Berry v. Airxcel, Inc. et al
| Curtis L Berry and Curtis L. Berry |
| Airxcel, Inc. and RV Products, Inc. |
| 6:2020cv01362 |
| December 28, 2020 |
| US District Court for the District of Kansas |
| Angel D Mitchell |
| Kathryn H Vratil |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 26, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 30 REPLY TO RESPONSE TO MOTION by Defendant Airxcel, Inc. re: #18 Motion to Dismiss Reply in Support of Defendant's Rule 12(b)(b) Motion to Dismiss Plaintiff's First Amended Complaint (Brown, Laura) |
Filing 29
ORDER overruling as moot #7 Defendant's Rule 12(b)(6) Motion To Dismiss filed February 3, 2021 in light of the filing of #11 First Amended Complaint and #18 Defendant's Rule 12(b)(6) Motion To Dismiss Plaintiff's First Amended Complaint. Signed by District Judge Kathryn H. Vratil on 4/20/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (as)
|
| Filing 28 CORPORATE DISCLOSURE STATEMENT by Airxcel, Inc. identifying AirX Parent, LLC as corporate parent . (Rayl, Melody) |
| Filing 27 MEMORANDUM IN OPPOSITION by Plaintiff Curtis L. Berry re #18 MOTION to Dismiss Plaintiff's First Amended Complaint (Keenan, Martin) |
|
Filing 26
ORDER sustaining, for substantially the reasons stated in the motion, #25 Joint Motion For 5-Day Extension Of Time To Respond To Defendant's Rule 12(b)(6) Motion To Dismiss First Amended Complaint. New response deadline: 4/19/2021. Signed by District Judge Kathryn H. Vratil on 4/19/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (as)
|
| Filing 25 Unopposed MOTION for Extension of Time to File Response as to #19 Memorandum in Support of Motion, #18 MOTION to Dismiss Plaintiff's First Amended Complaint by Plaintiff Curtis L. Berry (Keenan, Martin) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #25 Unopposed MOTION for Extension of Time to File Response as to #19 Memorandum in Support of Motion, #18 MOTION to Dismiss Plaintiff's First Amended Complaint. The motion will be resolved by the District Judge. (ks) |
|
Filing 24
ORDER ENTERED: Defendant Airxcel, Inc.'s Motion to Stay Proceedings (ECF #20 ) is granted as set forth. See Order for details. Signed by Magistrate Judge Angel D. Mitchell on 3/31/2021. (jal)
|
| Filing 23 NOTICE of Non-Objection to Stay by Curtis L. Berry (Keenan, Martin) |
|
Filing 22
ORDER SETTING BRIEFING SCHEDULE. The court orders expedited briefing on #20 defendant Airxcel, Inc.'s Motion to Stay Proceedings. Plaintiff Curtis L. Berry's response is due by March 31, 2021, and limited to 5 pages. Defendant's reply brief is due by April 2, 2021, and is limited to 2 pages. Signed by Magistrate Judge Angel D. Mitchell on 3/24/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ks)
|
| Filing 21 MEMORANDUM IN SUPPORT of #20 MOTION to Stay Deadlines by Defendant Airxcel, Inc.(Brown, Laura) |
| Filing 20 MOTION to Stay Deadlines by Defendant Airxcel, Inc. (referred to Magistrate Judge Angel D. Mitchell) (Brown, Laura) |
| Filing 19 MEMORANDUM IN SUPPORT of #18 MOTION to Dismiss Plaintiff's First Amended Complaint by Defendant Airxcel, Inc. (Attachments: #1 Exhibit 1 - EEOC Charge of Discrimination, #2 Exhibit 2 - Draper v. Country Critters)(Brown, Laura) |
| Filing 18 MOTION to Dismiss Plaintiff's First Amended Complaint by Defendant Airxcel, Inc. (Brown, Laura) |
| Set/Reset Deadlines as to #20 MOTION to Stay Deadlines: Response deadline 3/31/2021; Reply deadline 4/2/2021.(ca) |
|
Filing 17
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 4/27/2021 at 01:30 PM in Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Rule 26 Planning Conference Deadline 4/6/2021. Report of Parties Planning Meeting OR Proposed Scheduling Order deadline 4/20/2021. Rule 26 Initial Disclosures Deadline set for 4/20/2021. Signed by Magistrate Judge Angel D. Mitchell on 3/17/2021. (ht)
|
|
Filing 16
ORDER granting #14 plaintiff Curtis L. Berry's Motion for Leave of Court to File an Amended Complaint. The court previously ordered plaintiff to show cause why the court should not strike the amended complaint filed on March 3 for failure to comply with Fed. R. Civ. P. 15(a). (ECF 13.) In accordance with that order, plaintiff filed the current motion seeking leave to file his amended complaint. Plaintiff's motion states that defendant Airxcel, Inc. does not oppose it. The motion is therefore granted, and plaintiff's First Amended Complaint (ECF 11) is deemed filed effective today. Signed by Magistrate Judge Angel D. Mitchell on 3/10/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ks)
|
| Filing 15 MEMORANDUM IN SUPPORT of #14 MOTION FOR LEAVE to File First Amended Complaint Out of Time by Plaintiff Curtis L. Berry(Keenan, Martin) |
| Filing 14 MOTION FOR LEAVE to File First Amended Complaint Out of Time by Plaintiff Curtis L. Berry (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Exhibit Exhibit A)(Keenan, Martin) |
|
Filing 13
ORDER TO SHOW CAUSE: Plaintiff must show cause on or before March 10, 2021, why the court should not strike the amended complaint. See order for details. Show Cause Response due by 3/10/2021. Signed by Magistrate Judge Angel D. Mitchell on 3/3/21. (msb)
|
| Filing 12 MEMORANDUM IN OPPOSITION by Plaintiff Curtis L. Berry re #7 MOTION to Dismiss (Keenan, Martin) |
| Filing 11 AMENDED COMPLAINT against Airxcel, Inc., filed by Curtis L. Berry.(Keenan, Martin) |
|
Filing 10
ORDER sustaining, for substantially the reasons stated in the motion, #9 Motion For Extension Of Time To File Reply To "Defendant's Rule 12(b)(6) Motion To Dismiss". New response deadline: 3/3/2021. The Court notes that the title of plaintiff's motion asks for an extension of the reply deadline, while the body of the motion correctly asks for an extension of the response deadline. Signed by District Judge Kathryn H. Vratil on 2/25/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (as)
|
| Filing 9 MOTION for Extension of Time to File Reply as to #7 MOTION to Dismiss , #8 Memorandum in Support of Motion, by Plaintiff Curtis L. Berry (Keenan, Martin) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #9 MOTION for Extension of Time to File Reply as to #7 MOTION to Dismiss, #8 Memorandum in Support of Motion. The motion will be resolved by the District Judge. (ks) |
| Filing 8 MEMORANDUM IN SUPPORT of #7 MOTION to Dismiss by Defendant Airxcel, Inc. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 1 - Charge of Discrimination, #3 Exhibit 2 - Draper v. Country Critters Inc., #4 Exhibit 3 - Williams v. Aeroflex, #5 Exhibit 4 - Coffman v. Kansas Department of Corrections)(Brown, Laura) |
| Filing 7 MOTION to Dismiss by Defendant Airxcel, Inc. (Brown, Laura) |
| Filing 6 CLERKS ORDER EXTENDING TIME until 2/03/2021 for Defendant Airxcel, Inc. to answer or otherwise plead. Signed by deputy clerk on 1/19/2021. (jk) |
| Filing 5 ENTRY OF APPEARANCE by Melody Lorrain Rayl on behalf of Airxcel, Inc.. (Rayl, Melody) |
| Filing 4 SUMMONS RETURNED EXECUTED -- Certified Mail by Curtis L. Berry upon Airxcel, Inc. served on 12/30/2020, answer due 1/20/2021 (Keenan, Martin) |
| SUMMONS ISSUED as to Airxcel, Inc., RV Products, Inc. (issued to Attorney for service). (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jk) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Kathryn H. Vratil and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jk) |
| Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Curtis L. Berry - trial to be held in Wichita. (Keenan, Martin) |
| Filing 2 CIVIL COVER SHEET by Plaintiff Curtis L. Berry. (Keenan, Martin) |
| Filing 1 COMPLAINT with trial location of Wichita (Filing fee $402, Internet Payment Receipt Number BKSDC-5365868.), filed by Curtis L. Berry.(Keenan, Martin) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Kansas District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
