Tanksley v. Faurecia Emissions Control Technologies USA LLC
| JERRE TANKSLEY |
| FAURECIA EMISSIONS CONTROL TECHNOLOGIES USA, LLC |
| Anthony Stites |
| 1:2022cv00475 |
| December 22, 2022 |
| US District Court for the Northern District of Indiana |
| Susan L Collins |
| Damon R Leichty |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 15, 2023. A more recent docket listing may be available from PACER.
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Filing 33
SCHEDULING ORDER: The court SETS a scheduling conference for 11/20/2023 at 10:30 a.m. (EST) to be held via Zoom. Connection information will be provided to the parties by email. The requirements and deadlines from the operative scheduling order remain unchanged, except as modified here. The parties must file a brief written status report on or before 11/13/2023. The deadline to file any dispositive motions, including under Fed. R. Civ. P. 56, remains 01/15/2024. Briefing must be conducted in accordance with local rule. Discovery remains set to close on 12/14/2023. To facilitate this status conference and a prompt trial date, no motion to extend discovery or to continue other pretrial deadlines will be approved after 11/14/2023. Signed by Judge Damon R Leichty on 09/15/2023. (jdb)
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Filing 32
ORDER: The court DENIES the motion to remand #29 as outlined in order. Signed by Judge Damon R Leichty on 7/21/2023. (sej)
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| Filing 31 RESPONSE to Motion re #29 MOTION to Remand to State Court filed by Faurecia Emissions Control Technologies USA, LLC. (Attachments: #1 Exhibit 1 - Declaration of Angela Bowling, #2 Exhibit 2 - Plaintiff's Answer to Interrogatory No. 12, #3 Exhibit 3 - Rule 37-1 Letter)(McDermott, Brian) |
| Filing 30 Defendant's Answer to Plaintiff's Second Amended Complaint and Defenses ANSWER to #28 Amended Complaint by Faurecia Emissions Control Technologies USA, LLC.(McDermott, Brian) |
| Filing 29 MOTION to Remand to State Court by Plaintiff Jerre Tanksley. (Attachments: #1 Exhibit 1 - Interrogatory Answer- Wages)(Hubley, Nathaniel) |
| Amended Pleadings Deadline terminated. (mlc) |
| Filing 28 AMENDED COMPLAINT (Second Amended) against Faurecia Emissions Control Technologies USA, LLC, filed by Jerre Tanksley.(Hubley, Nathaniel) |
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Filing 27
ORDER GRANTING #26 Motion for leave of Court to File Second Amended Complaint filed by Jerre Tanksley. Plaintiff is afforded to and including 5/11/2023, to file the proposed second amended complaint (ECF #26 -1). Plaintiff is further AFFORDED to and including 5/18/2023, to file a motion to remand. Upon the filing of Plaintiff's second amended complaint, the case will be STAYED until resolution of the motion to remand. Signed by Magistrate Judge Susan L Collins on 5/4/2023. (mrm)
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| Filing 26 MOTION to Amend/Correct to File Second Amended Complaint by Plaintiff Jerre Tanksley. (Attachments: #1 Exhibit Second Amended Complaint)(Hubley, Nathaniel) |
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Filing 25
ORDER for Magistrate Judge Susan Collins: #22 Defendant's Motion for Extension of Time to Answer Plaintiff's First Amended Complaint is granted. Defendant granted to and including 3/10/2023 to file an Answer to Plaintiff's #19 Amended Complaint. Text entry order.(mr)
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Filing 24
ORDER DENYING AS MOOT #12 Motion to Dismiss for Failure to State a Claim, by Defendant Faurecia Emissions Control Technologies USA, LLC. as outlined in order. Signed by Judge Damon R Leichty on 3/7/2023. (mrm)
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| Filing 23 Defendant's ANSWER to #19 Amended Complaint and Defenses by Faurecia Emissions Control Technologies USA, LLC.(McDermott, Brian) |
| Filing 22 MOTION for Extension of Time to File Answer by Defendant Faurecia Emissions Control Technologies USA, LLC. (McDermott, Brian) |
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Filing 21
SCHEDULING ORDER AND MEMORANDUM OF PRELIMINARY PRETRIAL CONFERENCE: The Court sets the following deadlines pursuant to Fed. R. Civ. P. 16(b): The parties will exchange the information required by Fed. R. Civ. P. 26(a)(1) by 03/29/2023. The last date for the completion of all fact and expert discovery is 12/14/2023. The serving of reports from retained experts under Rule 26(a)(2) are due from Plaintiff by 01/17/2024; and from Defendant by 03/19/2024. Supplementation under Rule 26(e) due every six weeks until trial. The last date to seek leave of Court to amend the pleadings as to Plaintiff is 04/28/2023; as to Defendant is 05/30/2023. Deadline for filing dispositive motions is 01/15/2024. The last date to file any discovery-related nondispositive motion shall be 30 days prior to the discovery deadline. The parties have agreed upon Anthony Stites as mediator. Signed by Magistrate Judge Susan L Collins on 02/17/2023. (sej)
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| Filing 20 TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 2/17/2023 before Magistrate Judge Susan L Collins. Pla appeared by atty Nathaniel Hubley. Dft appeared by atty Megan Van Pelt. The #16 Report of the Parties Planning Meeting is approved in all respects (except establishment of a trial date) and hereby made and Order of The Court. Anthony Stites appointed as mediator.Atty Hubley to notify Mediator by letter, copy to atty Van Pelt. Magistrate Consent forms due by 3/10/2023. The presiding judge will hold a status conference to set a final pretrial conference and trial. To facilitate this status conference and a prompt trial date, the last date to file any discovery-related nondispositive motion shall be 30 days prior to the discovery deadline. No motion to extend discovery or to continue other pretrial deadlines will be approved after this motion deadline, except upon a showing of extraordinary reasons directed to the presiding judge. Good cause will not be sufficient to constitute an extraordinary reason. Accordingly, the parties are advised to complete timely discovery and, if necessary, file any motion to continue pretrial deadlines, motion to compel, or such motions that may impact the schedule well in advance of this motion deadline to permit any necessary briefing and time for the court to rule. (FTR 1st Floor.) (mrm) |
| Filing 19 AMENDED COMPLAINT against Faurecia Emissions Control Technologies USA, LLC, filed by Jerre Tanksley. (Attachments: #1 Exhibit Notice of Right to Sue)(Hubley, Nathaniel) |
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Filing 18
ORDER GRANTING #17 Motion to Amend/Correct #1 Notice of Removal, by Plaintiff Jerre Tanksley. Plaintiff is afforded to and including 2/23/2023, to file the amended complaint (ECF #17 -1) and add the EEOC's Determination and Notice of Rights as an exhibit. Signed by Magistrate Judge Susan L Collins on 2/16/2023. (mrm)
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| Filing 17 MOTION to Amend/Correct #1 Notice of Removal, by Plaintiff Jerre Tanksley. (Attachments: #1 Exhibit 1 - First Amended Complaint)(Hubley, Nathaniel) |
| Filing 16 REPORT of Rule 26(f) Planning Meeting. (McDermott, Brian) |
| Filing 15 REPLY to Response to Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Faurecia Emissions Control Technologies USA, LLC. (Attachments: #1 Exhibit 1 - Correspondence)(McDermott, Brian) |
| Filing 14 RESPONSE to Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jerre Tanksley. (Theisen, John) |
| Filing 13 MEMORANDUM in Support of #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Faurecia Emissions Control Technologies USA, LLC. (Attachments: #1 Exhibit 1 - Determination, #2 Exhibit 2 - Charge)(McDermott, Brian) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Faurecia Emissions Control Technologies USA, LLC. (McDermott, Brian) |
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Filing 11
ORDER for Magistrate Judge Susan Collins: Due to a conflict on the Court's calendar, the telephonic Rule 16 Preliminary Pretrial Conference set for 2/7/2023 at 10:30 am is VACATED and RESET for 2/17/2023 at 10:30 am. Court to initiate call. Text entry order.(mr)
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| Filing 10 MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (mr) |
| Filing 9 NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 2/7/2023 at 10:30 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr) |
| **NEW CASE** Judge Damon R Leichty and Magistrate Judge Susan L Collins added. (mlc) |
| Set Deadlines/Hearings: Faurecia Emissions Control Technologies USA, LLC answer due 1/26/2023. (per DE 5) (mlc) |
| Filing 6 NOTICE by FAURECIA EMISSIONS CONTROL TECHNOLOGIES USA, LLC re #1 Notice of Removal, PROOF OF SERVICE AND NOTICE OF FILING NOTICE OF REMOVAL IN STATE COURT (McDermott, Brian) |
| Filing 5 AGREED NOTICE to extend time to file answer filed by FAURECIA EMISSIONS CONTROL TECHNOLOGIES USA, LLC ; answer due by January 26, 2023. (McDermott, Brian) |
| Filing 4 Corporate Disclosure Statement by FAURECIA EMISSIONS CONTROL TECHNOLOGIES USA, LLC. (McDermott, Brian) |
| Filing 3 NOTICE of Appearance by Megan A Van Pelt on behalf of FAURECIA EMISSIONS CONTROL TECHNOLOGIES USA, LLC (Van Pelt, Megan) |
| Filing 2 NOTICE of Appearance by Brian L McDermott on behalf of FAURECIA EMISSIONS CONTROL TECHNOLOGIES USA, LLC (McDermott, Brian) |
| Filing 1 NOTICE OF REMOVAL (Filing fee $ 402 receipt number AINNDC-5114402.) from Allen County Superior Court, Cause No. 02D02-2212-CT-000617, filed by FAURECIA EMISSIONS CONTROL TECHNOLOGIES USA, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A - Complaint and Summons, #3 Exhibit B - Proof of Service, #4 Exhibit C - State Court Filings)(McDermott, Brian) |
| Filing 8 DEMAND for Trial by Jury, filed in Allen Superior Court by Jerre Tanksley, filed by Jerre Tanksley.(mlc) |
| Filing 7 STATE COURT COMPLAINT with Jury Demand filed in Allen Superior Court against Faurecia Emissions Control Technologies USA, LLC, filed by Jerre Tanksley.(mlc) |
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