joint MOTION for Extension of Time to file Summary Judgment Motions. Any motions for summary judgment must be filed by 7/28/2023, and if no motions for summary judgment are filed, the Proposed Consolidated Pretrial Order will be due on that date. Signed by Magistrate Judge Regina D Cannon on 5/22/2023. (tas)
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| Submission of #70 Joint MOTION for Extension of Time to file Summary Judgment Motions, to Magistrate Judge Regina D Cannon. (tas) |
| Filing 70 Joint MOTION for Extension of Time to file Summary Judgment Motions by Lavonda Smith. (Billips, Matthew) |
| Filing 69 NOTICE by 86Mustang, LLC Of Intent to Serve Subpoena (Averbuch, Allison) |
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Filing 68
NOTICE REGARDING POST-DISCOVERY CONFERENCE & MEDIATION. The Parties are ORDERED to arrange a conference among lead counsel and a person possessing settlement authority for each party to discuss, in good faith, settlement of this case. See LR 16.3, NDGa. The settlement conference must be held no later than FOURTEEN (14) DAYS after the close of discovery. The parties are further ORDERED to file a joint status report with the Court within TWO (2) DAYS after conclusion of the settlement conference, advising the Court on the progress of this case. Signed by Magistrate Judge Regina D Cannon on 4/24/2023. (tas)
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| Filing 67 NOTICE Regarding Summary Judgment. Signed by Magistrate Judge Regina D Cannon on 4/24/2023. (tas) |
| Filing 66 NOTICE by 86Mustang, LLC Of Intent to Serve Subpoena (Averbuch, Allison) |
| Filing 65 Notice for Leave of Absence for the following date(s): March 14-31, 2023, by Matthew C. Billips. (Billips, Matthew) |
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Filing 64
ORDER GRANTING #63 Motion for Extension of Time to Complete Discovery. Discovery ends on 4/21/2023. Summary Judgment Motions due by 5/22/2023. If none filed, Proposed Pretrial Order due by 5/22/2023. Signed by Magistrate Judge Regina D Cannon on 2/21/2023. (tas)
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| Filing 63 Joint MOTION for Extension of Time to Complete Discovery and Deadline for Dispositive Motions by Lavonda Smith. (Billips, Matthew) |
| Filing 62 NOTICE by 86Mustang, LLC (Intent to Serve Subpoena) (Averbuch, Allison) |
| Filing 61 NOTICE by 86Mustang, LLC (Intent to Serve Subpoena) (Averbuch, Allison) |
| Filing 60 NOTICE by 86Mustang, LLC (of Intent to Serve Subpoena) (Averbuch, Allison) |
| Filing 59 NOTICE to Take Deposition of Lavonda Smith filed by 86Mustang, LLC (Averbuch, Allison) |
| Filing 58 NOTICE to Take Deposition of 86Mustang, LLC filed by Lavonda Smith (Billips, Matthew) |
| Filing 57 CERTIFICATE OF SERVICE of Discovery (Plaintiffs Responses to Defendants First Requests for Production of Documents) by Lavonda Smith.(Billips, Matthew) |
| Filing 56 CERTIFICATE OF SERVICE of Discovery (Plaintiffs Responses to Defendants First Interrogatories) by Lavonda Smith.(Billips, Matthew) |
| Filing 55 CERTIFICATE OF SERVICE of Discovery (Rule 5.4) by 86Mustang, LLC.(Averbuch, Allison) |
| Filing 54 CERTIFICATE OF SERVICE of Discovery (Rule 5.4) by 86Mustang, LLC.(Averbuch, Allison) |
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Filing 53
ORDER ADOPTING #45 Report and Recommendations; DENYING AS MOOT #29 Motion to Dismiss because that motion has been mooted by the filing of Plaintiff's amended complaint #37 . Signed by Judge William M. Ray, II on 11/15/2022. (tas)
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| Filing 52 Initial Disclosures by 86Mustang, LLC.(Averbuch, Allison) |
| Filing 51 Certificate of Interested Persons and Corporate Disclosure Statement by 86Mustang, LLC identifying Corporate Parent DH Cars, Incorporated for 86Mustang, LLC. (Averbuch, Allison) |
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Filing 50
SCHEDULING ORDER: re: #49 Joint Preliminary Report and Discovery Plan Discovery ends on 2/20/2023. Summary Judgment Motions due by 3/22/2023. If none filed, Proposed Pretrial Order due by 3/29/2023. The Clerk is DIRECTED to re-submit this action to the undersigned by 4/5/2023 if the parties have not filed a motion for summary judgment or proposed Consolidated Pretrial Order. Signed by Magistrate Judge Regina D Cannon on 10/24/2022. (tas)
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| Filing 49 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Lavonda Smith. (Billips, Matthew) |
| Filing 48 Initial Disclosures by Lavonda Smith.(Billips, Matthew) |
| Filing 47 CERTIFICATE OF SERVICE of Discovery (Plaintiffs First Requests for Admissions, First Interrogatories, and First Requests For Production of Documents to Defendant) by Lavonda Smith.(Billips, Matthew) |
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Filing 46
ORDER for Service of #45 Report and Recommendation by Magistrate Judge Regina D Cannon. 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 Regina D Cannon on 10/14/2022. (tas)
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| Filing 45 REPORT AND RECOMMENDATION that #29 MOTION to Dismiss filed by McDonald's Corporation be DENIED AS MOOT as it no longer concerns a live dispute. Signed by Magistrate Judge Regina D Cannon on 10/14/2022. (tas) |
| Filing 44 NOTICE of Appearance by Patrick James Reid on behalf of Lavonda Smith (Reid, Patrick) |
| Filing 43 NOTICE Of Filing of Certificate of Consent to Withdraw as Counsel for Plaintiff by Lavonda Smith (Billips, Matthew) |
| Filing 42 Guidelines for Discovery and Motion Practice. Signed by Magistrate Judge Regina D Cannon on 9/20/2022. (tas) |
| Filing 41 ANSWER to #37 Amended Complaint by 86Mustang, LLC. Discovery ends on 2/16/2023.(Averbuch, Allison) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 40 Return of Service Executed by Lavonda Smith. 86Mustang, LLC served on 8/27/2022, answer due 9/19/2022. (Billips, Matthew) |
| Filing 39 Summons Issued as to 86Mustang, LLC. (tas) |
| Filing 38 PROPOSED SUMMONS filed by Lavonda Smith (Billips, Matthew) |
| Filing 37 AMENDED COMPLAINT against 86Mustang, LLC with Jury Demand filed by Lavonda Smith.(Billips, Matthew) 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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Filing 36
ORDER DENYING #31 Motion to Substitute Party. IT IS FURTHER ORDERED that Plaintiff be given TEN (10) DAYS to file an amended complaint naming 86Mustang, LLC as the proper defendant. Because Plaintiff's amended complaint could moot McDonald's Motion to Dismiss, [Doc. 29], the undersigned DEFERS making a recommendation on the company's motion at this time. Signed by Magistrate Judge Regina D Cannon on 8/8/2022. (tas)
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| Filing 35 Request for Leave of Absence for the following date(s): September 2-19, 2022, by Matthew C. Billips. (Billips, Matthew) |
| Submission of #31 MOTION to Substitute Party Defendant McDonald's Corporation with 86 Mustangs, LLC, to Magistrate Judge Regina D Cannon. (jkl) |
| Filing 34 Notice for Leave of Absence for the following date(s): August 1, 2022 through and including August 16, 2022; October 7, 2022 through and including October 18, 2022, by Eric Leroy Barnum. (Barnum, Eric) |
| Submission of #29 MOTION to Dismiss , to Magistrate Judge Regina D Cannon. (tas) |
| Filing 33 Defendant's REPLY BRIEF re #29 MOTION to Dismiss filed by McDonald's Corporation. (Turner, Georgia) Modified on 6/7/2022 to edit docket text(tas). |
| Filing 32 NOTICE by Lavonda Smith re #29 MOTION to Dismiss Suggestion of Mootness (Billips, Matthew) |
| Filing 31 MOTION to Substitute Party Defendant McDonald's Corporation with 86 Mustangs, LLC with Brief In Support by Lavonda Smith. (Billips, Matthew) |
| Filing 30 Certificate of Interested Persons by McDonald's Corporation. (Turner, Georgia) |
| Filing 29 MOTION to Dismiss with Brief In Support by McDonald's Corporation. (Attachments: #1 Defendant McDonald's Corporation Memorandum of Law in Support of Its Motion to Dismiss, #2 Exhibit A to Memo, #3 Declaration Certifying Records of Regularly Conducted Business Activity)(Turner, Georgia) |
| Filing 28 Certificate of Interested Persons by Lavonda Smith. (Billips, Matthew) |
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Filing 27
ORDER GRANTING #24 Motion to Set Aside Default as to McDonald's Corporation, and the Clerk is DIRECTED to VACATE AND SET ASIDE its 7/19/2021 entry of default. In addition, McDonald's is ORDERED to respond to Plaintiff's complaint within 14 days of the entry of this Order. #9 Motion for Default Judgment is DENIED. The parties are ORDERED to file their respective CIPs within 14 days of the entry of this Order. Signed by Magistrate Judge Regina D Cannon on 4/25/2022. (adg)
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| Submission of #24 MOTION to Set Aside Default , to Magistrate Judge Regina D Cannon. (tas) |
| Filing 26 REPLY BRIEF re #24 MOTION to Set Aside Default filed by McDonald's Corporation. (Attachments: #1 Exhibit A to Reply Brief in Support of Its Motion to Set Aside Default, #2 Declaration Certifying Records of Regularly Conduced Business Activity)(Turner, Georgia) |
| Filing 25 RESPONSE re #24 MOTION to Set Aside Default Plaintiff's Response to Defendant's Motion to Set Aside Default Judgment filed by Lavonda Smith. (Billips, Matthew) |
| Filing 24 MOTION to Set Aside Default with Brief In Support by McDonald's Corporation. (Attachments: #1 Brief in Support of Its Motion to Set Aside Default)(Barnum, Eric) |
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Filing 23
ORDER staying case through March 24, 2022. The stay will automatically lift upon expiration of this period, at which time the parties shall file an updated status report or, if settlement negotiations fail, Defendant shall respond to Plaintiffs still pending motion for default judgment, Doc. #9 . Signed by Magistrate Judge Regina D Cannon on 2/23/2022. (abm)
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| Filing 22 STATUS REPORT by McDonald's Corporation. (Barnum, Eric) |
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Filing 21
ORDER: It is ORDERED that this action is further STAYED THROUGH FEBRUARY 22, 2022. The stay will automatically lift upon expiration of this period, at which time the parties shall file an updated status report or, if settlement negotiations fail, Defendant shall respond to Plaintiff's still-pending motion for default judgment, #9 . Signed by Magistrate Judge Regina D Cannon on 1/24/22. (ceo)
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| Filing 20 STATUS REPORT by McDonald's Corporation. (Turner, Georgia) |
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Filing 19
ORDER STAYING CASE through JANUARY 21, 2022, at which time The stay will automatically be lifted and parties shall file an updated status report or, if settlement negotiations fail, Defendant shall respond to the #9 Motion for Default Judgment. Signed by Magistrate Judge Regina D Cannon on 12/20/2021. (jkl)
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| Filing 18 STATUS REPORT (Joint) by McDonald's Corporation. (Turner, Georgia) |
| Submission of #16 Order Staying Case and #18 Status Report to Magistrate Judge Regina D Cannon. (abm) |
| Filing 17 NOTICE of Appearance by Georgia Turner on behalf of McDonald's Corporation (Turner, Georgia) |
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Filing 16
ORDER STAYING CASE: For good cause shown, it is ORDERED that this action is further STAYED THROUGH DECEMBER 17, 2021. The stay will automatically lift upon expiration of this period, at which time the parties shall file an updated status report or, if settlement negotiations fail, Defendant shall respond to Plaintiff's still-pending motion for default judgment, (Doc. #9 ). Signed by Magistrate Judge Regina D. Cannon on 11/18/2021. (cmd)
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| Filing 15 STATUS REPORT (JOINT) by McDonald's Corporation. (Barnum, Eric) |
| Submission of #14 Status Report Order and #15 Status Report to Magistrate Judge Regina D Cannon. (abm) |
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Filing 14
STATUS REPORT ORDER. The parties are ORDERED to file a joint status report by 11/17/2021 apprising the Court of the status and anticipated progress of this case. Failure to do so may result in this actions being dismissed for failure to prosecute. Signed by Magistrate Judge Regina D Cannon on 11/10/2021. (adg)
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| Submission of #13 Order on Motion to Stay to Magistrate Judge Regina D Cannon. (abm) |
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Filing 13
ORDER granting #12 Joint Motion to Stay. This action is STAYED FOR 30 DAYS. The stay will automatically lift upon expiration of this period, at which time the parties are ORDERED to provide a status report concerning the anticipated progress of this case. Signed by Magistrate Judge Regina D. Cannon on 10/5/2021. (cmd)
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| Filing 12 Joint MOTION to Stay Consideration of Plaintiff's Motion for Default Judgment with Brief In Support by McDonald's Corporation. (Barnum, Eric) |
| Filing 11 NOTICE of Appearance by Eric Leroy Barnum on behalf of McDonald's Corporation (Barnum, Eric) |
| Filing 10 Certified Mail Returned Receipt re #8 Order. (cmd) |
| Filing 9 MOTION for Default Judgment as to McDonald's Corporation by Lavonda Smith. (Attachments: #1 Exhibit 1: EEOC Charge, #2 Exhibit 2: Notice of RTS, #3 Exhibit 3: Smith Declaration, #4 Exhibit 4: Stewart Declaration)(Billips, Matthew) Modified on 9/24/2021 to edit text. (cmd) |
| Clerk's Certificate of Mailing as to McDonald's Corporation via CM/ERR re #8 Order to Show Cause. (Certified Mail Item No. 91 7199 9991 7032 5718 5284) (cmd) |
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Filing 8
ORDER: Plaintiff is ORDERED to file a well-supported default judgment motion, pursuant to Fed. R. Civ. P. 55(b)(2), or a status report explaining why Plaintiff cannot move for default judgment at this time by September 24, 2021. The Clerk is DIRECTED to send this Order by certified mail, return receipt requested, to Defendant's address, see (Doc. #2 ). Signed by Magistrate Judge Regina D. Cannon on 9/9/2021. (cmd)
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| Clerk's Entry of Default as to McDonald's Corporation. (cmd) |
| Filing 7 MOTION for Clerk's Entry of Default by Lavonda Smith. (Billips, Matthew) Modified on 7/19/2021 to edit text. (cmd) |
| Notification of Docket Correction re #6 MOTION for Clerks Entry of Default: Motion terminated and attorney directed to re-file with correct PDF. (cmd) |
| Filing 6 --DOCUMENT FILED IN ERROR. Attorney directed to re-file with correct PDF-- MOTION for Clerks Entry of Default by Lavonda Smith. (Billips, Matthew) Modified on 7/16/2021 to terminate motion. (cmd) |
| Filing 5 Return of Service Executed by Lavonda Smith. (Billips, Matthew) |
| Filing 4 Return of Service Executed by Lavonda Smith. McDonald's Corporation served on 4/19/2021, answer due 5/10/2021. (Billips, Matthew) |
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Filing 3
ELEVENTH 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 3/9/21. (eop)
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| Filing 2 Electronic Summons Issued as to McDonald's Corporation. (eop) |
| Filing 1 COMPLAINT with Jury Demand filed by Lavonda Smith. (Filing fee $402.00, receipt number AGANDC-10898253) (Attachments: #1 Civil Cover Sheet)(eop) 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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