Overby v. Northside Hospital, Inc.
| Susannah Overby |
| Northside Hospital, Inc. |
| 1:2021cv05256 |
| December 23, 2021 |
| US District Court for the Northern District of Georgia |
| J P Boulee |
| John K Larkins |
| 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 September 19, 2023. A more recent docket listing may be available from PACER.
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Filing 69
ORDER SCHEDULING MEDIATION. Mediation Hearing set for 11/30/2023 at 10:00 AM in ATLA Courtroom 1879 before Magistrate Judge Regina D Cannon. Signed by Magistrate Judge Regina D Cannon on 9/19/2023. (nmb)
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| Filing 68 Certification of Consent to Substitution of Counsel. Steven Eric Wolfe replacing attorney Camille J. Mashman. (Wolfe, Steven) |
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Filing 67
ORDER GRANTING #66 Motion to Stay. IT IS HEREBY ORDERED that this action is stayed pending mediation. This matter is REFERRED to Magistrate Judge Regina D. Cannon for mediation. Because it is unclear when mediation will occur, the Clerk is DIRECTED to ADMINISTRATIVELY CLOSE this case for docket management purposes. Signed by Judge J. P. Boulee on 9/7/2023. (nmb)
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| CASE REFERRED to Magistrate Judge Regina D Cannon. (nmb) |
| Civil Case Terminated. (nmb) |
| Filing 66 Joint MOTION to Stay and Order Mediation by Northside Hospital, Inc.. (Attachments: #1 Text of Proposed Order)(Freesmeier, Hillary) |
| Filing 65 Notice for Leave of Absence for the following date(s): September 16-23, 2023; October 3-9, 2023; and November 14-17, 2023, by Cheryl Barnes Legare. (Legare, Cheryl) |
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Filing 64
ORDER ADOPTING the #58 Final Report and Recommendation as the order of this Court. Northside's #60 objections are OVERRULED. Northside's #46 Motion for Summary Judgment and Overby's #48 Motion for Partial Summary Judgment are DENIED. The parties are HEREBY ORDERED to file the consolidated pretrial order required by Local Rule 16.4 no later than 21 days from the entry of this Order. In the event a consolidated pretrial order is not filed, the Clerk is DIRECTED to submit the case at the expiration of the applicable time period. If the parties would like a stay of this deadline to allow them to conduct mediation, they may file a motion to that effect. The parties are reminded that the Court can refer this case to mediation before a Magistrate Judge at no cost. If the parties would like such a referral, they may make such a request by filing a motion. Signed by Judge J. P. Boulee on 8/21/2023. (nmb)
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| Filing 63 Notice for Leave of Absence for the following date(s): September 15, 2023; September 25, 2023; October 9-10, 2023; October 18-20, 2023; November 8-10, 2023; November 20-24, 2023; December 15, 2023 through January 3, 2024, by Brian Michael Harris. (Harris, Brian) |
| Filing 62 Request for Leave of Absence for the following date(s): August 3-6, 2023; Sept. 16-23, 2023; October 3-10, 2023, by Cheryl Barnes Legare. (Legare, Cheryl) |
| Submission of #58 FINAL REPORT AND RECOMMENDATION, #46 MOTION for Summary Judgment, #48 MOTION for Partial Summary Judgment to District Judge J. P. Boulee. (jkl) |
| Filing 61 RESPONSE re #60 Objections to Report and Recommendation Plaintiff's Response in Opposition to Defendant's Objections to the R&R filed by Susannah Overby. (Legare, Cheryl) |
| Filing 60 OBJECTIONS to #58 Report and Recommendation filed by Northside Hospital, Inc.. (Harris, Brian) |
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Filing 59
ORDER for Service of #58 Final Report and Recommendation, by Magistrate Judge John K. Larkins, III. 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 John K. Larkins, III on 2/17/2023. (nmb)
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| Filing 58 FINAL REPORT AND RECOMMENDATION re #1 Complaint, filed by Susannah Overby. It is RECOMMENDED that the Defendant's Motion for Summary Judgement and Plaintiff's Motion for Partial Summary Judgment be DENIED. Signed by Magistrate Judge John K. Larkins, III on 2/17/2023. (nmb) |
| FINAL REPORT AND RECOMMENDATION that the #46 MOTION for Summary Judgment filed by Northside Hospital, Inc. and the #48 MOTION for Partial Summary Judgment filed by Susannah Overby be DENIED. Ruled on by Magistrate Judge John K. Larkins, III on 2/17/2023 within the #58 Final Report & Recommendation. (nmb) |
| Filing 57 Request for Leave of Absence for the following date(s): March 6 - 10, 2023, by Brian Michael Harris. (Harris, Brian) Modified dates on 2/3/2023 (nmb). |
| Submission of #46 MOTION for Summary Judgment & #48 MOTION for Summary Judgment Partial Summary Judgment to Magistrate Judge John K. Larkins. (jkl) |
| Filing 56 REPLY BRIEF re #48 MOTION for Summary Judgment Partial Summary Judgment filed by Susannah Overby. (Attachments: #1 Ex. 1 Email, #2 Plaintiff's Responses to Defendant's Statement of Material Facts)(Legare, Cheryl) |
| Filing 55 REPLY BRIEF re #46 MOTION for Summary Judgment filed by Northside Hospital, Inc.. (Attachments: #1 Response to Plaintiff's Statement of Disputed Material Facts, #2 Reply to Plaintiff's Responses and Objections to Defendant's Statement of Material Facts)(Harris, Brian) |
| Filing 54 RESPONSE in Opposition re #46 MOTION for Summary Judgment filed by Susannah Overby. (Attachments: #1 Plaintiff's Response to Defendant's Statement of Material Facts, #2 Ex. 1 - Pl's Second RPDs to Defendant, #3 Ex. 2 - Def's Response to Second RPDs, #4 Ex. 3 - Pl's First RPDs, #5 Ex. 4- Def's Response to First RPDs, #6 Ex.5 - Overby Declaration, #7 Ex. 6 - Pay Summary, #8 Ex. 7 - Def's Response to RFA, #9 Ex. 8 - Time Log, #10 Plaintiff's Statement of Disputed Facts, #11 Ex. 1 - PSMF - Def's Response to RFA, #12 Ex. 2 - PSMF - Pay Summary, #13 Ex. 3 - PSMF - Overby Declaration, #14 Ex. 4 - PSMF - Time Log, #15 Ex. 5 - Severance Policy, #16 Cliett Deposition Excerpts, #17 Cliett Depo Ex. 19, #18 Gist Deposition Excerpts, #19 Gist Depo Ex. 24, #20 Overby Deposition Excerpts, #21 Overby Depo Ex. 5, #22 Overby Depo Ex. 6, #23 Overby Depo Ex. 7, #24 Overby Depo Ex. 11, #25 Wright Deposition Excerpts, #26 Wright Depo Ex. 4, #27 Wright Depo Ex. 5, #28 Wright Depo Ex. 7, #29 Wright Depo Ex. 8, #30 Wright Depo Ex. 9, #31 Wright Depo Ex. 12, #32 Wright Depo Ex. 16, #33 Wright Depo Ex. 17)(Legare, Cheryl) |
| Filing 53 RESPONSE in Opposition re #48 MOTION for Summary Judgment Partial Summary Judgment filed by Northside Hospital, Inc.. (Attachments: #1 Response to Plaintiff's Statement of Undisputed Material Facts, #2 Statement of Additional Material Facts to Which There is No Genuine Issue to be Tried, #3 Exhibit A: Excerpts of Deposition of Susannah Overby, #4 Exhibit B: Excerpts of Deposition of Ryan Cliett, #5 Exhibit C: 2019 Performance Review, #6 Exhibit D: Excerpts of Deposition of Cynthia Gist, #7 Exhibit E: Performance Evaluation Policy, #8 Exhibit F: Declaration of Bridget Green, #9 Exhibit G: Declaration of Ryan Cliett, #10 Exhibit H: Excerpts of Deposition of Billy Wright, #11 Exhibit I: Declaration of Billy Wright, #12 Exhibit J: Leave of Absence Policy, #13 Exhibit K: 1/22/20 Cigna Letter, #14 Exhibit L: Cigna Notice Email, #15 Exhibit M: 3/9/20 Memo Re: Plaintiff, #16 Exhibit N: 3/11/20 Cigna Letter, #17 Exhibit O: Progressive Discipline Policy, #18 Exhibit P: 5/8/20 Email re: Plaintiff, #19 Exhibit Q: Northside's Interrogatory Responses)(Harris, Brian) |
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ORDER by docket entry only, granting #52 Joint Motion for Extension of Time. The parties' responses to the pending motions for summary judgment will be due no later than 12/5/22. Signed by Magistrate Judge John K. Larkins, III on 11/17/22. (emm)
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| Filing 52 Joint MOTION for Extension of Time Respond to Motion for Summary Judgment re: #48 MOTION for Summary Judgment Partial Summary Judgment, #46 MOTION for Summary Judgment by Susannah Overby. (Attachments: #1 Text of Proposed Order)(Legare, Cheryl) |
| Filing 51 DEPOSITION of Ryan Jackson Cliett taken on September 21, 2022 by Susannah Overby. (Attachments: #1 Ex. 5- Progressive Discipline Policy, #2 Ex. 12- Email 3.11.20, #3 Ex. 16- 2019 Overby Performance Review, #4 Ex. 18- Cliett Resume, #5 Ex. 19- 2018 Overby Performance Review)(Legare, Cheryl) |
| Filing 50 DEPOSITION of Cynthia Gist taken on September 21, 2022 by Susannah Overby. (Attachments: #1 Ex. 5-Progressive Discipline Policy, #2 Ex. 7 - Cigna Email 1.22.20, #3 Ex. 9- Email 3.9.20, #4 Ex. 11- Email 3.9.20, #5 Ex. 12- Email Chain 3.11.20, #6 Ex. 14- Email 3.24.20, #7 Ex. 15- Email 5.6.20, #8 Ex. 16- 2019 Performance Review, #9 Ex. 17- Email 5.8.20, #10 Ex. 19- 2018 Performance Review, #11 Ex. 20- FMLA PowerPoint, #12 Ex. 21- FMLA Leave Notice 1/22/20 - 2/6/22, #13 Ex. 22- Summary of Leave Requests, #14 Ex. 23- Goals FY2020, #15 Ex. 24- Northside's Interrogatory Responses, #16 Ex. 25- Emails 5.13.20)(Legare, Cheryl) |
| Filing 49 DEPOSITION of Billy J. Wright taken on August 24, 2022 by Susannah Overby. (Attachments: #1 Ex. 1- Wright Employment Application, #2 Ex. 2 - Transcript for Wright, #3 Ex. 3 - Employee Handbook, #4 Ex. 4- Performance Eval. Policy, #5 Ex. 5- Progressive Discipline Policies, #6 Ex. 6- Email 1.9.20, #7 Ex. 7- Email 1.22.20, #8 Ex. 8-Perkins Letter 2.6.20, #9 Ex. 9- Email 3.9.20, #10 Ex. 10- Email 3.11.20, #11 Ex. 11-Email 3.9.20, #12 Ex. 12 - Email Chain 3.11.20, #13 Ex. 13- Email 3.12.20, #14 Ex. 14- Email 3.24.20, #15 Ex, 15- Email 5.6.20, #16 Ex. 16- 2019 Performance Review, #17 Ex. 17 - Email 5.8.20)(Legare, Cheryl) |
| Filing 48 MOTION for Summary Judgment Partial Summary Judgment by Susannah Overby. (Attachments: #1 Brief, #2 Statement of Material Facts, #3 Ex. 1: Def's Responses to RFA, #4 Ex. 2: Severance Policy)(Legare, Cheryl) --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 47 DEPOSITION of Susannah Overby taken on 09/12/2022 by Northside Hospital, Inc..(Harris, Brian) |
| Filing 46 MOTION for Summary Judgment with Brief In Support by Northside Hospital, Inc.. (Attachments: #1 Exhibit A - Excerpts of the 09/12/22 Deposition of Susannah Overby, #2 Exhibit B - Excerpts of the 09/21/22 Deposition of Ryan Cliett, #3 Exhibit C - 2019 Performance Review, #4 Exhibit D - Declaration of Bridget Green, #5 Exhibit E - Declaration of Ryan Cliett, #6 Exhibit F - Excerpts of the 08/24/22 Deposition of Billy Wright, #7 Exhibit G - Declaration of Billy Wright, #8 Exhibit H - Leave of Absence Policy, #9 Exhibit I - 01/22/2020 CIGNA Letter, #10 Exhibit J - Excerpts of the 09/21/22 Deposition of Cynthia Gist, #11 Exhibit K - CIGNA Notice Email, #12 Exhibit L - 03/09/20 Memo regarding Plaintiff, #13 Exhibit M - 03/11/2020 CIGNA Letter, #14 Exhibit N - Progressive Discipline Policy, #15 Exhibit O - 05/08/2020 Email regarding Plaintiff, #16 Brief, #17 Statement of Material Facts)(Harris, Brian) --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 45 DEPOSITION of Billy J. Wright taken on August 24, 2022 by Susannah Overby. (Attachments: #1 Ex. 1, #2 Ex. 2, #3 Ex. 3, #4 Ex. 4, #5 Ex. 5, #6 Ex. 6, #7 Ex. 7, #8 Ex. 8, #9 Ex. 9, #10 Ex. 10, #11 Ex. 11, #12 Ex. 12, #13 Ex. 13, #14 Ex. 14, #15 Ex. 15, #16 Ex. 16, #17 Ex. 17)(Legare, Cheryl) |
| Filing 44 DEPOSITION of Cynthia Gist taken on September 21, 2022 by Susannah Overby. (Attachments: #1 Ex. 5, #2 Ex. 7, #3 Ex. 9, #4 Ex. 11, #5 Ex. 12, #6 Ex. 14, #7 Ex. 15, #8 Ex. 16, #9 Ex. 17, #10 Ex. 19, #11 Ex. 20, #12 Ex. 21, #13 Ex. 22, #14 Ex. 23, #15 Ex. 24, #16 Ex. 25)(Legare, Cheryl) |
| Filing 43 DEPOSITION of Ryan Jackson Cliett taken on September 21, 2022 by Susannah Overby. (Attachments: #1 Ex. 5, #2 Ex.12, #3 Ex. 16, #4 Ex. 18, #5 Ex. 19)(Legare, Cheryl) |
| Filing 42 CERTIFICATE OF SERVICE of Amended Initial Disclosures by Northside Hospital, Inc..(Harris, Brian) |
| Filing 41 CERTIFICATE OF SERVICE of Defendant Northside Hospital, Inc.'s Responses to Plaintiff's Second Requests for Production of Documents to Defendant by Northside Hospital, Inc..(Harris, Brian) |
| Filing 40 CERTIFICATE OF SERVICE Plaintiff's Amended Responses to Interrogatories by Susannah Overby.(Legare, Cheryl) |
| Filing 39 CERTIFICATE OF SERVICE Plaintiff's Second Amended Initial Disclosures by Susannah Overby.(Legare, Cheryl) |
| Filing 38 CERTIFICATE OF SERVICE of Defendant's Amended Objections and Responses to Plaintiff's Notice of 30(b)(6) Deposition by Northside Hospital, Inc..(Harris, Brian) |
| Filing 37 CERTIFICATE OF SERVICE of Defendant's Supplemental Response to Plaintiff's First Requests for Production of Documents to Defendant by Northside Hospital, Inc..(Harris, Brian) |
| Filing 36 Amended NOTICE to Take Deposition of Cynthia Gist filed by Susannah Overby (Legare, Cheryl) |
| Filing 35 Amended NOTICE to Take Deposition of Ryan Cliett filed by Susannah Overby (Legare, Cheryl) |
| Filing 34 CERTIFICATE OF SERVICE Plaintiff's Second Request for Production of Documents to Defendant by Susannah Overby.(Legare, Cheryl) |
| Filing 33 NOTICE by Northside Hospital, Inc. of Deposition of Susannah Overby (Harris, Brian) |
| Filing 32 NOTICE to Take Deposition of Billy Wright filed by Susannah Overby (Legare, Cheryl) |
| Filing 31 Joint MOTION for Extension of Time of the Discovery Deadline by Northside Hospital, Inc.. (Attachments: #1 Text of Proposed Order)(Harris, Brian) |
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ORDER by docket entry only, granting #31 Joint Motion to Extend the Discovery Deadline. Discovery shall end on 10/7/22. Any motions for summary judgment shall be filed no later than 11/7/22. Signed by Magistrate Judge John K. Larkins, III on 8/9/22. (emm)
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| Filing 30 NOTICE to Take Deposition of Susannah Overby filed by Northside Hospital, Inc. (Harris, Brian) |
| Filing 29 NOTICE to Take Deposition of Plaintiff Susannah Overby filed by Northside Hospital, Inc. (Harris, Brian) |
| Filing 28 NOTICE to Take Deposition of Cynthia Gist filed by Susannah Overby (Legare, Cheryl) |
| Filing 27 NOTICE to Take Deposition of Ryan Cliett filed by Susannah Overby (Legare, Cheryl) |
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ORDER by docket entry only, granting #26 Joint Motion for Extension of Time to Complete Discovery. Discovery ends on 8/23/22. Subsequent deadlines are extended accordingly. Signed by Magistrate Judge John K. Larkins, III on 5/25/22.
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| Filing 26 Joint MOTION for Extension of Time to Complete Discovery by Susannah Overby. (Attachments: #1 Text of Proposed Order)(Legare, Cheryl) |
| Notification of Docket Correction re #25 Joint MOTION for Extension of Time to Complete Discovery. Per counsel, document filed in error. (tcc) |
| Filing 25 (PER COUNSEL, DOCUMENT FILED IN ERROR) Joint MOTION for Extension of Time to Complete Discovery by Susannah Overby. (Attachments: #1 Text of Proposed Order)(Legare, Cheryl) Modified on 5/19/2022 (tcc). |
| Filing 24 Request for Leave of Absence for the following date(s): June 2-9, 2022, July 18-25, and August 1-5, 2022, by Brian Michael Harris. (anc) Modified on 5/17/2022 - refiled from #23 (anc). |
| Filing 23 NOTICE by Northside Hospital, Inc. Request for Leave of Absence (Harris, Brian) |
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Filing 22
ORDER granting #20 Motion for Protective Order. Signed by Magistrate Judge John K. Larkins, III on 5/12/2022. (anc)
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Filing 21
CONFIDENTIALITY AGREEMENT AND CONSENT PROTECTIVE ORDER granting #20 Motion for Protective Order. Signed by Magistrate Judge John K. Larkins, III on 5/12/2022. (anc)
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| Filing 20 Joint MOTION for Protective Order and Confidentiality Agreement by Northside Hospital, Inc.. (Attachments: #1 Exhibit A: Confidentiality Agreement and Consent Protective Order)(Freesmeier, Hillary) |
| Filing 19 CERTIFICATE OF SERVICE Plaintiff's Response to Defendant's Request for Production of Documents by Susannah Overby.(Legare, Cheryl) |
| Filing 18 CERTIFICATE OF SERVICE Plaintiff's Response to Defendant's Interrogatories by Susannah Overby.(Legare, Cheryl) |
| Filing 17 CERTIFICATE OF SERVICE by Northside Hospital, Inc..(Freesmeier, Hillary) |
| Filing 16 CERTIFICATE OF SERVICE Plaintiff's Amended Initial Disclosures by Susannah Overby.(Legare, Cheryl) |
| Filing 15 CERTIFICATE OF SERVICE by Northside Hospital, Inc..(Freesmeier, Hillary) |
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Filing 14
SCHEDULING ORDER AND INSTRUCTIONS REGARDINGMANAGEMENT OF CIVIL CASES re: #11 Joint Preliminary Report and Discovery Plan. Discovery ends on 6/24/2022. Summary Judgment Motions due by 7/25/2022. Signed by Magistrate Judge John K. Larkins, III on 2/25/2022. (anc)
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| Filing 13 CERTIFICATE OF SERVICE for Defendant's Initial Disclosures by Northside Hospital, Inc..(Freesmeier, Hillary) |
| Filing 12 CERTIFICATE OF SERVICE Plaintiff's Initial Disclosures by Susannah Overby.(Legare, Cheryl) |
| Filing 11 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Susannah Overby. (Legare, Cheryl) |
| Filing 10 CERTIFICATE OF SERVICE Plaintiff's First Request for Production of Documents by Susannah Overby.(Legare, Cheryl) |
| Filing 9 CERTIFICATE OF SERVICE Plaintiff's First Interrogatories by Susannah Overby.(Legare, Cheryl) |
| Filing 8 CERTIFICATE OF SERVICE Plaintiff's First Request for Admission by Susannah Overby.(Legare, Cheryl) |
| NOTICE: Effective immediately, all communications related to cases assigned to Judge Boulee should be directed to 404-215-1410 or CRD_JPB@gand.uscourts.gov. (abm) |
| Filing 7 Certificate of Interested Persons by Susannah Overby. (Legare, Cheryl) |
| Filing 6 Certificate of Interested Persons and Corporate Disclosure Statement by Northside Hospital, Inc. identifying Corporate Parent Northside Health Services, Inc. for Northside Hospital, Inc.. (Harris, Brian) |
| Filing 5 ANSWER to #1 COMPLAINT by Northside Hospital, Inc.. Discovery ends on 6/24/2022.(Harris, Brian) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 4 Return of Service Executed by Susannah Overby. Northside Hospital, Inc. served on 1/4/2022, answer due 1/25/2022. (Legare, Cheryl) |
| Filing 3 Electronic Summons Issued as to Northside Hospital, Inc. (cmd) |
| Filing 2 PROPOSED SUMMONS filed by Susannah Overby (Legare, Cheryl) |
| Filing 1 COMPLAINT with Jury Demand filed by Susannah Overby. (Filing fee $402, receipt number AGANDC-11478272) (Attachments: #1 Civil Cover Sheet)(jra) 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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