FOSTER v. SMITHSON et al
| LA VERNE FOSTER |
| KEITH DUNCAN, DEBRA GILBERT, MEGAN J. BRENNAN, POSTMASTER GENERAL, UNITED STATES POSTAL SERVICE, JOHN MONSER, DARLENE MORALES, LINDA REID, LaTONIA SMITH, REGINALD L. SMITHSON, LINDA STRONG and VINCE WOLFF |
| 1:2017cv04271 |
| November 15, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
206
Entry Granting Defendants Motion for Summary Judgment - Pro se Plaintiff La Verne Foster alleges claims for disability discrimination against her former employer, the United States Postal Service, under the Rehabilitation Act, 29 U.S.C. § 791. T he Court previously granted Defendants motion for partial summary judgment, dismissing several claims for failure to exhaust administrative remedies. (Entry, ECF No. 68 . Defendant now moves for summary judgment on Fosters remaining claims. ECF No. 184 . Foster also moves for summary judgment. ECF Nos. 189 , 193 . For the reasons explained below, Fosters motion ECF Nos. 189 , 193 is denied, and Defendants motion ECF No. 184 is granted. Various motions ancillary to summary judgment are a lso pending. Defendants motion to modify the scheduling order ECF No. 175 is denied as moot; Fosters motion for leave to file excess pages ECF No. 182 is granted; and Fosters motions to submit additional exhibits ECF No. 196 , 197 are granted . For the reasons set forth above, Fosters motion for summary judgment ECF Nos. 189 , 193 is denied, Defendants motion for summary judgment ECF No. 184 is granted, and Fosters claims are dismissed on the merits with prejudice. Final judgment will be entered separately. (Copy to Plaintiff via U.S. mail). Signed by Judge James R. Sweeney II on 2/18/2020. (JDC)
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Filing
190
ORDER denying 172 Motion for Deposition of Abraham Benjamin. Signed by Magistrate Judge Doris L. Pryor on 7/27/2019 (dist made) (CBU)
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Filing
116
ORDER denying 91 Motion for Depositions. Signed by Magistrate Judge Doris L. Pryor on 12/17/2018 (dist made) (CBU)
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Filing
68
ENTRY - Pro se Plaintiff La Verne Foster brought this lawsuit in November 2017, alleging that her former employer, the U.S. Postal Service ("USPS"), discriminated against her in several ways. Presently pending before the Court are severa l motions: Ms. Foster's Motion to Amend the Agenc[y's] Final Decision Received Untimely, [Filing No. 48 ], USPS's Motion for Partial Summary Judgment, [Filing No. 49 ], Ms. Foster's three Motions for Assistance with Recruitin g Counsel, [Filing No. 60 ; Filing No. 61 ; Filing No. 65 ], and Ms. Foster's Motion to Proceed In Forma Pauperis, [Filing No. 66 ]. For the reasons set forth in this Entry, the Court GRANTS USPS's Motion and DENIES Ms. Foster's Motions. For the reasons described in this Entry, the Court rules as follows: The Court GRANTS USPS's Motion for Partial Summary Judgment 49 and DISMISSES WITHOUT PREJUDICE Ms. Foster's claims pertaining to Agency Numbers 1J-461-0013- 02, 1J-461-0013-14, and 4J-460-0066-17. The Court DENIES Ms. Foster's Motion to Amend the Agenc[y's] Final Decision Received Untimely 48 , "Motion for Summary Judgement in Plaintiffs's [sic] Favor" 56 , and Motion to Pro ceed In Forma Pauperis 66 . The Court DENIES WITHOUT PREJUDICE Ms. Foster's three Motions for Assistance with Recruiting Counsel 60 61 65 . Finally, the Court STRIKES Ms. Foster's submitted amended complaint 67 . The USPS asserts that it "specifically retains the right to challenge [Ms. Foster's remaining] claims, if necessary, through future dispositive motions, as appropriate." [Filing No. 50 at 1.] The Court expects the USPS to raise any future claims to summary judgment in a single motion at the appropriate time, and will not entertain piecemeal dispositive motions practice from either party. (See Entry). Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 7/17/2018. (APD)
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