Whitfield v. Northside Hospital, Inc.
| Melodye Whitfield |
| Northside Hospital and Northside Hospital, Inc. |
| 1:2022cv02198 |
| June 2, 2022 |
| US District Court for the Northern District of Georgia |
| Justin S Anand |
| Amy Totenberg |
| Labor: Family and Medical Leave Act |
| 29 U.S.C. § 2601 Family and Medical Leave Act |
| Both |
Docket Report
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This docket was last retrieved on August 2, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 51 CERTIFICATE OF SERVICE Plaintiff's Responses to Def's Interrogatories by Melodye Whitfield.(Legare, Cheryl) |
| Filing 50 CERTIFICATE OF SERVICE Plaintiff's Requests for Production to Defendant by Melodye Whitfield.(Legare, Cheryl) |
| Filing 49 CERTIFICATE OF SERVICE Plaintiff's Interrogatories to Defendant by Melodye Whitfield.(Legare, Cheryl) |
| Filing 48 Request for Leave of Absence for the following date(s): August 22nd thru August 25th, October 20th thru October 30th, and December 21st thru December 29th, 2023, by Chiaka Uzoma Adele. (Adele, Chiaka) |
| Filing 47 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) |
| Filing 46 CERTIFICATE OF SERVICE Plaintiff's Responses to Defendant's Requests for Production of Documents by Melodye Whitfield.(Legare, Cheryl) |
| Filing 45 NOTICE of Appearance by Camille J. Mashman on behalf of Melodye Whitfield (Mashman, Camille) |
ORDER granting #39 Motion to Withdraw as Attorney. Attorney Alessandra Palazzolo terminated. Ordered by Judge Amy Totenberg on 7/3/23. (hfm)
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Filing 44
SCHEDULING ORDER: re: #42 Joint Preliminary Report and Discovery Plan. Discovery ends on 10/17/2023. See document for further specifics. Signed by Magistrate Judge Justin S. Anand on 6/20/2023. (tmf)
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| Filing 43 CERTIFICATE OF SERVICE by Northside Hospital, Inc..(Adele, Chiaka) |
| Filing 42 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Northside Hospital, Inc.. (Adele, Chiaka) |
| Filing 41 CERTIFICATE OF SERVICE by Northside Hospital, Inc..(Adele, Chiaka) |
| Filing 40 CERTIFICATE OF SERVICE Plaintiff's Initial Disclosures by Melodye Whitfield.(Legare, Cheryl) |
| Filing 39 MOTION to Withdraw Alessandra Palazzolo as Attorneyby Melodye Whitfield. (Attachments: #1 Text of Proposed Order)(Palazzolo, Alessandra) |
| Filing 38 CERTIFICATE OF SERVICE /Discovery by Northside Hospital, Inc..(Adele, Chiaka) |
| Filing 37 ANSWER to #34 Amended Complaint by Northside Hospital, Inc.. Discovery ends on 10/16/2023.(Adele, Chiaka) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 36
ORDER: Defendant's Motions for Partial Summary Judgment and to Dismiss [Docs. #10 , #21 ] are DENIED AS MOOT. Signed by Judge Amy Totenberg on 5/17/2023. (tmf)
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| Submission of #32 Order, to Magistrate Judge Justin S. Anand. (hfm) |
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Filing 35
ORDER: Plaintiff's Motion to Amend #33 is GRANTED. The Clerk is DIRECTED to file Plaintiffs Second Amended Complaint [ #33 -1], attached as Exhibit A to Plaintiff's Motion #33 . Defendant shall be permitted to file a response to Plaintiff's Second Amended Complaint within fourteen (14) days after the date of this Order. See Fed. R. Civ. P. 15(a)(3). Signed by Magistrate Judge Justin S. Anand on 5/4/2023. (tmf)
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| Filing 34 SECOND AMENDED COMPLAINT with Jury Demand against Northside Hospital, Inc. filed by Melodye Whitfield.(tmf) 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. |
| Filing 33 Consent MOTION for Leave to File Second Amended Complaint by Melodye Whitfield. (Attachments: #1 Attach. A: Second Amended Complaint, #2 Attach B: Consent Emails)(Legare, Cheryl) |
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Filing 32
ORDER: Plaintiff is ORDERED to file, within twenty-one (21) days from the entry of this Order, any supplemental affidavits or declarations relating to the issues presented in Defendant's Motion for Partial Summary Judgment #10 , along with a supplemental brief that is a maximum of ten pages. Defendant shall also be permitted to file, within twenty-one (21) days from the service of Plaintiff's supplemental brief, a supplemental response brief that is a maximum of ten pages, along with any declarations or affidavits relating to the issues previously argued, if applicable. See document for further specifics. Signed by Magistrate Judge Justin S. Anand on 4/12/2023. (tmf)
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| Filing 31 NOTICE of Appearance of Alessandra Palazzolo by Cheryl Barnes Legare on behalf of Melodye Whitfield (Legare, Cheryl) Modified on 3/6/2023 to edit text and add attorney(tmf). |
| Filing 30 NOTICE of Appearance by Cheryl Barnes Legare on behalf of Melodye Whitfield (Legare, Cheryl) |
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Filing 29
ORDER: As noted previously, in furtherance of the District Judge's Order of January 30, 2023 #27 , the undersigned referred this matter to the leadership of the Mentorship Academy of the Labor and Employment Section of the Georgia Bar, for consideration as to whether one or more members of that Academy might be interested and available in representing Plaintiff in this action. The Court has been informed that Ms. Alessandra Palazzolo of Buckley, Bala, Wilson & Mew, LLP in conjunction with Ms. Cheryl Legare of Legare, Attwood & Wolfe, LLP are interested and would be available to enter an appearance to represent Plaintiff if Plaintiff agrees and if acceptable terms of engagement can be worked out. At this point, the Court will no longer involve itself in the discussions between Plaintiff and prospective counsel. Plaintiff is asked to contact Ms. Legare at 470- 823-4001 or at cblegare@law-llc.com to discuss the matter further. Plaintiff, if interested, must contact prospective counsel within ten (10) days from the entry of this Order, and counsel should enter an appearance, if applicable, within twenty-one (21) days from the entry of this Order. The Court STAYS all deadlines in the case for twenty-one (21) days from the entry of this Order. Signed by Magistrate Judge Justin S. Anand on 2/13/2023. (tmf)
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| Clerk's Certificate of Mailing as to Melodye Whitfield re #29 Order.(tmf) |
| Clerk's Certificate of Mailing as to Melodye Whitfield re #28 Order. (tmf) |
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Filing 28
ORDER: The above-captioned action is before the undersigned on the District Judge's Order of January 30, 2023 #27 , in which the District Judge directed the undersigned to consider appointing counsel for Plaintiff in this matter. See Order #27 at 16. In connection with this direction, the undersigned consulted with representatives of the Mentorship Committee of the Labor and Employment Section of the Atlanta Bar Association and requested that the Committee consider referring the case for consideration by appropriate and interested counsel, if any. If there is potential interest from counsel, the Court will direct such counsel to consult with Plaintiff to discuss any engagement. If at any time, however, Plaintiff files a statement expressing unequivocally that she does not wish to have counsel represent her then the Court will cancel its request for consideration from the bar. The Court also makes no representations as to what, if any, financial arrangements would be necessitated in any attorney engagement, and the Court will be uninvolved in those discussions. Signed by Magistrate Judge Justin S. Anand on 2/3/2023. (tmf)
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Filing 27
ORDER: Defendant's Objections [Doc. #16 ] are OVERRULED. The R&R [Doc. #9 ] is ADOPTED. Defendants first Motion to Dismiss [Doc. #4 ] is GRANTED IN PART AND DENIED IN PART. In light of Plaintiff's pro se status, the Court DIRECTS the Magistrate Judge to evaluate this case to determine whether it would be appropriate to appoint counsel to represent Plaintiff in this action. Signed by Judge Amy Totenberg on 1/30/2023. (tmf)
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| Clerk's Certificate of Mailing as to Melodye Whitfield re #27 Order on Motion to Dismiss for Failure to State a Claim,, Order on Report and Recommendation,. (tmf) |
| Submission of #27 Order, to Magistrate Judge Justin S. Anand. (tmf) |
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Filing 26
ORDER: Defendant's Motion to Strike #15 is DENIED. Signed by Magistrate Judge Justin S. Anand on 1/26/2023. (tmf)
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| Clerk's Certificate of Mailing as to Melodye Whitfield re #26 Order on Motion to Strike. (tmf) |
| Submission of #21 MOTION to Dismiss , to Magistrate Judge Justin S. Anand. (hfm) |
| Filing 25 REPLY BRIEF re #21 MOTION to Dismiss filed by Northside Hospital. (Adele, Chiaka) |
| Filing 24 RESPONSE in Opposition to #21 MOTION to Dismiss filed by Melodye Whitfield. (jpa) |
| Filing 23 NOTICE Of Filing Updated EEOC NRS by Melodye Whitfield (jpa) |
| Submission of #15 MOTION to Strike #13 Reply Brief, , to Magistrate Judge Justin S. Anand. (hfm) |
| Submission of #10 MOTION for Partial Summary Judgment, to Magistrate Judge Justin S. Anand. (hfm) |
| Filing 22 REPLY BRIEF re #10 MOTION for Partial Summary Judgment filed by Northside Hospital. (Adele, Chiaka) |
| Filing 21 MOTION to Dismiss by Northside Hospital. (Attachments: #1 Brief Brief in Support of Motion to Dismiss Plaintiff's Amended Complaint)(Adele, Chiaka) |
| Clerk's Certificate of Mailing as to Melodye Whitfield re #20 Order on Motion for Leave to File Excess Pages. (dob) |
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Filing 20
ORDER granting #19 Motion for Leave to File Excess Pages and allowing Defendant to file a 13 page brief in support of its Motion to Dismiss. Plaintiff shall also be permitted to file a 13 page response brief. Signed by Magistrate Judge Justin S. Anand on 9/30/2022. (dob)
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| Submission of #19 MOTION for Leave to File Excess Pages and Supporting Memorandum, to Magistrate Judge Justin S. Anand. (hfm) |
| Filing 19 MOTION for Leave to File Excess Pages and Supporting Memorandum by Northside Hospital. (Attachments: #1 Text of Proposed Order proposed Order)(Adele, Chiaka) |
| Submission of #9 REPORT AND RECOMMENDATION re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Northside Hospital, to District Judge Amy Totenberg. (hfm) |
| Filing 18 AMENDED COMPLAINT with Jury Demand filed by Melodye Whitfield. (Attachments: #1 Letter)(tmf) 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. |
| Filing 17 RESPONSE in Opposition re #10 MOTION for Partial Summary Judgment filed by Melodye Whitfield. (Attachments: #1 Letter)(tmf) |
| Filing 16 OBJECTIONS to #9 Report and Recommendation & Order filed by Northside Hospital. (Adele, Chiaka) |
| Filing 15 MOTION to Strike #13 Reply Brief, by Northside Hospital. (Attachments: #1 Brief Memo of Law in Support of its Motion to Strike Pl. Reply Brief)(Adele, Chiaka) |
| Filing 14 Certificate of Interested Persons by Melodye Whitfield. (tmf) |
| Filing 13 REPLY BRIEF re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PLAINTIFF MELODYE L. WHITFIELD'S REPLY BRIEF IN FURTHER SUPPORT OF IT'S OPPOSITION TO MOTION TO DISMISS filed by Melodye Whitfield. (tmf) (Additional attachment(s) added on 9/8/2022: #1 Letter) (tmf). |
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Filing 12
ORDER for Service of #9 Report and Recommendation,,, by Magistrate Judge Justin S. Anand. 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 Justin S. Anand on 9/6/2022. (tmf)
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| Filing 11 Clerk's Notice to Parties to Respond to #10 MOTION for Partial Summary Judgment (tmf) |
| Filing 10 MOTION for Partial Summary Judgment by Northside Hospital. (Attachments: #1 Memo, #2 Exhibit)(tmf) --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 9 REPORT AND RECOMMENDATION re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Northside Hospital. IT IS RECOMMENDED that the Defendant's Motion to Dismiss #4 be DENIED as to Plaintiff's FMLA claim. IT IS FURTHER RECOMMENDED that the Defendant's Motion to Dismiss #4 be DENIED IN PART as to Plaintiff's ADA claim, and the Court RESERVES any decision as to the remainder. Specifically, the Court finds that the Motion to Dismiss should be DENIED as meritless as to the administrative exhaustion issue, and DENIED as procedurally improper under Rule 12(b)(6) as to the timeliness issue. The Court reserves any ruling as to whether dismissal is warranted because Plaintiff has failed to state a claim pending Plaintiff's opportunity to amend. Signed by Magistrate Judge Justin S. Anand on 9/6/2022. (tmf) |
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ORDER: The Court converts the Motion to Dismiss #4 on the ADA timeliness issue to a Motion for Partial Summary Judgment. The Clerk is DIRECTED to refile the Defendants Motion to Dismiss #4 as a "Motion for Partial Summary Judgment" under a separate docket entry. Plaintiff may submit any additional evidence to show an issue of disputed fact as to the timeliness of her ADA claim, and any supplemental legal argument on the limited issue of whether summary judgment should be granted on this issue. Plaintiff's response to Defendant's Motion for Partial Summary Judgment must be filed within twenty-one (21) days of the entry of this Order, and is limited to ten (10) pages, unless Plaintiff obtains leave of Court to exceed that limitation. Plaintiff is also ORDERED to file, within twenty-one (21) days of the entry of this Order, a proposed amendment of her ADA claim to cure the deficiencies explained herein. Defendant may respond to any submissions by Plaintiff within fourteen (14) days of service, and Defendant's responses are also limited to ten (10) pages, without further leave of Court. The Court also STAYS the deadline for Defendant to file an Answer until fourteen (14) days after the entry of the final order of the District Court ruling on both the Motion to Dismiss and the Motion for Partial Summary Judgment. Ruled on at #9 R&R by Magistrate Judge Justin S. Anand on 9/6/2022. (tmf)
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| Clerk's Certificate of Mailing as to Melodye Whitfield re #11 Clerk's Notice to Respond to Motion for Summary Judgment, #12 Order for Service of Report and Recommendation, #9 REPORT AND RECOMMENDATION re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Northside Hospital. (tmf) |
| Submission of #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to Magistrate Judge Justin S. Anand. (hfm) |
| Filing 8 Certificate of Interested Persons by Northside Hospital. (Adele, Chiaka) |
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Filing 7
ORDER: A review of the docket indicates that the parties have failed to file Certificates of Interested Persons and Corporate Disclosure Statements ("CIPs"). Pursuant to Local Rule 3.3, a CIP must be filed by counsel for all private parties at the time of first appearance. LR 3.3, NDGa. Although Plaintiff filed the Complaint [l] on June 2, 2022, and Defendant filed a Motion to Dismiss #4 on August 1, 2022, neither party filed a CIP. Accordingly, the parties are ORDERED to file CIPs within fourteen (14) days after the date of this Order. Signed by Magistrate Judge Justin S. Anand on 8/26/2022. (tmf)
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| Clerk's Certificate of Mailing as to Melodye Whitfield re #7 Order,.(tmf) |
| Filing 6 REPLY BRIEF re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Northside Hospital. (Adele, Chiaka) |
| Filing 5 RESPONSE in Opposition re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Melodye Whitfield. (tmf) (Additional attachment(s) added on 8/12/2022: #1 Letter) (tmf). |
| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Northside Hospital. (Attachments: #1 Brief Memo of Law in Support of MTD, #2 Exhibit Exhibit A-C to BIS of MTD)(Adele, Chiaka) |
| Filing 3 WAIVER OF SERVICE Returned Executed. Northside Hospital waiver mailed on 6/3/2022, answer due 8/2/2022. (dob) |
| Filing 2 Summons Issued as to Northside Hospital. (nmb) |
| Filing 1 COMPLAINT with Jury Demand filed by Melodye Whitfield. (Filing fee $402, receipt number GAN100138735) (Attachments: #1 Civil Cover Sheet)(nmb) 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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