NOETHTICH v. PROGRESS RAIL MANUFACTURING CORPORATION
| JAMES E. NOETHTICH, JR. |
| CATERPILLAR, PROGRESS RAIL and PROGRESS RAIL MANUFACTURING CORPORATION |
| 1:2020cv00600 |
| February 24, 2020 |
| US District Court for the Southern District of Indiana |
| James Patrick Hanlon |
| Doris L Pryor |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| Plaintiff |
Docket Report
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| Filing 52 CLOSED DISMISSED (Marginal Notation) - The Court acknowledges the Stipulation of Dismissal, dkt. #51 , with prejudice, of this lawsuit, costs paid. Signed by Judge James Patrick Hanlon on 7/6/2021.(DWH) |
| Filing 51 STIPULATION of Dismissal , as to Defendants PROGRESS RAIL MANUFACTURING CORPORATION, CATERPILLAR, Plaintiff JAMES E. NOETHTICH, JR, filed by PROGRESS RAIL MANUFACTURING CORPORATION. (Attachments: #1 Text of Proposed Order)(Michelsen, Jan) |
Filing 50
ORDER granting Plaintiff's #49 Motion for Extension of Time to File Motion to Dismiss or Stipulation of Dismissal to 6/18/2021. Signed by Magistrate Judge Doris L. Pryor on 5/21/2021. (SWM)
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| Filing 49 Second MOTION for Extension of Time to 06/18/2021 in which to #48 Order on Motion for Extension of Time to File Stipulation of Dismissal, filed by Plaintiff JAMES E. NOETHTICH, JR. (Attachments: #1 Text of Proposed Order)(Clay, Robin) |
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Filing 48
ORDER granting Parties' #47 Joint Motion for Extension of Time to File Dismissal Documents to 5/19/2021. Signed by Magistrate Judge Doris L. Pryor on 4/5/2021. (SWM)
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| Filing 47 Joint MOTION for Extension of Time to May 19, 2021 For Dismissal of Matter, filed by Defendant PROGRESS RAIL MANUFACTURING CORPORATION. (Attachments: #1 Text of Proposed Order JOINT MOTION TO EXTEND)(Michelsen, Jan) |
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Filing 46
MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared in person and by counsel for a settlement conference on March 2, 2021. A settlement has been reached in this action. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences, and trial, if any, are VACATED.Within thirty (30) days of the date of this entry, the parties shall file a motion to dismiss this cause and submit an order for the Court's signature ordering the dismissal of this action or a stipulation of dismissal (consistent with the agreement of the parties). Additional time to complete the execution of the settlement documents may be granted for good cause shown, if requested in writing before expiration of this period. Signed by Magistrate Judge Doris L. Pryor. (CAG)
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Filing 43
MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: Counsel for Plaintiff appeared by telephone for a Status Conference on February 4, 2021. Counsel for Defendant failed to appear. The parties discussed the status of and future plans for discovery. The parties also discussed the Settlement Conference scheduled for March 2, 2021. The parties reported that they are ready to proceed in good faith. The Court hereby CONVERTS the settlement conference from in person to telephonic; all other requirements of the Court's order scheduling the settlement conference, Dkt. #19 , remain in effect, and all persons required to appear by that order shall appear by telephone for the settlement conference via call-in information to be separately provided. Signed by Magistrate Judge Doris L. Pryor. (CAG)
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Filing 41
MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on December 10, 2020. The parties discussed the status of and future plans for discovery.This matter is scheduled for a telephonic status conference on February 4, 2021 at 3:45 p.m. (Eastern) to discuss case status. Counsel shall attend the statusconference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG)
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Filing 40
ORDER granting Defendant's #38 Motion for Continuance - Settlement Conference RESET for 3/2/2021 01:30 PM (Eastern Time) in room #255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Doris L. Pryor. All other requirements in the Court's minute entry dated June 16, 2020 (Dkt. #19 ) shall remain in effect. Signed by Magistrate Judge Doris L. Pryor on 12/9/2020.(SWM)
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| Filing 38 Unopposed MOTION for Continuance of Settlement Conference, filed by Defendant PROGRESS RAIL MANUFACTURING CORPORATION. (Attachments: #1 Text of Proposed Order)(Michelsen, Jan) |
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Filing 37
MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on November 6, 2020. The parties discussed the status of and future plans for discovery. This matter is scheduled for a telephonic status conference on December 10, 2020 at 9:15 a.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG)
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| Filing 36 ANSWER to #34 Amended Complaint , filed by PROGRESS RAIL MANUFACTURING CORPORATION.(Michelsen, Jan) |
| Filing 34 AMENDED COMPLAINT Second against All Defendants, filed by JAMES E. NOETHTICH, JR. (Attachments: #1 Exhibit EEOC Dismissal, #2 Exhibit 2nd EEOC Dismissal)(Clay, Robin) |
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Filing 33
ORDER granting Plaintiff's #30 Motion for Leave to File Second Amended Complaint. The Plaintiff shall file the Second Amended Complaint within three (3) days of this Order. Signed by Magistrate Judge Doris L. Pryor on 10/16/2020. (SWM)
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| Filing 32 Exhibit List Preliminary, filed by Plaintiff JAMES E. NOETHTICH, JR. (Clay, Robin) |
| Filing 31 Witness List Preliminary, filed by Plaintiff JAMES E. NOETHTICH, JR. (Clay, Robin) |
| Filing 30 Second MOTION for Leave to File Amended Complaint, filed by Plaintiff JAMES E. NOETHTICH, JR. (Attachments: #1 Exhibit Complaint, #2 Exhibit A- Right to Sue, #3 Exhibit B-Right to Sue, #4 Text of Proposed Order)(Clay, Robin) |
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Filing 29
MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on October 1, 2020. The parties discussed the status of and future plans for discovery.This matter is scheduled for a telephonic status conference on November 6, 2020 at 10:45 a.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG)
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| Filing 27 Witness List Preliminary, filed by Defendant PROGRESS RAIL. (Michelsen, Jan) |
| Filing 26 Exhibit List Preliminary, filed by Defendant PROGRESS RAIL. (Michelsen, Jan) |
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Filing 25
UNIFORM STIPULATED PROTECTIVE ORDER (See Order). Signed by Magistrate Judge Doris L. Pryor on 7/8/2020. (MAC)
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Filing 24
ORDER granting in part and denying in part parties' Joint #23 Motion for Protective Order. The Court will enter an approved protective order, with this language stricken, through a separate order. (See Order). Signed by Magistrate Judge Doris L. Pryor on 7/8/2020. (MAC)
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| Filing 23 Joint MOTION for Protective Order , filed by Defendant PROGRESS RAIL. (Attachments: #1 Text of Proposed Order Uniform Stipulated Protective Order)(Michelsen, Jan) |
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Filing 22
ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Doris L. Pryor on 6/17/2020.(SWM)
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Filing 21
ORDER Regarding Discovery Disputes. See Order. Signed by Magistrate Judge Doris L. Pryor on 6/17/2020.(SWM)
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Filing 20
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 6/30/2021. Discovery due by 4/23/2021. Signed by Magistrate Judge Doris L. Pryor on 6/17/2020.(SWM)
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Filing 19
MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by counsel for an Initial Pretrial Conference on June 12, 2020. The Court will approve the Case Management Plan, by separate order, with the changes to which the parties have agreed.This matter is scheduled for a telephonic status conference on October 1, 2020 at 11:30 a.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system.This matter is scheduled for a settlement conference on January 12, 2021 at 9:30 a.m. (Eastern), in Room 255, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Doris L. Pryor. Signed by Magistrate Judge Doris L. Pryor. (CAG)
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| Filing 18 ANSWER to #14 Amended Complaint , filed by PROGRESS RAIL.(Michelsen, Jan) |
| Filing 17 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff JAMES E. NOETHTICH, JR . (Clay, Robin) |
| Filing 16 Corporate Disclosure Statement by PROGRESS RAIL. (Michelsen, Jan) |
| Filing 14 AMENDED COMPLAINT against PROGRESS RAIL, filed by JAMES E. NOETHTICH, JR. (Attachments: #1 Exhibit EEOC Dismissal)(Clay, Robin) |
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Filing 13
AMENDED SCHEDULING ORDER - The in person initial pretrial conference currently scheduled for June 12, 2020 at 1:00 p.m. (Eastern) is hereby CONVERTED to a telephonic initial pretrial conference. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor on 5/20/2020.(SWM)
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Filing 12
ORDER granting Plaintiff's #11 Motion to Amend Complaint. The Plaintiff shall file the Amended Complaint within three (3) days of this Order. Signed by Magistrate Judge Doris L. Pryor on 5/20/2020. (SWM)
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| Filing 11 First MOTION to Amend/Correct #1 Complaint , filed by Plaintiff JAMES E. NOETHTICH, JR. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit EEOC Notice of Rights, #3 Text of Proposed Order)(Clay, Robin) |
| Filing 10 NOTICE of Parties' First Extension of Time, filed by Defendant PROGRESS RAIL. (Michelsen, Jan) |
| Filing 9 NOTICE of Appearance by Robin C. Clay on behalf of Plaintiff JAMES E. NOETHTICH, JR. (Clay, Robin) |
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Filing 8
ORDER SETTING PRETRIAL SCHEDULE AND DISCUSSING DISCOVERY - Initial Pretrial Conference set for 6/12/2020 01:00 PM (Eastern Time) in room #243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Doris L. Pryor. Please bring a copy of this order with you to the conference. Failure to attend this pretrial conference may subject your case to dismissal (if a plaintiff) or default (if a defendant). See Order for additional details. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Doris L. Pryor on 4/23/2020.(SWM)
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| Filing 7 WAIVER OF SERVICE Returned Executed, filed by PROGRESS RAIL. PROGRESS RAIL waiver sent on 3/19/2020. (Michelsen, Jan) |
| Filing 6 NOTICE of Lawsuit & Waiver Issued by Clerk TO: Progress Rail. (DWH) |
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Filing 5
ORDER - Mr. Noethtichs motion to proceed in forma pauperis, dkt. #2 , is GRANTED. The clerk is directed under Federal Rule of Civil Procedure 4(c)(3) to issue process to Defendant Progress Rail in the manner specified by Rule 4(d). Process shall consist of the complaint, dkt. 1, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order. The complaint lists Progress Rail/Caterpillar in the caption, but only identifies Progress Rail as the defendant place of employment, dkt. 1, so the Clerk shall terminate Caterpillar as a defendant on the docket. Signed by Judge James Patrick Hanlon on 3/17/2020. Copies distributed pursuant to distribution list. (DWH)
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| Filing 4 NOTICE of Appearance by Jan S. Michelsen on behalf of Defendant PROGRESS RAIL. (Michelsen, Jan) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff JAMES E. NOETHTICH, JR. (AKH) |
| Filing 1 COMPLAINT against CATERPILLAR, PROGRESS RAIL, filed by JAMES E. NOETHTICH, JR. (No fee paid with this filing) (Attachments: #1 Exhibit EEOC Right to Suit Letter). (AKH) |
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