Walker v. United States Department of Agriculture et al
| Phyllis L Walker and Phyllis L. Walker |
| United States Department of Agriculture, Tyson Food Inc and National Beef Packing Company, LLC |
| 6:2022cv01200 |
| September 1, 2022 |
| US District Court for the District of Kansas |
| Kenneth G Gale |
| Eric F Melgren |
| Brooks G Severson |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| None |
Docket Report
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This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.
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Filing 55
SCHEDULING ORDER: Estimated trial time 3 days. Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 10/31/2023. Mediation deadline 11/20/2023. Discovery deadline 3/12/2024. Proposed Pretrial Order due by 4/9/2024. Final Pretrial Conference set for 4/18/2024 at 10:00 AM in Wichita Courtroom 406 (BGS) before Magistrate Judge Brooks G. Severson. Dispositive motion deadline 5/16/2024. Signed by Magistrate Judge Brooks G. Severson on September 28, 2023. Mailed to pro se party Phyllis L. Walker by regular mail. (mls)
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| Filing 54 MINUTE ENTRY for proceedings held before Magistrate Judge Brooks G. Severson: SCHEDULING CONFERENCE held on 9/28/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df) |
| Filing 53 NOTICE OF SERVICE by United States Department of Agriculture of Defendant's Rule 26(a)(1) Initial Disclosures and documents produced at Bates Nos. USA_000001-001652 (Vanorsby, Brian) |
| Filing 52 ENTRY OF APPEARANCE by Audrey D. Koehler on behalf of United States Department of Agriculture. (Koehler, Audrey) |
| Filing 51 MINUTE ORDER REASSIGNING CASE. Case reassigned to Honorable Brooks G. Severson for all further proceedings. Magistrate Judge Kenneth G. Gale no longer assigned to case. Signed by deputy clerk on 8/21/23. Mailed to pro se party by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(kao) |
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Filing 50
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 9/28/2023 at 10:00 AM by Telephone KGG - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 5407703 before Magistrate Judge Kenneth G. Gale. Rule 26 Initial Disclosures Deadline set for 9/18/2023. Proposed Scheduling Order Deadline 9/18/2023. Signed by Magistrate Judge Kenneth G. Gale on 8/15/23.Mailed to pro se party Phyllis L. Walker by regular mail (cc)
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Filing 49
ORDER granting #48 Motion to Amend/Correct Case Caption ( #37 Amended Complaint). The Clerk is instructed to remove National Beef as a defendant in this case and in the caption. Signed by Magistrate Judge Kenneth G. Gale on 8/7/23. Mailed to pro se party Phyllis Walker by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
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| NOTICE Re: Pro Se Mailing. Document 49 Order on Motion to Amend/Correct, mailed to Phyllis L. Walker on 8/7/2023 by regular mail. (cc) |
| Filing 48 MOTION to Amend Caption, by Plaintiff Phyllis L. Walker (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Exhibit, #2 Envelope)(ca) |
| Filing 47 MEMORANDUM IN SUPPORT of #46 MOTION to Dismiss In Lieu of an Answer by Defendant National Beef Packing Company, LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Russell, Kyle) |
| Filing 46 MOTION to Dismiss In Lieu of an Answer by Defendant National Beef Packing Company, LLC (Russell, Kyle) |
| Filing 45 ALIAS SUMMONS RETURNED EXECUTED -- Personal Service by Phyllis L. Walker upon National Beef Packing Company, LLC served on 6/14/2023. Copy mailed to pro se Plaintiff Phyllis L Walker at 4210 West Burnett, Pine Bluff, AR 71603 by regular mail. (jk) |
| Filing 44 CLERKS ORDER EXTENDING TIME until 07/19/2023 for Defendant National Beef Packing Company, LLC to answer or otherwise plead. Signed by deputy clerk on 06/27/2023. (nao) |
| Filing 43 SUPPLEMENT by Plaintiff Phyllis L. Walker. (msb) |
| Second Alias Summons Issued as to National Beef Packing Company, LLC (issued to Marshal for service). Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to Marshal for service with complaint. Copy of NEF mailed to pro se Plaintiff Phyllis L. Walker at 4210 West Burnett, Pine Bluff, AR 71603 by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jk) |
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Filing 42
ORDER for Personal Service by U.S. Marshal. Signed by Magistrate Judge Kenneth G. Gale on 5/30/23. Mailed to pro se party Phyllis Walker by regular mail. (df)
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| NOTICE Re: Pro Se Mailing. Document #42 Order mailed to Phyllis L. Walker on 5/30/2023 by regular mail. (cc) |
| Filing 41 ALIAS SUMMONS RETURNED UNEXECUTED by Phyllis L. Walker as to National Beef Packing Company, LLC. Copy mailed to pro se Plaintiff Phyllis L. Walker at 4210 West Burnett, Pine Bluff, AR 71603 by regular mail. (jk) |
| Alias Summons Issued as to National Beef Packing Company, LLC (issued to US Marshal for service). Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to Marshal for service with complaint. Copy of NEF mailed to pro se Plaintiff Phyllis L. Walker at 4210 West Burnett, Pine Bluff, AR 71603 by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jk) |
| Filing 40 SUMMONS RETURNED UNEXECUTED by Phyllis L. Walker as to National Beef Packing Company, LLC. Copy of NEF mailed to pro se Plaintiff Phyllis L. Walker at 4210 West Burnett, Pine Bluff, AR 71603 by regular mail. (jk) |
| Filing 39 MINUTE ENTRY for proceedings held before Magistrate Judge Kenneth G. Gale: SCHEDULING CONFERENCE held on 2/14/2023. New Defendant National Beef, added in Plaintiff's Amended Complaint, has yet to be served. As such, the Court will not issue a Scheduling Order at this time. The Court will re-set the Scheduling Conference after National Beef files its Answer to Plaintiff's Amended Complaint. (Tape #11:00 - 11:22.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Mailed to pro se Plaintiff Phyllis Walker by regular US Mail. (df) |
| NOTICE Re: Pro Se Mailing. Document 39 Scheduling Conference mailed to Phyllis L. Walker on 2/14/2023 by regular mail. (cc) |
| SUMMONS ISSUED re #37 Amended Complaint as to National Beef Packing Company, LLC - issued to US Marshal for service. Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided for service with the amended complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NEF mailed to pro se Plaintiff Phyllis L. Walker by regular mail. (mam) |
| Filing 38 ANSWER to #37 Amended Complaint by United States Department of Agriculture.(Vanorsby, Brian) |
| Filing 37 AMENDED COMPLAINT against National Beef Packing Company, LLC, United States Department of Agriculture, filed by Phyllis L. Walker.(sz) Modified on 2/6/2023 to correct filing date (sz). |
| NOTICE Re: Pro Se Mailing. Document 36 Order on Motion for Leave to Amend Complaint, mailed to Phyllis L. Walker on 1/23/2023 by regular mail. (cc) |
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Filing 36
ORDER granting #35 Motion for Leave to Amend Complaint. Defense counsel has advised that Defendant will not oppose the motion; as such, it is granted as uncontested. Plaintiff shall file her amended pleading, in the form attached to her motion, by February 6, 2023. Signed by Magistrate Judge Kenneth G. Gale on 1/20/23. Mailed to pro se party Phyllis Walker by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
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| Filing 35 MOTION for Leave to Amend Complaint re #2 Complaint by Plaintiff Phyllis L. Walker. (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Attachment 1, #2 Attachment 2) (mam) |
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Filing 34
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 2/14/2023 at 11:00 AM by Telephone KGG - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 5407703 before Magistrate Judge Kenneth G. Gale. Signed by Magistrate Judge Kenneth G. Gale on 12/19/22.Mailed to pro se party Phyllis L. Walker by regular mail (cc)
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| NOTICE Re: Pro Se Mailing. Document #34 Initial Order Regarding Planning and Scheduling, mailed to Phyllis L. Walker on 12/19/2022 by regular mail. (cc) |
| Filing 33 MEMORANDUM AND ORDER granting #26 Motion for Summary Judgment. Tyson Foods, Inc. is dismissed from the case. Signed by Chief District Judge Eric F. Melgren on December 9, 2022. Mailed to pro se party Phyllis L. Walker by regular mail. (mls) |
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Filing 32
MEMORANDUM AND ORDER denying, without prejudice, #30 Motion to Amend #2 Complaint. Plaintiff did not comply with the requirements for filing a motion to amend as outlined in D. Kan. Local Rule 15.1. The Rule states that a party filing a motion to amend or a motion for leave to file a pleading or other document that may not be filed as a matter of right must: (1) set forth a concise statement of the amendment or leave sought; (2) attach the proposed pleading or other document; and (3) comply with the other requirements of D. Kan. Rules 7.1 through 7.6. Plaintiff has not set forth a concise statement of the amendment she seeks. She failed to attach a draft of the proposed amended Complaint. She is also instructed to review and comply with D. Kan. Rules 7.1 through 7.6. This ORDER also denies Plaintiff's #30 Motion file documents. Based on the limited information contained in Plaintiff's motion, the Court is unable to determine what documents Plaintiff is requesting to file and for what purpose. Finally, this ORDER also denies, without prejudice, Plaintiff's #30 Motion to Appoint Counsel. If Plaintiff intends to request appointment of counsel, she is instructed to use (and comply with the requirements of) the form motion requesting appointment of counsel provided on the District Court of Kansas website. Signed by Magistrate Judge Kenneth G. Gale on 11/15/22. Mailed to pro se party Phyillis Walker by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
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| NOTICE Re: Pro Se Mailing. Document 32 Order on Motion to Amend/Correct, Order on Motion for Miscellaneous Relief, Order on Motion to Appoint Counsel mailed to Phyllis L. Walker on 11/15/2022 by regular mail. (cc) |
| Filing 31 RESPONSE by Plaintiff Phyllis L. Walker re #26 Motion for Summary Judgment (Attachments: #1 Exhibit, #2 Envelope) NOTE, this is a refiling of #30 which included motions and a response.(ca) |
| Filing 30 MOTION to Amend, MOTION File Documents, MOTION to Appoint Counsel by Plaintiff Phyllis L. Walker (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Exhibit, #2 Envelope)(ca) |
| Filing 29 CERTIFICATE OF SERVICE of Documents regarding Defendants, Tyson Foods, Motion for Summary Judgment by Tyson Food Inc (Stitt, Jason) |
| Filing 28 EXHIBIT(S) IN SUPPORT of #26 MOTION for Summary Judgment by Defendant Tyson Food Inc Notice to Pro Se Litigant Who Opposes a Motion for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(Stitt, Jason) |
| Filing 27 MEMORANDUM IN SUPPORT of #26 MOTION for Summary Judgment by Defendant Tyson Food Inc (Attachments: #1 Exhibit A, #2 Exhibit B)(Stitt, Jason) |
| Filing 26 MOTION for Summary Judgment by Defendant Tyson Food Inc. (Stitt, Jason) |
| Filing 25 ANSWER to #2 Complaint by Tyson Food Inc.(Stitt, Jason) |
| Filing 24 ANSWER to #2 Complaint by United States Department of Agriculture.(Vanorsby, Brian) |
| Filing 23 EXHIBIT(S) IN SUPPORT of #2 Complaint by Plaintiff Phyllis L. Walker. (sz) |
| Filing 22 CLERKS ORDER EXTENDING TIME until 10/25/2022 for Defendant Tyson Food Inc to answer or otherwise plead. Signed by deputy clerk on 10/04/2022. Mailed to pro se party Phyllis L. Walker at 4210 West Burnett, Pine Bluff, AR 71603 by regular mail. (jk) |
| Filing 21 Summons Returned Executed -- United States Department of Agriculture served by Certified Mail on 9/20/2022. Copy mailed to pro se Plaintiff Phyllis L Walker at 4210 West Burnett, Pine Bluff, AR 71603 by regular mail. (jk) |
| Filing 20 Summons Returned Executed -- United States Attorney General served by Certified Mail on 9/21/2022. Copy mailed to pro se Plaintiff Phyllis L Walker at 4210 West Burnett, Pine Bluff, AR 71603 by regular mail. (jk) |
| Filing 19 SUMMONS RETURNED EXECUTED -- Certified Mail by Phyllis L Walker upon Tyson Food Inc served on 9/21/2022, answer due 10/12/2022. Copy mailed to pro se Plaintiff Phyllis L Walker at 4210 West Burnett, Pine Bluff, AR 71603 by regular mail. (jk) |
| Filing 18 Summons Returned Executed -- United States Attorney served by Personal Service on 9/19/2022, answer due 11/18/2022. Copy mailed to pro se Plaintiff Phyllis L Walker at 4210 West Burnett, Pine Bluff, AR 71603 by regular mail. (jk) |
| SUMMONS ISSUED as to Tyson Food Inc, United States Department of Agriculture, U.S. Attorney and U.S. Attorney General (issued to US Marshal for service). Copy of NEF mailed to pro se Plaintiff Phyllis L Walker at 4210 West Burnett, Pine Bluff, AR 71603 by regular mail. (jk) |
| NOTICE Re: Pro Se Mailing. Document 16 Order on Motion for Leave to Proceed In Forma Pauperis mailed to Phyllis L. Walker on 9/15/2022 by regular mail. (mam) |
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Filing 17
MEMORANDUM AND ORDER denying #3 Motion to Appoint Counsel. Signed by Magistrate Judge Kenneth G. Gale on 9/14/22. Mailed to pro se party Phyllis L. Walker by regular mail. (df)
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Filing 16
ORDER granting #1 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Kenneth G. Gale on 9/14/22. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
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Filing 15
ORDER granting, for good cause shown, #14 MOTION for Extension of Time to File Answer or otherwise respond to #2 Complaint. Answer of United States Department of Agriculture answer due on or before 10/14/2022. Signed by Magistrate Judge Kenneth G. Gale on 9/12/22. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
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| Filing 14 MOTION for Extension of Time to File Answer re #2 Complaint or Otherwise Plead by Defendant United States Department of Agriculture (referred to Magistrate Judge Kenneth G. Gale) (Vanorsby, Brian) |
| Filing 13 NOTICE of Substitution of Counsel and Entry of Appearance of Substituted Counsel by United States Department of Agriculture (Vanorsby, Brian) |
| NOTICE Re: Pro Se Mailing. Document 15 Order on Motion for Extension of Time to Answer mailed to Phyllis L Walker on 9/12/2022 by regular mail. (mam) |
| Filing 12 Letter from the clerk to parties regarding case transfer. (heo) |
| Filing 11 CASE TRANSFERRED IN from District of Arkansas Eastern; Case Number 4:22-cv-00450. Electronic case file and docket sheet received. (heo) |
| NOTICE Re: Pro Se Mailing. Document #12 Letter mailed to Phyllis L. Walker on 9/1/2022 by regular mail. (heo) |
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Filing 10
ORDER granting #6 Defendants' motion to dismiss, or in the alternative to transfer the case to the United States District Court of Kansas; and directing the clerk of the court to immediately transfer Plaintiff's entire case file to the United States District Court for the District of Kansas. Signed by Judge James M. Moody Jr. on 08/31/2022. (llg) [Transferred from Arkansas Eastern on 9/1/2022.]
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Filing 9
ORDER: The Court believes judicial economy would be served by consolidating cases. The Court will withhold entry of an Order consolidating the cases for 14 days from the date of this Order to give the parties an opportunity to file any objections to consolidation. Signed by Judge James M. Moody Jr. on 07/19/2022. (llg) [Transferred from Arkansas Eastern on 9/1/2022.]
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Filing 8
ORDER directing the Clerk to reassign this case to Judge James M. Moody Jr. Signed by Judge Kristine G. Baker on 7/19/2022. (jbh) (Docket text modified on 7/20/2022 to correct a typographical error) (jak) [Transferred from Arkansas Eastern on 9/1/2022.]
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| (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Based on #8 Order, the Clerk's office has reassigned the case to Judge James M. Moody Jr. (jak) [Transferred from Arkansas Eastern on 9/1/2022.] |
| Filing 7 MEMORANDUM of points and authorities re #6 Motion to Dismiss filed by Department of Agriculture. (Attachments: #1 Exhibit 1)(McCord, Stacey) [Transferred from Arkansas Eastern on 9/1/2022.] |
| Filing 6 MOTION to Dismiss by Department of Agriculture (McCord, Stacey) [Transferred from Arkansas Eastern on 9/1/2022.] |
| Filing 5 NOTICE of Appearance by Stacey Elise McCord on behalf of Department of Agriculture (McCord, Stacey) [Transferred from Arkansas Eastern on 9/1/2022.] |
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Filing 4
ORDER provisionally granting #1 Application for Leave to Proceed In Forma Pauperis, pursuant to General Order No. 29. Signed at the Direction of the Court on 05/13/2022. (llg) [Transferred from Arkansas Eastern on 9/1/2022.]
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| Filing 3 MOTION for Appointment of Counsel by Phyllis L Walker. (llg) [Transferred from Arkansas Eastern on 9/1/2022.] |
| Filing 2 COMPLAINT UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 against All Defendants filed by Phyllis L Walker. (llg) [Transferred from Arkansas Eastern on 9/1/2022.] |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Phyllis L Walker. (llg) [Transferred from Arkansas Eastern on 9/1/2022.] (Additional attachment(s) added on 9/1/2022: #1 Main Document) (heo). |
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