Ellmann v. Amsted Rail Company, Inc. et al
| KAREN ELLMANN |
| AMSTED RAIL COMPANY, INC., UNITED STEELWORKERS LOCAL 2003 and Local 2003 United Steelworkers |
| 2:2017cv00361 |
| September 11, 2017 |
| US District Court for the Northern District of Indiana |
| Hammond Office |
| Porter |
| James T Moody |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 12, 2019. A more recent docket listing may be available from PACER.
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| Filing 69 APPENDIX to #68 Response to Motion by Karen Ellmann. (Attachments: #1 Appendix Plaintiff's Designation of Evidence in Opposition to Defendant Amsted Rail Company, Inc.'s Motion for Summary Judgment, #2 Exhibit 11 - Karen Ellmanns Internal Gender Discrimination and Hostile Work Environment Complaint, November 1, 2016, AMSTED000001, #3 Exhibit 12 - Email and Attached Memorandum from Wayne Luce to Tom Petermann Responding to Ellmann Complaint, November 9, 2016, AMSTED000138 through AMSTED000142, #4 Exhibit 13 - Karen Ellmanns Internal Retaliation Complaint, November 18, 2016, AMSTED000202, #5 Exhibit 16 - 2014 Performance Review for Karen Ellmann, AMSTED000110 through AMSTED000119, #6 Exhibit 17 - 2015 Performance Review for Karen Ellmann, AMSTED00120 through AMSTED000128, #7 Exhibit 19 - Letter from Amsted Rail to Karen Ellmann for HR Manager position in Hammond, February 24, 2014, AMSTED000068, #8 Exhibit 22 - Termination letter from Amsted Rail to Karen Ellmann, December 19, 2016, AMSTED000010, #9 Exhibit 23 - Email from Kevin Skibinski to Chris Dockery, June 24, 2016, AMSTED000971 through AMSTED000972, #10 Exhibit 26 - 2016 Performance Review for Larry Moore, AMSTED000771-776, #11 Exhibit 27 - Text Messages from Kevin Skibinski to Chris Dockery and Karen Ellmann, DD-ELLMANN-002737 through DD-ELLMANN-002738, #12 Exhibit 30 - Email from Chris Dockery to Michael Reeder, January 8, 2016, AMSTED000991 through AMSTED000992, #13 Exhibit 31 - Chris Dockery Notes from October 20, 2016 meeting, AMSTED000130 through AMSTED000133, #14 Exhibit 32 - Report on Mario Alanis Incident, October 2-3, 2013, AMSTED000279 through AMSTED000280, #15 Exhibit 33 - Text Messages between Eli Maya and Karen Ellmann, DD-ELLMANN- 0002742 through DD-ELLMANN-0002744, #16 Exhibit 34 - Larry Moore Performance Improvement Plan, December 4, 2015, AMSTED000521, #17 Exhibit A - Karen Ellmann Deposition Transcript, Excerpts Only, #18 Exhibit B - Wayne Luce Deposition Transcript, Excerpts Only, #19 Exhibit C - 2011-2013 Performance Reviews for Karen Ellmann, AMSTED000086-109, #20 Exhibit D - Eli Maya Deposition Transcript, Excerpts Only, #21 Exhibit E - Michael Reeder Deposition Transcript, Excerpts Only, #22 Exhibit F - Chris Dockery Deposition Transcript, Excerpts Only, #23 Exhibit G - Kevin Skibinski Deposition Transcript, Excerpts Only, #24 Exhibit H - Text Messages from George (Juan) Simmons to Karen Ellmann, DD-ELLMANN-002754)(Stake, Christopher) |
| Filing 68 RESPONSE to Motion re #65 MOTION for Summary Judgment filed by Karen Ellmann. (Stake, Christopher) |
| Filing 67 APPENDIX to #66 Memorandum in Support (Appendix of Evidentiary Materials Supporting Summary Judgment) by Amsted Rail Company, Inc.. (Attachments: #1 Exhibit 1 Deposition Excerpts - Karen Ellmann, #2 Exhibit 2 Deposition Excerpts - Wayne Luce, #3 Exhibit 3 Deposition Excerpts - Chris Dockery, #4 Exhibit 4 Deposition Excerpts - Kevin Skibinski, #5 Exhibit 5 Deposition Excerpts - Eli Maya, #6 Exhibit 6 Deposition Exhibit 10, #7 Exhibit 7 Deposition Exhibit 11, #8 Exhibit 8 Deposition Exhibit 19, #9 Exhibit 9 Deposition Exhibit 21, #10 Exhibit 10 Deposition Exhibit 22, #11 Exhibit 11 Deposition Exhibit 24, #12 Exhibit 12 Deposition Exhibit 25, #13 Exhibit 13 Deposition Exhibit 28, #14 Exhibit 14 Document AMSTED000203, #15 Exhibit 15 Documents AMSTED000462-463)(Jarrold PHV, Richard) |
| Filing 66 MEMORANDUM in Support of #65 MOTION for Summary Judgment filed by Amsted Rail Company, Inc.. (Jarrold PHV, Richard) |
| Filing 65 MOTION for Summary Judgment by Defendant Amsted Rail Company, Inc.. (Jarrold PHV, Richard) |
Filing 64
MINUTE ORDER (text entry only): Dispositive motions to be filed by 1/18/2019, with Response and Reply Deadlines as set forth by Local Rule 7-1(d). Approved by Senior Judge James T Moody on 11/13/18. (efc)
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Filing 63
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 Senior Judge James T Moody 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. (tc)
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| Filing 62 NOTICE by Karen Ellmann to Request Status Conference to Set Summary Judgment Deadline, Pretrial Conference and Trial Dates (Stake, Christopher) |
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Filing 61
OPINION AND ORDER: GRANTING #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Local 2003 United Steelworkers. Defendant United Steel Workers Local 2003 is TERMINATED as a defendant in this case. Signed by Senior Judge James T Moody on 9/25/2018. (lhc)
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| Filing 60 SETTLEMENT CONFERENCE held on 8/23/2018, before Magistrate Judge Andrew P Rodovich. Pla appeared in person and by atty Christopher Stake. Dfts appeared by attys Nicole Howell, Richard Jarrold w/ Wayne Luca, Robert Hicks w/Carlos Lino. Case did not settle. (tc) |
| Filing 59 TELEPHONIC STATUS CONFERENCE held on 7/27/2018, before Magistrate Judge Andrew P Rodovich. Pla appeared by atty Christopher Stake. Dfts appeared by attys Richard Jarrold, Antonia Domingo, Robert Hicks. Settlement Conference set for 8/23/2018 01:00 PM in US District Court - Hammond before Magistrate Judge Andrew P Rodovich. Plaintiff and a representative of defendants with settlement authority must appear at the settlement conference. Please email confidential settlement statements no later than 5 days prior to Rodovich_Chambers@innd.uscourts.gov. (tc) |
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Filing 58
ORDER granting #57 Application to Appear Pro Hac Vice of Attorney Donald S Prophete PHV for Amsted Rail Company, Inc. Signed by Magistrate Judge Andrew P Rodovich on 5/7/2018. (mtr)
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| Filing 57 Application for Attorney Donald S. Prophete to Appear Pro Hac Vice on behalf of Amsted Rail Company, Inc.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3556571(Pro Hac Vice Temporary login, ) |
| Filing 56 Amsted's Amended ANSWER to #1 Complaint, by Amsted Rail Company, Inc..(Jarrold PHV, Richard) |
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Filing 55
OPINION AND ORDER: The Motion for Leave to Amend its Answer to Include Affirmative Defense #52 is GRANTED. Amsted is DIRECTED to file the Amended Answer to Complaint as a separate docket entry. Signed by Magistrate Judge Andrew P Rodovich on 4/9/2018. (jss) Modified on 4/10/2018 to update docket text to show opinion and order(rmc).
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| Filing 54 REPLY to Response to Motion re #52 MOTION to Amend/Correct #7 Answer to Complaint filed by Amsted Rail Company, Inc.. (Jarrold PHV, Richard) |
| Filing 53 RESPONSE to Motion re #52 MOTION to Amend/Correct #7 Answer to Complaint Opposition filed by Karen Ellmann. (Attachments: #1 Exhibit 1 - Plaintiff's Responses and Objections to Defendant Amsted Rail Company, Inc's First Request for Production of Documents)(Stake, Christopher) |
| Filing 52 MOTION to Amend/Correct #7 Answer to Complaint by Defendant Amsted Rail Company, Inc.. (Attachments: #1 Exhibit A)(Jarrold PHV, Richard) |
| Filing 51 REPLY to Response to Motion re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (*CORRECTED* with correct year included in Certificate of Service) filed by Local 2003 United Steelworkers. (Hicks, Robert) |
| Filing 50 REPLY to Response to Motion re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Local 2003 United Steelworkers. (Hicks, Robert) |
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Filing 49
ORDER: Court GRANTS #48 Second Unopposed Motion for Extension of Time to Provide Objections and Responses to Plaintiff's Initial Written Discovery. Defendant Amsted Rail Company, Inc. granted an extension of time up to and including January 8, 2018, to object and/or respond to Plaintiff's initial written discovery. By Magistrate Judge Andrew P Rodovich on 12/29/2017. Text entry only. (tc)
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| Filing 48 Defendant Amsted's Second Unopposed MOTION for Extension of Time to Provide Objections and Responses to Plaintiff's Initial Written Discovery by Defendant Amsted Rail Company, Inc.. (Jarrold PHV, Richard) Modified on 12/29/2017 to correct docket text. (nal) |
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Filing 47
ORDER: In light of the parties' agreement, the #45 motion is GRANTED. Local 2003 will have up to, and including, Monday 1/8/2018 to submit its Reply Brief in Support of its Motion to Dismiss. Signed by Magistrate Judge Andrew P Rodovich on 12/21/2017. (jss)
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Filing 46
PROTECTIVE ORDER, GRANTING #43 Joint MOTION for Protective Order Stipulated Protective Order by Defendant Amsted Rail Company, Inc. Signed by Magistrate Judge Andrew P Rodovich on 12/21/2017. (lhc)
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| Filing 45 Consent MOTION for Extension of Time to File Response/Reply as to #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Local 2003 United Steelworkers. (Hicks, Robert) |
| Filing 44 RESPONSE to Motion re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Karen Ellmann. (Stake, Christopher) |
| Filing 43 Joint MOTION for Protective Order Stipulated Protective Order by Defendant Amsted Rail Company, Inc.. (Jarrold PHV, Richard) |
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Filing 42
ORDER: The Court GRANTS the Motion to Approve the Withdrawal of Antonia Domingo as Lead Attorney for Amsted Rail Company #41 . Antonia Domingo is WITHDRAWN as counsel for Amsted Rail Company, Inc. Attorney Domingo will continue to represent United Steelworkers Local 2003. The Motion to Approve the Withdrawal of Antonia Domingo as Lead Attorney for Amsted Rail Company, Inc., #40 is DENIED AS MOOT. Signed by Magistrate Judge Andrew P Rodovich on 12/13/2017. (jss)
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| Filing 41 MOTION to Withdraw as Attorney by Defendant Amsted Rail Company, Inc.. (Attachments: #1 Proposed Order)(Domingo PHV, Antonia) |
| Filing 40 MOTION to Withdraw as Attorney for Amsted Rail Company, Inc. by Defendant Local 2003 United Steelworkers. (Hicks, Robert) |
| Filing 39 BRIEF in Support of #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Local 2003 United Steelworkers. (Attachments: #1 Exhibit 1- Unfair Labor Practice Charge, #2 Exhibit 2- Unfair Labor Practice Withdrawal Letter)(Hicks, Robert) |
| Filing 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Local 2003 United Steelworkers. (Hicks, Robert) |
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Filing 37
ORDER: Court GRANTS #36 First Unopposed Motion for Extension of Time to Provide Objections and Responses to Plaintiff's Initial Written Discovery. Defendant Amsted Rail Company, Inc. granted an extension of time up to and including 1/1/2018, to object and/or respond to Plaintiff's initial written discovery. By Magistrate Judge Andrew P Rodovich on 12/4/2017. Text entry only. (tc)
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| Filing 36 First MOTION for Extension of Time to File Objections and Responses to Plaintiff's Initial Written Discovery by Defendant Amsted Rail Company, Inc.. (Jarrold PHV, Richard) |
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Filing 35
ORDER granting #34 Application to Appear Pro Hac Vice of Attorney Antonia O Domingo PHV for Amsted Rail Company, Inc. and for Local 2003 United Steelworkers. Signed by Magistrate Judge Andrew P Rodovich on 11/15/17. (mtr)
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| Filing 34 APPLICATION for Attorney Antonia O Domingo to Appear Pro Hac Vice on behalf of Amsted Rail Company, Inc. and United Steelworkers Local 2003 ; Pro Hac Vice fee of $ 96 has been received, Receipt #3018720. (mtr) |
| Filing 33 NOTICE by Local 2003 United Steelworkers of Service of Initial Disclosures (Hicks, Robert) |
| Filing 32 NOTICE by Amsted Rail Company, Inc. of Service of Initial Disclosures (Jarrold PHV, Richard) |
| Filing 31 NOTICE by Karen Ellmann of Service of Initial Disclosures (Stake, Christopher) |
| Filing 30 AGREED NOTICE to extend time to file answer filed by Local 2003 United Steelworkers ; answer due by 12/11/2017. (Hicks, Robert) |
| Filing 29 TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 11/3/2017, before Magistrate Judge Andrew P Rodovich. Pla appeared by atty Christopher Stake. Dfts appeared by attys Richard Jarrold, Robert Hicks, Antonia Domingo. The Report filed as DE #26 is APPROVED and ADOPTED as amended: Initial Disclosures to be exchanged by 11/13/2017. The last date to complete all non expert discovery is 7/13/2018. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 9/14/2018. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 11/10/2018. The last date to seek leave to join additional parties and to amend the pleadings by the pltf is 12/11/2017; by the dfts is 1/11/2018. Telephonic Status Conference set for 7/27/2018 10:00 AM in US District Court - Hammond before Magistrate Judge Andrew P Rodovich. Pltf to initiate the call. Magistrate Consent forms ddl extended to 11/24/2017. All other dates/ddls to be set by presiding judge at a later time. The summary judgment deadline in FRCP 56 shall not apply. (tc) |
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Filing 28
ORDER WITHDRAWING 13 Clerk's Entry of Default against USW Local 2003. The #22 Unopposed Motion to Set Aside Clerks Entry of Default Against USW Local 2003 is GRANTED. Signed by Magistrate Judge Andrew P Rodovich on 11/3/17. (kjp) Modified dkt text on 11/3/2017 (kjp).
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| Filing 27 SUMMONS Returned Executed by Karen Ellmann. Local 2003 United Steelworkers served on 10/20/2017, answer due 11/13/2017. (Stake, Christopher) |
| Filing 26 REPORT of Rule 26(f) Planning Meeting. (Stake, Christopher) |
| Filing 25 CERTIFICATE OF SERVICE by Amsted Rail Company, Inc. (First Discovery Requests) (Jarrold PHV, Richard) |
| Filing 24 ALIAS SUMMONS ISSUED as to Local 2003 United Steelworkers. NOTE: The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (lhc) |
| Filing 23 Proposed Summons filed by Karen Ellmann. (Stake, Christopher) |
| Filing 22 Consent MOTION to Set Aside 13 Default by Defendant Local 2003 United Steelworkers. (Hicks, Robert) Modified on 10/19/2017 (lhc). |
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Filing 21
ORDER: The Court GRANTS the #20 Motion. The Rule 16 Preliminary Pretrial Conference scheduled for 11/3/2017, at 10:00am (CDT) will be conducted telephonically for ALL PARTIES with counsel for the plaintiff to initiate the call. Signed by Magistrate Judge Andrew P Rodovich on 10/18/2017. (jss)
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| Filing 20 MOTION for Leave to Appear Telephonically at Rule 16 Preliminary Pretrial Conference by Plaintiff Karen Ellmann. (Stake, Christopher) |
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Filing 19
ORDER granting #15 Application to Appear Pro Hac Vice of Attorney Richard E Jarrold PHV for Amsted Rail Company, Inc. Signed by Magistrate Judge Andrew P Rodovich on 10/16/17. (mtr)
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Filing 18
ORDER granting #14 Application to Appear Pro Hac Vice of Attorney Nicole H Howell PHV for Amsted Rail Company, Inc. Signed by Magistrate Judge Andrew P Rodovich on 10/16/17. (mtr)
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| Filing 17 NOTICE of Appearance by Richard J Swanson on behalf of Local 2003 United Steelworkers (Swanson, Richard) |
| Filing 16 NOTICE of Appearance by Robert A Hicks on behalf of Local 2003 United Steelworkers (Hicks, Robert) |
| Filing 15 Application for Attorney Richard Evan Jarrold to Appear Pro Hac Vice on behalf of Amsted Rail Company, Inc.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3381801(Pro Hac Vice Temporary login, ) |
| Filing 14 Application for Attorney Nicole H. Howell to Appear Pro Hac Vice on behalf of Amsted Rail Company. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3381742(Pro Hac Vice Temporary login, ) |
| Filing 12 MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (tc) |
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Filing 11
ORDER AND NOTICE OF HEARING: In Person Rule 16 Preliminary Pretrial Conference set for 11/3/2017 10:00 AM in US District Court - Hammond before Magistrate Judge Andrew P Rodovich. A proposed Discovery Plan under Federal Rule of Civil Procedure 26(f) to be filed no later than five (5) business days prior to the pretrial conference. Signed by Magistrate Judge Andrew P Rodovich on 10/12/2017. (tc)
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| Filing 10 MOTION for Clerks Entry of Default as to United Steel Workers Local 2003 by Plaintiff Karen Ellmann. (Attachments: #1 Affidavit in Support of Application for Clerk's Entry of Default against Defendant United Steel Workers Local 2003)(Stake, Christopher) |
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Filing 9
MINUTE ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge Andrew P Rodovich on 10/11/2017. (tc)
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| Filing 8 Corporate Disclosure Statement by Amsted Rail Company, Inc.. (Gaston-Bell, Michael) |
| Filing 7 ANSWER to #1 Complaint, by Amsted Rail Company, Inc..(Gaston-Bell, Michael) |
| Filing 6 SUMMONS Returned Executed by Karen Ellmann. Local 2003 United Steelworkers served on 9/15/2017, answer due 10/6/2017. (Stake, Christopher) |
| Filing 5 SUMMONS Returned Executed by Karen Ellmann. Amsted Rail Company, Inc. served on 9/19/2017, answer due 10/10/2017. (Stake, Christopher) |
| Filing 4 Summons Issued as to Amsted Rail Company, Inc., Local 2003 United Steelworkers. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (jss) |
| Senior Judge James T Moody and Magistrate Judge Andrew P Rodovich added. *NEW CASE* (jss) |
| Filing 3 NOTICE of Appearance by Christopher S Stake on behalf of KAREN ELLMANN (Stake, Christopher) |
| Filing 2 NOTICE of Appearance by Kathleen A DeLaney on behalf of KAREN ELLMANN (DeLaney, Kathleen) |
| Filing 1 COMPLAINT with JURY DEMAND against AMSTED RAIL COMPANY, INC., UNITED STEELWORKERS LOCAL 2003( Filing fee $ 400 receipt number 0755-3352891.), filed by KAREN ELLMANN. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet)(DeLaney, Kathleen) |
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