Smith v. Progress Rail Services Corporation et al
| Darryl Wade Smith |
| Progress Rail Services Corporation and JMJ Personnel Inc |
| 2:2010cv00149 |
| April 7, 2010 |
| US District Court for the Northern District of Indiana |
| Hammond Office |
| Lake |
| Philip P Simon |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 10, 2012. A more recent docket listing may be available from PACER.
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Filing 45
ORDER: Court GRANTS #44 Stipulation of Dismissal. The Plaintiff's claims are DISMISSED WITH PREJUDICE, the parties to pay their respective costs and fees without reimbursement. Signed by Chief Judge Philip P Simon on 5/10/2012. (tc)
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| Filing 44 MOTION to Dismiss by Plaintiff Darryl Wade Smith. (Norwood, Elizabeth) |
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Filing 42
ORDER: Court GRANTS Defendant Progress Rail thirty days in which to file either a motion to enforce the settlement or a motion for summary judgment. Signed by Chief Judge Philip P Simon on 4/10/2012. (tc)
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| Filing 43 STATUS CONFERENCE/SETTLEMENT CONFERENCE held on 4/09/2012 before Chief Judge Philip P. Simon. Plf is present in person and by cnsl Elizabeth D. Tate. Dft is present by cnsl Ryan H. Vann. Settlement not reached. Dft Progress Rail shall have thirty (30) days in which to file either a motion to enforce the (previous) settlement agreement or a motion for summary judgment. (Court Reporter Sharon Boleck-Mroz.) (nac). |
| Filing 41 IN-PERSON STATUS CONFERENCE held on 4/4/2012 before Chief Judge Philip P. Simon. Plf present by atty Elizabeth D. Tate Norwood. Dft is present by atty Ryan H. Vann. Discussion on issues related to the settlement of this case. Court sets another In-Person Status Conference at which the plaintiff, Darryl Wade Smith is ORDERED to be present. In-Person Status Conference is now set for 4/9/2012 01:00 PM in US District Court - Hammond before Chief Judge Philip P Simon. (Court Reporter Sharon Boleck-Mroz.) (nac). |
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Filing 40
ORDER: Court SETS this case for an In-Person Status Hearing on 4/4/2012 09:30 AM in US District Court - Hammond before Chief Judge Philip P Simon. Signed by Chief Judge Philip P Simon on 3/20/2012. (tc)
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| Filing 39 STATUS REPORT Motion to reinstate briefing scheduleand trial by Darryl Wade Smith. (Tate, Elizabeth) |
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Filing 38
ORDER granting #37 Motion to Stay the Proceedings Pending Finalization of Settlement. Parties are ORDERED to file a stipulation of dismissal within 30 days from entry of this order. The dispositive motion deadlines will be vacated, and the proceedings will be stayed pending the entry of a stipulation of dismissal. Signed by Chief Judge Philip P Simon on 2/28/2012. (nac)
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| Filing 37 MOTION to Stay Proceedings Pending Finalization of Settlement by Defendant Progress Rail Services Corporation. (Vann PHV, Ryan) |
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Filing 36
ORDER: Court GRANTS #35 Unopposed Motion to Extend the Dispositive Motion Deadline. Summary judgment motions due on 2/28/2012. Responses to be filed by 4/6/2012, and replies will be due 4/20/2012. No further extensions will be granted. Signed by Chief Judge Philip P Simon on 2/8/2012. (tc)
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| Filing 35 MOTION for Extension of Time to File Dispostive Motions by Defendant Progress Rail Services Corporation. (Vann PHV, Ryan) |
| Filing 34 TELEPHONE CONFERENCE held on 12/19/2011 before Chief Judge Philip P. Simon. Plf present by Atty Elizabeth D. Tate. Dft present by Atty Ryan H. Vann. Summary of the case provided to the Court. Court sets deadlines: Dispositive motions to be filed by 2/21/2012, Response to be filed by 3/30/2012, Reply to be filed by 4/13/2012. Jury Trial (2-3 days) set for 7/30/2012 08:30 AM in US District Court - Hammond before Chief Judge Philip P Simon. Final Pretrial Conference/Setttlement Conference set for 6/27/2012 09:30 AM in US District Court - Hammond before Chief Judge Philip P Simon. Persons with settlement authority shall be present at the Settlement Conference. A confidential position document shall be provided to the Court 48 hours in advance of the Settlement Conference. (Court Reporter Sharon Boleck-Mroz.) (nac) Modified on 12/20/2011 to add additional information.(nac). |
| Set/Reset Hearings: Jury Trial set for 7/30/2012 08:30 AM in US District Court - Hammond before Chief Judge Philip P Simon. (nac) |
| Filing 33 NOTICE of Hearing: Telephonic Scheduling Conference RESET for 12/19/2011 09:30 AM in US District Court - Hammond before Chief Judge Philip P Simon. Please note that this is a change in time only. (previous setting was 1:00 p.m.). (nac) Modified on 12/8/2011 to list hrg as Scheduling Conference as in previous notice. (nac). |
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Filing 32
ORDER: Court SETS a Telephonic Scheduling Conference for 12/19/2011 01:00 PM in US District Court - Hammond before Chief Judge Philip P Simon. The Court will initiate the telephone conference. The parties are ORDERED to notify the Case Management Deputy by email at simon_chambers@innd.uscourts.gov by 12/9/2011 at 5:00 PM as to which attorneys will be participating on the conference call; and what telephone number should be used to contact those attorneys. Signed by Chief Judge Philip P Simon on 12/6/2011. (tc)
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Filing 31
ORDER For Pretrial Conference, Notice of Trial Setting and Order Controlling The Case. Signed by Chief Judge Philip P Simon on 12/5/2011. (nac)
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Filing 30
NOTICE: Because the discovery period in this case has now concluded and there are no pending non-dispositive motions, the referral to Magistrate Judge Andrew P Rodovich is now terminated. All further matters will now be handled by Chief Judge Philip P Simon unless otherwise directed. This entry constitutes the court's order on this matter and shall carry the same weight and authority as a written order signed by the judge. (plm)
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Filing 29
ORDER: Court GRANTS #28 Joint Motion to Extend the Discovery Deadline. Discovery deadline is EXTENDED to and including 11/30/2011. Signed by Magistrate Judge Andrew P Rodovich on 7/21/2011. (tc)
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| Filing 28 MOTION for Extension of Time to Complete Discovery by Plaintiff Darryl Wade Smith. (Tate, Elizabeth) |
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Filing 27
ORDER: Court GRANTS Pla #26 Motion to Dismiss. Dft JMJ Personnel, Inc d/b/a Sedona Staffing DISMISSED WITH PREJUDICE. Pla claims against Dft Progress Rail Services Corporation remain pending. Signed by Chief Judge Philip P Simon on 11/29/2010. (jjj)
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| Filing 26 MOTION to Dismiss JMJ Personnel Inc. by Plaintiff Darryl Wade Smith. (Tate, Elizabeth) |
| Filing 25 RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 10/1/2010 before Magistrate Judge Andrew P Rodovich. Pla appeared by atty Elizabeth Tate. Dfts appeared by attys Ryan Vann, Miriam Graghty and Larry Evans. Any amendments to the pleadings to be filed by 1/28/2011. Discovery deadline is 8/31/2011. All other dates/ddls to be set by presiding judge at a later time. Magistrate Consent forms deadline extended to 10/22/2010. (plm) |
| Filing 24 REPORT of Rule 26(f) Planning Meeting. (Tate, Elizabeth) |
| Filing 23 NOTICE of Hearing: regarding #19 : Due to a conflict in the court's calendar Rule 16 Preliminary Pretrial Conference reset for 10/1/2010 11:30 AM in US District Court - Hammond before Magistrate Judge Andrew P Rodovich. (plm) |
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Filing 22
ORDER: Court GRANTS #21 Motion to Continue Rule 16 Preliminary Pretrial Conference RESET for 9/17/2010 10:30 AM in US District Court - Hammond before Magistrate Judge Andrew P Rodovich. Signed by Magistrate Judge Andrew P Rodovich on 7/20/2010. (jjj)
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| Filing 21 MOTION to Continue by Defendant JMJ Personnel Inc. (Evans, Larry) |
| Filing 20 MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (plm) |
| Filing 19 NOTICE of Hearing: Rule 16 Preliminary Pretrial Conference set for 8/13/2010 10:30 AM in US District Court - Hammond before Magistrate Judge Andrew P Rodovich. (plm) |
| Filing 18 ANSWER to #1 Complaint by JMJ Personnel Inc.(Evans, Larry) |
| Filing 17 NOTICE of Appearance by James L Jorgensen on behalf of JMJ Personnel Inc (Jorgensen, James) |
| Filing 16 AGREED NOTICE to extend time to file answer filed by JMJ Personnel Inc ; answer due by June 10, 2010. (Evans, Larry) |
| Filing 15 NOTICE of Appearance by Larry G Evans on behalf of JMJ Personnel Inc (Evans, Larry) |
| Filing 14 SUMMONS Returned Executed by Darryl Wade Smith. JMJ Personnel Inc served on 5/3/2010, answer due 5/24/2010 (Norwood, Elizabeth) Modified on 5/12/2010 to include party served and due date of answer (rmn). |
| Filing 13 (REFILED SEE DE #14 ) SUMMONS Returned Executed by Darryl Wade Smith. JMJ Personnel Inc served on 5/3/2010, answer due 5/24/2010. (Norwood, Elizabeth) Modified on 5/12/2010 (rmn). |
| Filing 12 SUMMONS Returned Executed by Darryl Wade Smith. Progress Rail Services Corporation served on 4/13/2010, answer due 5/4/2010. (Norwood, Elizabeth) |
| Filing 9 Corporate Disclosure Statement by Progress Rail Services Corporation identifying Corporate Parent Caterpillar Incorporated for Progress Rail Services Corporation.. (Vann PHV, Ryan) |
| Filing 8 Defendant Progress Rail Services Corporation ANSWER to #1 Complaint by Progress Rail Services Corporation.(Vann PHV, Ryan) |
| Filing 7 NOTICE of Appearance by Ryan H Vann PHV on behalf of Progress Rail Services Corporation (Vann PHV, Ryan) |
| Filing 6 NOTICE of Appearance by Robert J Mignin PHV on behalf of Progress Rail Services Corporation (Mignin PHV, Robert) |
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Filing 11
ORDER granting 4 Application to Appear Pro Hac Vice of Attorney Ryan Vann for Dft Progress Rail Services Corp. Signed by Magistrate Judge Andrew P Rodovich on 5/3/2010. (jjj)
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Filing 10
ORDER granting 3 Application to Appear Pro Hac Vice of Attorney Robert Mignin for Dft Progress Rail Services Corp. Signed by Magistrate Judge Andrew P Rodovich on 5/3/2010. (jjj)
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| Filing 5 ALIAS Summons as to JMJ Personnel Inc issued 5/3/2010. (jjj) |
| Filing 4 APPLICATION for Attorney Ryan Vann to Appear Pro Hac Vice on behalf of Progress Rail Services Corporation; Receipt #2216614. (jjj) |
| Filing 3 APPLICATION for Attorney Robert Mignin to Appear Pro Hac Vice on behalf of Progress Rail Services Corporation; Receipt #2216613. (jjj) |
| Filing 2 Summons Issued as to JMJ Personnel Inc, Progress Rail Services Corporation. (sda) |
| Filing 1 COMPLAINT with Jury Demand against JMJ Personnel Inc, Progress Rail Services Corporation (Filing fee $ 350.) Receipt #2216458, filed by Darryl Wade Smith. (Attachments: #1 Civil Cover Sheet)(sda) |
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