COTTON v. STELLANTIS D/B/A FCA US LLC
Plaintiff: Mark Cotton
Defendant: Stellantis d/b/a FCA US LLC
Case Number: 1:2022cv00113
Filed: January 14, 2022
Court: US District Court for the Southern District of Indiana
Presiding Judge: M Kendra Klump
Referring Judge: Jane Magnus-Stinson
2 Judge: Doris L Pryor
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1331 cr - Fed. Question: Civil Rights (Race Discrimination)
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 25, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 25, 2023 Filing 72 USCA Case Number 23-2436 for #69 Notice of Appeal filed by MARK COTTON. (LF)
July 25, 2023 Filing 71 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #69 Notice of Appeal. - for Court of Appeals Use Only. (LF)
July 25, 2023 Filing 70 PARTIES' SHORT RECORD re #69 Notice of Appeal - Instructions for Attorneys/Parties attached. (LF)
July 24, 2023 Filing 69 NOTICE OF APPEAL as to #64 Order on Motion for Summary Judgment, #65 Closed Judgment, filed by Plaintiff MARK COTTON. (Filing fee $505, receipt number AINSDC-7732597) (Starkey, Christopher)
July 24, 2023 Filing 68 NOTICE of Appearance by Christopher Kenneth Starkey on behalf of Plaintiff MARK COTTON. (Starkey, Christopher)
July 19, 2023 Filing 67 Taxation of Costs - granting 23 Bill of Costs in the amount of $1,002.95 against the Plaintiff, Mark Cotton.. (JDC)
June 30, 2023 Filing 66 BILL OF COSTS by STELLANTIS D/B/A FCA US LLC. (Padgett, Michael)
June 22, 2023 Opinion or Order Filing 65 CLOSED JUDGMENT/FINAL JUDGMENT PURSUANT TO FED. R. CIV. P. 58 - For the reasons set forth in the Court's Order entered this day, the Court now enters FINAL JUDGMENT against Plaintiff and in favor of Defendant, such that Plaintiff shall take nothing by way of his Complaint. Signed by Judge Jane Magnus-Stinson on 6/22/2023.(JDC)
June 22, 2023 Opinion or Order Filing 64 ORDER granting #38 Motion for Summary Judgment. Final judgment shall issue accordingly. ***SEE ORDER***. Signed by Judge Jane Magnus-Stinson on 6/22/2023. (JDC)
June 8, 2023 Opinion or Order Filing 63 MINUTE ORDER for Telephonic Status Conference held before Magistrate Judge M. Kendra Klump on 6/8/2023. Settlement Conference set for 8/4/2023 at 10:00 AM (Eastern Time) in room #255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge M. Kendra Klump. See Minute Order for further information and deadlines. Signed by Magistrate Judge M. Kendra Klump. (BAS)
June 6, 2023 Opinion or Order Filing 61 SCHEDULING ORDER: Telephonic Status Conference set for 6/8/2023 at 3:00 PM (Eastern Time) before Magistrate Judge M. Kendra Klump. Purpose for conference is to discuss rescheduling of settlement conference. ***TEXT ONLY ENTRY***. Signed by Magistrate Judge M. Kendra Klump on 6/6/2023.(BAS)
May 18, 2023 Opinion or Order Filing 60 ORDER granting #59 Motion for Continuance - The June 1, 2023 settlement conference is CONTINUED to October 10, 2023 at 9:00 a.m. (Eastern) in Room 255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. All other requirements of the Court's scheduling order dated March 28, 2023 (Dkt. #56 ) shall remain in effect. Signed by Magistrate Judge M. Kendra Klump on 05/18/2023.(AAS) Modified on 5/22/2023 - Updated filed date (JSR).
May 15, 2023 Filing 59 Joint MOTION for Continuance of June 1, 2023 Settlement Conference, filed by Defendant STELLANTIS D/B/A FCA US LLC. (Attachments: #1 Text of Proposed Order on Joint Motion to Continue Settlement Conference)(Padgett, Michael)
April 7, 2023 Filing 58 Reply BRIEF/MEMORANDUM in Support of Motion re #38 MOTION for Summary Judgment , filed by Defendant STELLANTIS D/B/A FCA US LLC. (Padgett, Michael) Modified on 4/10/2023 - Updated dkt text (JSR).
April 7, 2023 Filing 57 Appendix of Exhibits in Support of Reply in Support of Motion re #38 MOTION for Summary Judgment , filed by Defendant STELLANTIS D/B/A FCA US LLC. (Attachments: #1 Exhibit Second Declaration of Christy Shepherd with One Exhibit, #2 Exhibit Declaration of Michael W. Padgett)(Padgett, Michael)
March 29, 2023 Opinion or Order Filing 55 ORDER ON DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT - Defendant, FCA US LLC, filed its Unopposed Motion for Extension of Time to File Reply in Support of Motion for Summary Judgment. The Court having considered the motion, hereby GRANTS said motion #54 . The deadline for Defendant's reply in support of its Motion for Summary Judgment is hereby extended up to and including April 7, 2023. Signed by Judge Jane Magnus-Stinson on 3/29/2023. (JSR)
March 28, 2023 Opinion or Order Filing 56 MINUTE ORDER for Telephonic Status Conference held before Magistrate Judge M. Kendra Klump on 3/28/2023. Settlement Conference set for 6/1/2023 09:00 AM (Eastern Time) in room #255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge M. Kendra Klump. See Minute Order for further information and settlement conference deadlines. Signed by Magistrate Judge M. Kendra Klump. (BAS)
March 28, 2023 Filing 54 Unopposed MOTION for Extension of Time to File Reply to April 7, 2023 re #38 MOTION for Summary Judgment , filed by Defendant STELLANTIS D/B/A FCA US LLC. (Attachments: #1 Text of Proposed Order)(Padgett, Michael)
March 17, 2023 Filing 52 BRIEF/MEMORANDUM in Support of Response in Opposition to Motion re #38 MOTION for Summary Judgment , filed by Plaintiff MARK COTTON. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Hitchcock, Jennifer)
March 17, 2023 Filing 51 RESPONSE in Opposition re #38 MOTION for Summary Judgment , filed by Plaintiff MARK COTTON. (Hitchcock, Jennifer)
March 14, 2023 Filing 50 Exhibit List , filed by Plaintiff MARK COTTON, Witness List , filed by Plaintiff MARK COTTON. (Hitchcock, Jennifer)
March 14, 2023 Filing 49 Witness List (Final), filed by Defendant STELLANTIS D/B/A FCA US LLC, Exhibit List (Final), filed by Defendant STELLANTIS D/B/A FCA US LLC. (Padgett, Michael)
February 14, 2023 Opinion or Order Filing 48 ORDER - Before the Court is the Plaintiff's Unopposed Motion for Enlargement of Time to Respond to Defendant's Motion for Summary Judgment. For good cause shown, the Court now grants the Motion for Enlargement of Time to Respond to Defendant's Motion for Summary Judgment #47 . The parties are given an additional thirty (30) days within which to file the Response to Defendant's Motion for Summary Judgment, now due on or before Friday, March 17, 2023. Signed by Judge Jane Magnus-Stinson on 2/14/2023. (JSR)
February 13, 2023 Filing 47 MOTION for Extension of Time to File Response to March 17, 2023 re #38 MOTION for Summary Judgment , filed by Plaintiff MARK COTTON. (Attachments: #1 Text of Proposed Order)(Hitchcock, Jennifer)
February 10, 2023 Filing 46 ENTRY FOR FEBRUARY 10, 2023 RESETTING HEARING - The August 24, 2023 final pretrial conference is vacated and reset to August 10, 2023 at 1:00 p.m. in room 202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Entered by Judge Jane Magnus-Stinson on 2/10/2023. (JSR)
February 8, 2023 Filing 45 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Jennifer Lee Hitchcock hereby notifies the Clerk of the court of changed contact information. (Hitchcock, Jennifer)
February 8, 2023 Opinion or Order Filing 44 MINUTE ORDER for Telephonic Status Conference held before Magistrate Judge M. Kendra Klump on 2/7/2023. Telephonic Status Conference set for 3/28/2023 at 10:00 AM before Magistrate Judge M. Kendra Klump. See Minute Order for further information. Signed by Magistrate Judge M. Kendra Klump. (BAS)
January 27, 2023 Opinion or Order Filing 42 ORDER granting Defendant's #41 Motion to Vacate Settlement Conference - This matter is scheduled for a telephonic status conference on Tuesday, February 7, 2023 at 10:30 a.m. (Eastern). The purpose of the conference shall be to discuss case status. 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 M. Kendra Klump on 1/27/2023.(SWM)
January 24, 2023 Filing 41 Unopposed MOTION to Vacate Settlement Conference, filed by Defendant STELLANTIS D/B/A FCA US LLC. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion to Vacate Settlement Conference)(Padgett, Michael)
January 20, 2023 Opinion or Order Filing 40 ORDER ON DEFENDANT'S UNOPPOSED MOTION TO EXTEND THE DISPOSITIVE MOTION DEADLINE - Defendant, FCA US LLC, filed its #37 Motion to Extend the Dispositive Motion Deadline.The Court having considered the motion, hereby GRANTS said motion to the extent that Defendant's filings at Dockets 38 and 39 are deemed timely. Signed by Magistrate Judge M. Kendra Klump on 1/20/2023.(SWM)
January 18, 2023 Filing 39 BRIEF/MEMORANDUM in Support re #38 MOTION for Summary Judgment , filed by Defendant STELLANTIS D/B/A FCA US LLC. (Padgett, Michael)
January 18, 2023 Filing 38 MOTION for Summary Judgment , filed by Defendant STELLANTIS D/B/A FCA US LLC. (Attachments: #1 Exhibit A - Deposition of Mark Cotton, Part One, #2 Exhibit A - Deposition of Mark Cotton, Part Two, #3 Exhibit B - Exhibit 2 to Deposition of Mark Cotton, Training Request Form, #4 Exhibit C - Exhibit 7 to Deposition of Mark Cotton, 10-18-2021 Statement, #5 Exhibit D - Declaration of Christy Shepherd, #6 Exhibit E - Exhibit 1 to Declaration of Christy Shepherd, Collective Bargaining Agreement, #7 Exhibit F - Exhibit 2 to Declaration of Christy Shepherd, Policy Number 3-6 Discrimination and Harassment Prevention, #8 Exhibit G - Exhibit 3 to Declaration of Christy Shepherd, Standards of Conduct, #9 Exhibit H - Exhibit 4 to Declaration of Christy Shepherd, 60-Day Evaluation, #10 Exhibit I - Exhibit 5 to Declaration of Christy Shepherd, 90-Day Evaluation, #11 Exhibit J - Exhibit 6 to Declaration of Christy Shepherd, 07.10.2020 Disciplinary Action, #12 Exhibit K - Exhibit 7 to Declaration of Christy Shepherd, 01.05.2021 Attendance Step 1, #13 Exhibit L - Exhibit 8 to Declaration of Christy Shepherd, Grievance No. 20-5305-0140, #14 Exhibit M - Exhibit 9 to Declaration of Christy Shepherd, Grievance No. 20-5305-1318, #15 Exhibit N - Exhibit 10 to Declaration of Christy Shepherd, 10.15.2021 Email, #16 Exhibit O - Exhibit 11 to Declaration of Christy Shepherd, 12.29.2021 Reinstatement, #17 Exhibit P - Exhibit 12 to Declaration of Christy Shepherd, 01.19.2022 Email, #18 Exhibit Q - Exhibit 13 to Declaration of Christy Shepherd, 01.18.2022 Disciplinary Action, #19 Text of Proposed Order)(Padgett, Michael)
January 17, 2023 Filing 37 Unopposed MOTION for Extension of Time to January 23, 2023 to File Defendant's Motion for Summary Judgment, filed by Defendant STELLANTIS D/B/A FCA US LLC. (Attachments: #1 Text of Proposed Order)(Padgett, Michael)
January 6, 2023 Filing 36 Reassignment of Case to Magistrate Judge M. Kendra Klump. Magistrate Judge Mark J. Dinsmore is no longer assigned to this case. Please include the new case number (1:22-cv-00113-JMS-MKK), which includes the initials of the newly assigned judge, on all future filings in this matter. (RSF)
December 12, 2022 Filing 35 Reassignment of Case to Magistrate Judge Mark J. Dinsmore. Magistrate Judge Doris L. Pryor is no longer assigned to this case. Please include the new case number (1:22-cv-00113-JMS-MJD), which includes the initials of the newly assigned judge, on all future filings in this matter. (RSF)
November 7, 2022 Filing 34 Statement of Claims by MARK COTTON. (Attachments: #1 Exhibit A (First Amended Complaint w/ attachments))(Hitchcock, Jennifer)
November 7, 2022 Opinion or Order Filing 33 UNIFORM STIPULATED PROTECTIVE ORDER #32 APPROVED. Signed by Magistrate Judge Doris L. Pryor on 11/7/2022.(SWM)
November 3, 2022 Filing 32 Joint MOTION for Protective Order, filed by Defendant STELLANTIS D/B/A FCA US LLC. (Attachments: #1 Exhibit 1 - Stipulated Protective Order)(Padgett, Michael) Modified on 11/4/2022 - Changed event type and updated dkt. text (JSR).
September 30, 2022 Opinion or Order Filing 31 ORDER granting Defendant's #29 Motion for Continuance - Settlement Conference RESET for 2/7/2023 09:00 AM (Eastern Time) in room #255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Doris L. Pryor. All other requirements of the Court's scheduling order dated April 19, 2022 (Dkt. #14 ) shall remain in effect. Signed by Magistrate Judge Doris L. Pryor on 9/30/2022.(SWM)
September 20, 2022 Filing 30 Defendant's ANSWER to #27 Amended Complaint and Affirmative Defenses, filed by STELLANTIS D/B/A FCA US LLC.(Padgett, Michael)
September 15, 2022 Filing 29 MOTION for Continuance of Settlement Conference, filed by Defendant STELLANTIS D/B/A FCA US LLC. (Attachments: #1 Text of Proposed Order)(Padgett, Michael)
September 6, 2022 Opinion or Order Filing 28 MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on September 6, 2022. The parties discussed the status of and future plans for discovery. The parties also discussed the Settlement Conference scheduled for October 25, 2022. The parties reported that they are ready to proceed in good faith. Signed by Magistrate Judge Doris L. Pryor. (CAG)
September 6, 2022 Opinion or Order Filing 26 ORDER granting #25 Motion to Amend the Complaint. The Clerk is directed to file Dkt. 25-1 as Plaintiff's First Amended Complaint, along with Exhibits A-E (Dkts. 25-2 - 25-6). The First Amended Complaint will relate back to the date of the filing of the original complaint, December 22, 2021. Signed by Magistrate Judge Doris L. Pryor on 9/6/2022. (CBU)
September 1, 2022 Filing 25 MOTION to Amend/Correct , filed by Plaintiff MARK COTTON. (Attachments: #1 Exhibit A (First Amended Complaint), #2 Exhibit A (COD), #3 Exhibit B (Amd. COD), #4 Exhibit C (NORTS), #5 Exhibit D (2nd COD), #6 Exhibit E (2nd NORTS), #7 Text of Proposed Order)(Hitchcock, Jennifer)
July 29, 2022 Filing 23 TRIAL SETTING AND NOTICE OF FINAL PRETRIAL CONFERENCE - Final Pretrial Conference set for 8/24/2023 at 11:00 AM (Eastern Time) in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson. Jury Trial set for 9/18/2023 at 9:00 AM (Eastern Time) in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson. Counsel are reminded of the required pretrial preparation deadlines set forth in paragraph VIII of the case management plan, dkt. #15 . Counsel are further reminded to review the undersigned's Practices and Procedures, available at docket #8 . Signed by Judge Jane Magnus-Stinson on 7/29/2022.(JSR)
July 26, 2022 Opinion or Order Filing 22 AMENDED SCHEDULING ORDER (TIME ONLY) - This matter is currently set for a telephonic Status Conference on September 6, 2022 at 10:00 a.m. The Court now changes the time to 9:30 a.m. (Eastern) on that same date. 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 7/26/2022.(SWM)
June 17, 2022 Opinion or Order Filing 21 ORDER granting Plaintiff's #20 Motion for Extension of Time - The deadline for the parties to amend pleading and for Plaintiff to serve Defendant with a settlement proposal is extended to and including September 12, 2022. Signed by Magistrate Judge Doris L. Pryor on 6/17/2022. (SWM)
June 15, 2022 Filing 20 Unopposed MOTION for Extension of Time to 09/12/2022 to Make a Settlement Proposal and Amend Pleadings, filed by Plaintiff MARK COTTON. (Attachments: #1 Text of Proposed Order Order for Motion To Extend Deadlines)(Hitchcock, Jennifer)
May 27, 2022 Filing 19 Witness List [Preliminary], filed by Defendant STELLANTIS D/B/A FCA US LLC, Exhibit List [Preliminary], filed by Defendant STELLANTIS D/B/A FCA US LLC. (Padgett, Michael)
May 23, 2022 Filing 18 Witness List Preliminary Witness & Exhibit List, filed by Plaintiff MARK COTTON. (Hitchcock, Jennifer)
April 25, 2022 Opinion or Order Filing 17 ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Doris L. Pryor on 4/25/2022.(SWM)
April 25, 2022 Opinion or Order Filing 16 ORDER Regarding Discovery Disputes. See Order. Signed by Magistrate Judge Doris L. Pryor on 4/25/2022.(SWM)
April 25, 2022 Opinion or Order Filing 15 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 1/16/2023. Discovery due by 11/14/2022. Signed by Magistrate Judge Doris L. Pryor on 4/25/2022.(SWM)
April 19, 2022 Opinion or Order Filing 14 MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by counsel for an Initial Pretrial Conference on April 18, 2022. 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 September 6, 2022 at 10:00 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 October 25, 2022 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)
April 11, 2022 Filing 12 CASE MANAGEMENT PLAN TENDERED, filed by Defendant STELLANTIS D/B/A FCA US LLC . (Padgett, Michael)
February 25, 2022 Opinion or Order Filing 11 AMENDED SCHEDULING ORDER: The Court sua sponte now RESCHEDULES the Telephonic Initial Pretrial Conference currently scheduled for March 14, 2022 to April 18, 2022 at 3:00 p.m. (Eastern). 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 2/25/2022.(SWM)
February 18, 2022 Filing 10 Defendant's ANSWER to Complaint (Notice of Removal) and Affirmative Defenses, filed by STELLANTIS D/B/A FCA US LLC.(Padgett, Michael)
January 24, 2022 Opinion or Order Filing 9 SCHEDULING ORDER: Initial Pretrial Conference set for 3/14/2022 02:30 PM (Eastern Time) in Telephonic before Magistrate Judge Doris L. Pryor. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. See Order for additional information. Signed by Magistrate Judge Doris L. Pryor on 1/24/2022.(SWM)
January 19, 2022 Filing 8 PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (MRI)
January 19, 2022 Filing 7 NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant STELLANTIS D/B/A FCA US LLC. (Padgett, Michael)
January 18, 2022 Filing 6 CONSENT to Jurisdiction to US Magistrate Judge by MARK COTTON. (Hitchcock, Jennifer)
January 18, 2022 Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH)
January 14, 2022 Filing 4 NOTICE of Appearance by Zachary A. Ahonen on behalf of Defendant Stellantis d/b/a FCA US LLC. (Ahonen, Zachary)
January 14, 2022 Filing 3 Corporate Disclosure Statement by Stellantis d/b/a FCA US LLC. (Padgett, Michael)
January 14, 2022 Filing 2 NOTICE of Appearance by Michael W. Padgett on behalf of Defendant Stellantis d/b/a FCA US LLC. (Padgett, Michael)
January 14, 2022 Filing 1 NOTICE OF REMOVAL from Howard Superior Court, case number 34D02-2112-CT-003335, filed by Stellantis d/b/a FCA US LLC. (Filing fee $402, receipt number AINSDC-6928214) (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Appearance of Jennifer Hitchcock, #3 Civil Cover Sheet)(Padgett, Michael) Modified on 1/18/2022 (duplicate docket text removed) (DJH).
December 22, 2021 Filing 27 FIRST AMENDED COMPLAINT against STELLANTIS D/B/A FCA US LLC, filed by MARK COTTON. (Attachments: #1 Exhibit A- Charge of Discrimination, #2 Exhibit B-AMENDED Charge of Discrimination, #3 Exhibit C- EEOC Notice of Right to Sue, #4 Exhibit D- Second Charge of Discrimination, #5 Exhibit E- Second EEOC Notice of Right to Sue)(ORDERED FILED THIS DATE)(CBU)

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Plaintiff: Mark Cotton
Represented By: Jennifer Lee Hitchcock
Represented By: Michael Middleton
Represented By: Christopher Kenneth Starkey
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Defendant: Stellantis d/b/a FCA US LLC
Represented By: Zachary A. Ahonen
Represented By: Michael W. Padgett
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