TOLES v. BIG DAN'S HAMBURGERS
| WAYNE E. TOLES |
| BIG DAN'S HAMBURGERS |
| 1:2020cv02981 |
| November 13, 2020 |
| US District Court for the Southern District of Indiana |
| Jane Magnus-Stinson |
| Doris L Pryor |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 22, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 7 WAIVER OF SERVICE Returned Executed, filed by BIG DAN'S HAMBURGERS. BIG DAN'S HAMBURGERS waiver sent on 11/24/2020 and signed 12/18/2020. (Attachments: #1 Envelope)(MAC) |
| Filing 5 NOTICE of Lawsuit & Waiver Issued by Clerk. (MAC) |
| Filing 6 CONSENT to Jurisdiction to US Magistrate Judge by WAYNE E. TOLES. (MAC) |
Filing 4
ORDER GRANTING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, SCREENING COMPLAINT, AND DIRECTING FURTHER PROCEEDINGS. The Court, having considered the above action and the matters that are pending, makes the following rulings: 1. Mr. Toles' request to proceed in forma pauperis, #2 , is GRANTED. 2. Mr. Toles' claims for discrimination and retaliation under the ADEA, discrimination and retaliation under the ADA, and discrimination and retaliation based on disability under Title VII are DISMISSED WITH PREJUDICE. His retaliation claim based on race under Title VII is DISMISSED WITHOUT PREJUDICE. 3. Mr. Toles' Title VII race discrimination claim, sex discrimination claim, hostilework environment claim based on sexual harassment, and retaliation claim based on sex discrimination and sexual harassment SHALL PROCEED. 4. Because the plaintiff is proceeding in forma pauperis, Federal Rule of Civil Procedure4(c)(3) requires the Court to order service for the plaintiff. Accordingly, the Clerk is DESIGNATED pursuant to Rule 4(c)(3) to issue process to Defendant Big Dan's Hamburgers in the manner specified by Rule 4 (d). Process shall consist of the Complaint, [Filing No. #1 ], applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. If Mr. Toles believes that additional claims were alleged in the Complaint, but not identified by the Court in this Entry, he shall have until December 23, 2020 to identify those claims. Copies sent via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 11/23/2020. (MAC)
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| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff WAYNE E. TOLES. (REO) |
| Filing 1 COMPLAINT against BIG DAN'S HAMBURGERS, filed by WAYNE E. TOLES. (No fee paid with this filing) (Attachments: #1 Exhibit - Dismissal and Notice of Rights)(REO) |
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| Defendant: BIG DAN'S HAMBURGERS | |
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