Graham v. Caterpillar
| Dion Graham |
| Caterpillar |
| 1:2020cv01400 |
| November 16, 2020 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| James E Shadid |
| Civil Rights: Jobs |
| 28 U.S.C. § 451 Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 15, 2022. A more recent docket listing may be available from PACER.
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Filing 32
JUDGMENT IN A CIVIL ACTION. (FDS)
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Filing 31
ORDER & OPINION entered by Judge James E. Shadid on 9/13/22: The Court GRANTS Defendant's Motion for Summary Judgment #22 . The Clerk is directed to enter judgment in favor of Defendant and against Plaintiff. This case is now TERMINATED. SEE FULL WRITTEN ORDER. (FDS)
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Text ORDER granting #29 Motion to Vacate and Continue Final Pretrial Conference and Jury Trial Dates. Final pretrial conference and jury trial dates are vacated pending ruling on the Motion for Summary Judgment. Entered by Judge James E. Shadid on 2/3/2022. (CG)
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Filing 30
REPLY to Response to Motion re #22 MOTION for Summary Judgment filed by Defendant Caterpillar. (Attachments: #1 Exhibit A, #2 Exhibit B)(Smentek, Sharilee)
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Filing 29
MOTION to Vacate and Continue Final Pretrial Conference and Jury Trial Dates by Defendant Caterpillar. Responses due by 2/2/2022 (Smentek, Sharilee)
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TEXT ONLY ORDER granting Unopposed #28 Motion for Extension of Time to File Response/Reply #22 MOTION for Summary Judgment . Defendant's Reply now due by 2/1/2022. Entered by Judge James E. Shadid on 1/11/2022. (SJP)
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Filing 28
Second MOTION for Extension of Time to File Response/Reply (DEADLINE TO FILE REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT) by Defendant Caterpillar. Responses due by 1/24/2022 (Smentek, Sharilee)
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TEXT ONLY ORDER granting Unopposed #27 Motion for Extension of Time to File Response/Reply re: Motion For Summary Judgment, #22 MOTION for Summary Judgment . Replies due by 1/18/2022 (Court closed 1/17/2022). Entered by Judge James E. Shadid on 12/22/2021. (SJP)
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Filing 27
MOTION for Extension of Time to File Response/Reply In Support of Its Motion For Summary Judgment by Defendant Caterpillar. Responses due by 1/4/2022 (Smentek, Sharilee)
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Filing 26
AMENDED - RESPONSE to Motion re #22 MOTION for Summary Judgment filed by Plaintiff Dion Graham. (FDS)
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TEXT ONLY ORDER: Plaintiff recently filed a Response #25 to Defendant's Motion for Summary Judgment which fails to comply with the Federal Rules of Civil Procedure and this Court's Local Rules. The most obvious deficiency in Plaintiff's Response is that it fails to respond to each numbered statement of fact in Defendant's Motion. See CDIL L.R. 7.1(D)(2). Failure to respond to any numbered fact in Defendant's Motion will be deemed an admission of that fact. CDIL L.R. 7.1(D)(2)(b)(6). The Court therefore grants Plaintiff until 12/21/2021 to file an amended response that conforms with the federal and local rules regarding summary judgment. Entered by Judge James E. Shadid on 12/6/2021. (SJP)
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Filing 25
RESPONSE to Motion re #22 MOTION for Summary Judgment filed by Plaintiff Dion Graham. (FDS)
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Filing 24
MEMORANDUM in Support re #22 MOTION for Summary Judgment filed by Defendant Caterpillar. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Smentek, Sharilee)
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Filing 23
RULE 56 NOTICE entered re #22 MOTION for Summary Judgment . (JS)
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Filing 22
MOTION for Summary Judgment by Defendant Caterpillar. Responses due by 12/3/2021 (Smentek, Sharilee)
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Filing 21
Verification of address by Dion Graham: Address is 5728 N. Autumn Ridge, Apt. C, Peoria, IL 61604. (FDS)
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TEXT ORDER: The Court notes that mail the Clerk sent to the Plaintiff was returned by USPS as unable to forward because "no such number." See (Doc. #19 ). Pursuant to CDIL-LR 16.3(K), every pro se plaintiff must notify the Clerk of this Court in writing of any change of address during the entire pendency of his case. Accordingly, the Plaintiff is directed to provide an updated address by 11/15/2021. His failure to do so may result in dismissal of his case for failure to prosecute. Entered by Magistrate Judge Jonathan E. Hawley on 11/1/2021. (KZ)
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TEXT ORDER granting #20 Motion for Extension of Time to File. Dispositive Motions due by 11/12/2021. Final Pretrial Conference reset for 3/11/2022 at 10:00 AM and Jury Trial reset for 4/18/2022 at 9:00 AM, both hearings in Courtroom A in Peoria before Judge James E. Shadid. Entered by Magistrate Judge Jonathan E. Hawley on 11/1/21. (WG)
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Filing 20
MOTION for Extension of Time to File Dispositive Motion by Defendant Caterpillar. Responses due by 11/12/2021 (Smentek, Sharilee)
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Filing 19
Mail Returned as Undeliverable, re 10/20/21 Text Order. Mail sent to Dion Graham. Postmark states Return to Sender. No Such Number. Unable to Forward. (FDS)
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TEXT ONLY ORDER granting Defendant's Unopposed Motion #18 To Extend Dispositive Motion Deadline. Dispositive motions are now due by 11/5/2021. Entered by Judge James E. Shadid on 10/20/2021. (SJP)
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Filing 18
MOTION for Extension of Time to File Dispositive Motion (Unopposed) by Defendant Caterpillar. Responses due by 10/29/2021 (Smentek, Sharilee)
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TEXT ORDER granting #17 unopposed Motion for Extension of Time to Complete Fact Discovery. Fact discovery deadline extended to 8/10/2021. All other deadlines remain as previously set. Entered by Magistrate Judge Jonathan E. Hawley on 7/28/21. (WG)
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Filing 17
MOTION for Extension of Time to Complete Discovery [UNOPPOSED] by Defendant Caterpillar. Responses due by 8/10/2021 (Smentek, Sharilee)
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Filing 16
CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Caterpillar. (Smentek, Sharilee)
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TEXT ORDER denying #12 the Plaintiff's Motion in which he asks that the Court move this case forward and decline dismissal and asks to subpoena his union representative. First, no motion to dismiss this case is pending. Second, as the Defendant points out in its Response #15 , a discovery schedule is now in place so the case is moving forward. Finally, the Plaintiff must not file his discovery requests with the Court. The Plaintiff is reminded that he may utilize any of the discovery methods prescribed in the Federal Rules of Civil Procedure, subject to the same terms and conditions as any other civil litigant. Accordingly, the Plaintiff's Motion #12 is DENIED. Entered by Magistrate Judge Jonathan E. Hawley on 3/8/2021. (KZ)
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Filing 15
RESPONSE to Motion re #12 MOTION [FOR MISCELLANEOUS RELIEF] filed by Defendant Caterpillar. (Smentek, Sharilee)
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Filing 14
TEXT ORDER by U.S. Magistrate Judge Jonathan E. Hawley: The Court adopts the Discovery Plan #13 . Discovery due by 9/7/21. Dispositive Motions due by 10/22/21. Final Pretrial Conference set for 2/24/22 at 3:00 PM and Jury Trial set for 3/28/22 at 9:00 AM, BOTH in Courtroom A before District Judge Shadid. Rule 16 conference set 2/26/21 at 10:00 AM is VACATED. Court stresses the importance of adhering to the schedule and procedures for requests to extend the schedule. The parties are expected to review Judge Hawleys Standing Order that was revised on 12/6/2018. Parties are reminded of their option to consent to proceed before US Magistrate Judge. See attached form. Parties are reminded of option of Court sponsored mediation/Settlement Conference. Counsel/Parties are reminded of the importance of appearing for hearings scheduled via telephone. Failure to appear will result in in-person appearances for all further proceedings. Entered: 2/24/2021. (WG, ilcd)
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Filing 13
DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Caterpillar. (Smentek, Sharilee)
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Filing 12
MOTION by Plaintiff Dion Graham. Responses due by 3/5/2021 (FDS, ilcd)
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Filing 11
TEXT ORDER: This case is set for a Rule 16 scheduling conference before Magistrate Judge Jonathan E. Hawley on 2/26/21 at 10:00 AM via telephone. Counsel are to phone into conference by calling 571-353-2300, then enter 287753270#. Please announce your name each time prior to speaking unless the judge asks a question directly to you so that the speaker may be identified by all. A discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 2/23/21. The parties may, but are not required to, follow the format of the sample discovery plan set forth as Attachment A to the standing order attached to this text order. The Discovery Plan event may be found in the CM/ECF system within the other Documents category. All counsel must read and be familiar with the standing order attached to this text order prior to their Rule 26(f) planning meeting. Entered by Magistrate Judge Jonathan E. Hawley on 1/26/2021. (WG, ilcd)
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Filing 10
ANSWER to #1 Complaint by Caterpillar.(Smentek, Sharilee)
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TEXT ORDER granting #9 Motion for Extension of Time to Answer. Dft Caterpillar answer due 1/25/2021. Entered by Magistrate Judge Jonathan E. Hawley on 12/17/20. (WG, ilcd)
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Filing 9
MOTION for Extension of Time to File Answer DEFENDANTS MOTION FOR AN EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT by Defendant Caterpillar. Responses due by 12/30/2020 (Smentek, Sharilee)
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Filing 8
NOTICE of Appearance of Attorney by Sharilee Kempa Smentek on behalf of Caterpillar (Smentek, Sharilee)
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Filing 7
NOTICE of Appearance of Attorney by Katherine F Mendez on behalf of Caterpillar (Mendez, Katherine)
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Filing 6
SUMMONS Returned Executed by Dion Graham. Caterpillar served on 12/3/2020, answer due 12/24/2020. (FDS, ilcd)
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Filing 5
Mail Returned as Undeliverable, re copy of docket sheet. Mail sent to Dion Graham at #6, 5728 N. Autumn Ridge Ct, Peoria, IL 61604. (ME, ilcd)
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Filing 4
Summons Issued as to Caterpillar. (FDS, ilcd)
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TEXT ONLY ORDER: Plaintiff has filed a Motion #2 for Leave to Proceed in forma pauperis. The Court finds Plaintiff lacks sufficient resources to prepay the filing fee in this case, and therefore GRANTS Plaintiff's Motion #2 to Proceed in forma pauperis. It is further ordered that the Clerk issue summons and the United States Marshal serve a copy of the complaint, summons, and this Order upon the Defendant as directed by the Plaintiff. See28 U.S.C. 1915(d). All costs of service shall be advanced by the United States.Additionally, Plaintiff has filed a Motion #3 to Request Counsel. Although Plaintiff has no absolute right to counsel in his civil proceeding, he asks the Court to exercise its discretion to appoint counsel for him. See Merritt v. Faulkner , 697 F.2d 761, 763 (7th Cir. 1983). When confronted with a motion to appoint counsel, the court should ask whether the petitioner has made efforts to obtain counsel and whether the petitioner appears competent to litigate the case himself. Pruitt v. Mote , 503 F.3d 647, 654 (7th Cir.2007). In his motion for counsel, Plaintiff failed to complete the second paragraph and attach documentation. Therefore, Plaintiff's Motion #3 to Request Counsel is DENIED at this time. Plaintiff may renew his motion to request counsel after resubmitting his motion for appointment of counsel with the second paragraph completed and documentation attached. If Plaintiff renews his motion, Plaintiff must also complete the fourth paragraph. Entered by Judge James E. Shadid on 11/17/2020.(GN2, ilcd)
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Filing 3
MOTION to Request Counsel by Plaintiff Dion Graham. Responses due by 11/30/2020 (TK, ilcd)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Plaintiff Dion Graham. Responses due by 11/30/2020 (TK, ilcd)
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Filing 1
COMPLAINT against Caterpillar, filed by Dion Graham.(TK, ilcd)
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| Defendant: Caterpillar | |
| Represented By: | Katherine F Mendez |
| Represented By: | Sharilee Kempa Smentek |
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