FULMORE v. M & M TRANSPORT SERVICES, INC.
| CARL S. FULMORE |
| M & M TRANSPORT SERVICES, INC. |
| 1:2011cv00389 |
| March 21, 2011 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A. Baker |
| Tanya Walton Pratt |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
185
ENTRY - ON DEFENDANT'S POST TRIAL MOTIONS; M&M Transport's Motion for Judgment as a Matter of Law (Dkt. 153 ) is DENIED. M&M Transport's Motion for New Trial or Remittitur (Dkt. 155 ) is DENIED in part and GRANTED in part. M& M Transport's request for a new trial is DENIED, however, Mr. Fulmore's compensatory damages award is remitted to $50,000.00 and the punitive damages award is remitted to $250,000.00. If Mr. Fulmore does not accept the remitted award, a new trialis required. Signed by Judge Tanya Walton Pratt on 4/29/2014. (CKM)
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Filing
164
ORDER - The Court in its discretion ORDERS M&M Transport to file with the Court the original bonds secured within seven (7) days of the date of this Order. Original bonds filed with the Court will be maintained in a locked safe within the Financial Department of the United States District Court Clerk's Office. Signed by Judge Tanya Walton Pratt on 9/12/2013.(JD)
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Filing
151
ENTRY - The Court hereby accepts M&M Transport's supersedeas bond in the aggregate amount of $3,500,000.00. However, M&M Transport must file its anticipated motions and the supersedeas bonds by or on September 3, 2013. Once they are filed, the Court will enter a stay of judgment pending disposition of the anticipated post-trial motions. If M&M Transport does not file its anticipated motions and the supersedeas bonds by or on September 3, 2013, no stay will be granted. A ruling on t he Motion to Stay Execution of Judgment (Dkt. 138 ) is deferred. M&M Transport's Motion to Approve Supersedeas Bond in the Amount of $500,000.00 (Dkt. 139 ) and Motion to Approve Supersedeas Bond in the Amount of $3,000,000.00 (Dkt. 145 ) are GRANTED. Signed by Judge Tanya Walton Pratt on 8/29/2013. (JD)
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Filing
117
ENTRY ON DEFENDANT'S OBJECTION TO EVIDENCE - The Court will OVERRULE M&M's objection (Dkt. 113 ). The parties will be allowed to submit evidence and litigate Mr. Fulmore's hostile work environment claim as it relates to Mr. Fulmore& #039;s coworkers and a supervisor. However, Mr. Fulmore is ORDERED to produce a summary of the allegations and anticipated content of Amin Makin's testimony by noon on Friday, August 2, 2013. Further, Mr. Fulmore shall make his witness, Amin Makin, available for questioning should M&M elect to examine the witness prior to trial. Signed by Judge Tanya Walton Pratt on 7/31/2013.(JD)
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Filing
112
ENTRY on Defendant's Motion to Cap Damages - M&M's Motion to Cap Plaintiff's Damages (Dkt. 87 ) is DENIED. Signed by Judge Tanya Walton Pratt on 7/23/2013.(TRG)
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Filing
110
ENTRY ON MOTIONS IN LIMINE - M&M's first Motion in Limine (Dkt. 80 ) is DENIED. M&M's second Motion in Limine (Dkt. 81 ) is GRANTED. The Court SUSTAINS M&M's objections to Mr. Fulmore's exhibits 3, 4, 5, 6, 7, 8, 9, and 11. As s tated earlier, an order granting or denying a motion in limine is "a preliminary decision... subject to change based upon the court's exposure to the evidence at trial." If, as the trial unfolds, either party wishes to renew its arguments regarding the issues set forth in the motions in limine, they are free to do so. Signed by Judge Tanya Walton Pratt on 7/18/2013. (JD)
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Filing
62
ENTRY - M&M's Motion for Partial Summary Judgment (Dkt. 33 ) is GRANTED in part and DENIED in part. Specifically, M&M's motion is granted with respect to Mr. Fulmore's Title VII prima facie race discrimination claim under Count I an d his Title VII retaliation claims under Count II. Additionally, M&M's motion is granted with respect to Mr. Fulmore's worker's compensation retaliation claim under Count III and his FMLA claim under Count IV. Finally, with respect t o Count V, Mr. Fulmore's claim alleging a violation of Indiana's Wage Payment Statute is DISMISSED WITH PREJUDICE. However, M&M's motion is denied with respect to Mr. Fulmore's hostile work environment claim under Count I and the remaining Indiana Wage Claims Statute claim under Count V. Signed by Judge Tanya Walton Pratt on 10/29/2012. (JD)
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| Defendant: M & M TRANSPORT SERVICES, INC. | |
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| Plaintiff: CARL S. FULMORE | |
| Represented By: | Richard L. Darst |
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