Drake et al v. Aramark Corporation et al
| Eloise Wilson and Nell Drake |
| Aramark Corporation and Aramark Correctional Services, LLC |
| 0:2007cv00083 |
| July 20, 2007 |
| US District Court for the Eastern District of Kentucky |
| Ashland Office |
| Morgan |
| Edward B Atkins |
| David L Bunning |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 16, 2009. A more recent docket listing may be available from PACER.
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| Filing 36 STIPULATION of Dismissal With Prejudice by Aramark Correctional Services, LLC. (McIntyre, M.) |
Filing 35
ORDER that Dft's DE #30 Motion for Bill of Costs is GRANTED to the extent that the Dft is awarded attorney fees from Frederick Anderson, Esq., in an amount of $1,000.00.. Signed by Edward B Atkins on 12/02/08. (MSH)cc: COR
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| NOTICE OF DOCKET MODIFICATION TO M. Scott McIntyre re #34 REPLY; Error: attorney failed to create a link to the related document. Entry by attorney; Correction: Clerk has modified text to create the link; In the future, attorney is advised to create a link to the related document. cc: COR (MSH) |
| Filing 34 REPLY to #30 IN SUPPORT OF BILL OF COSTS filed by Aramark Correctional Services, LLC. (McIntyre, M.) Modified on 8/11/2008 to create link (Heaberlin, Margaret). |
| Filing 33 NOTICE OF FILING by Nell Drake re #31 RESPONSE,, #32 RESPONSE, (Attachments: #1 Affidavit Scanned, signed and notarized Affidavit of Frederick J. Anderson)(Anderson, Frederick) |
| NOTICE OF DOCKET MODIFICATION and NOTICE OF DEFICIENCY TO Frederick Anderson re #31 RESPONSE and #32 RESPONSE: ERROR #1 attorney failed to create a link to the related document. Entry by attorney; Correction: Clerk has modified text to create the link; In the future, attorney is advised to create a link to the related document. NOTICE OF DEFICIENCY ERROR #2 Affidavit attached to #31 RESPONSE and #32 RESPONSE; attorney failed to submit a scanned copy of the original signature for the affiant and notary. Attorney shall prepare a pleading entitled "Notice of Filing" (with a certificate of service), file the Notice using the event "Notice of Filing," attach a scanned copy of the Affidavit with the original signature of the affiant and notary within 3 business days. cc: COR (MSH) |
| Filing 32 RESPONSE to #30 Motion for Bill of Costs filed by Eloise Wilson. (Attachments: #1 INCORRECT Affidavit of Frederick J. Anderson, #2 Proposed Order Overruling Motion for Bill of Costs, #3 Exhibit Answers to Interrogatories of Drake, #4 Exhibit Answers to Interrogatories of Wilson, #5 Exhibit Responses to Document Requests of Drake, #6 Exhibit Response to Document Requests of Wilson)(Anderson, Frederick) Modified on 7/29/2008 to create link(Riley, Christina). (Additional attachment(s) added on 9/10/2008: #7 CORRECTED Affidavit of Frederick J. Anderson) (MSH) |
| Filing 31 RESPONSE to #30 Motion for Bill of Costs filed by Nell Drake. (Attachments: #1 INCORRECT Affidavit of Frederick J. Anderson in response to motion for bill of costs, #2 Proposed Order Overruling Motion for Bill of Costs, #3 Exhibit Answers to Interrogatories of Drake, #4 Exhibit Answers to Interrogatories of Wilson, #5 Exhibit Response to Document Requests of Drake, #6 Exhibit Response to Document Requests of Wilson)(Anderson, Frederick) Modified on 7/29/2008 to create link (Riley, Christina) (Additional attachment(s) added on 9/10/2008: #7 CORRECTED Affidavit of Frederick J. Anderson) (MSH). |
| Clerk's Note: re #30 MOTION for Bill of Costs by Aramark Correctional Services, LLC. Affidavit filed under seal as Ex. A received in paper this date and placed on shelf. (MSH) |
| ***MOTION SUBMITTED TO CHAMBERS of Edward B. Atkins for review: #30 MOTION for Bill of Costs by Aramark Correctional Services, LLC (MSH) |
| Filing 30 MOTION for Bill of Costs by Aramark Correctional Services, LLC Motions referred to Edward B Atkins. (Attachments: #1 Exhibit A - Affidavit in Support of Bill of Costs [Filed Under Seal])(McIntyre, M.) |
| Clerk's Note: re #29 Order on Motion to Appear Pro Hac Vice. Mailed General Order 06-11 and Registration Form to Attorney Stephen C. Sutton. (MSH) |
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Filing 29
ORDER granting Dft's #26 Motion that Stephen C. Sutton be admitted to Appear Pro Hac Vice and is permitted to practice before the Court in this particular case.. Signed by Edward B Atkins on 7/18/08. (sealed0, )cc: COR
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Filing 28
ORDER Upon Dft's Unopposed #27 Motion to File an Affidavit under seal in connection with submitting its Bill of Costs is GRANTED.. Signed by Edward B Atkins on 7/18/08. (sealed0, )cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Edward B. Atkins for review: #27 MOTION to Seal Document by Aramark Correctional Services, LLC (MSH) |
| Filing 27 MOTION to Seal Document by Aramark Correctional Services, LLC Motions referred to Edward B Atkins. (Attachments: #1 Proposed Order)(McIntyre, M.) |
| ***MOTION SUBMITTED TO CHAMBERS of Edward B. Atkins for review: #26 MOTION for Stephen C. Sutton to Appear Pro Hac Vice by Aramark Correctional Services, LLC ( Filing fee $65; receipt number 1253197) MOTION for Stephen C. Sutton to Appear Pro Hac Vice by Aramark Correctional Services, LLC ( Filing fee $65; receipt number 1253197) (MSH) |
| Filing 26 MOTION for Stephen C. Sutton to Appear Pro Hac Vice by Aramark Correctional Services, LLC ( Filing fee $65; receipt number 1253197)Motions referred to Edward B Atkins. (Attachments: #1 Exhibit A - Affidavit of Stephen C. Sutton, #2 Proposed Order)(McIntyre, M.) |
| Filing 25 Mail Returned as Undeliverable. Mail sent to Nell Drake re #23 Order. (MSH) |
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Filing 24
MINUTE ENTRY ORDER FOR 1) denied as moot #16 MOTION to Stay ruling on dfts motion to dismiss until after 5/19/08 by Nell Drake and by Eloise Wilson 2) dft is directed to file a Bill of Costs for the Court's consideration in regard to attempts made to obtain discovery 3) granting MOTION to Withdraw as Attorney Frederick J. Anderson by Nell Drake #18 and #19 as to Eloise Wilson and he is relieved as counsel, but shall remain of service pending outcome of the Bill of Costs to be submitted as directed above 4) Attorney Patrick E. O'Neill for Nell Drake and Eloise Wilson added upon his attendance for this hearing 5) Discovery due by 10/4/2008 6) expert discovery is extended until 1/15/09 which is same as the status report ddl prev. set by Judge Bunning 7) Dispositive Motions due by 2/15/2009 8) plas are granted 30 dys to provide all outstanding discovery responses to dft 9) by 2/15/09 ptys submit matter to mediation with a mediator of their choice or settlement conf before the court; should parties desire a settlement conf they shall notify court in time for proceeding to be held prior to 2/15/09 before Edward B Atkins: (Court Reporter KELLY SMITH.) (SMT)cc: COR
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Filing 23
ORDER before court on re #22 Notice filed by Aramark Correctional Services, LLC, of pla failure to comply with court's order; matter shall come for hearing set for 6/25/2008 02:00 PM in Ashland before Edward B Atkins . Signed by Edward B Atkins on 6/20/08.(SMT)cc: COR, (Nell Drake and Eloise Wilson by first class mail)
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| Filing 22 NOTICE by Aramark Correctional Services, LLC of Plaintiff's Failure to Comply with Court's Order (McIntyre, M.) |
| ***FILE SUBMITTED TO CHAMBERS of Atkins for review: #21 Order to Show Cause, Terminate Motions #22 Notice (SMT) |
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Filing 21
ORDER: Motion #13 to Dismiss, or in the alternative to Compel or to Show Cause is GRANTED. (1) That on or before 6/13/2008, the Plaintiffs SHOW CAUSE why the matter shall not be dismissed for failure to prosecute, including violation of this Court's prior Order regarding filing initial disclosures DE #12 ; and (2) That on or before 6/13/2008, the Plaintiffs serve their initial disclosures and complete responses to Defendant's interrogatories and documents requests. ( Show Cause Response due by 6/13/2008.):. Signed by Edward B Atkins on 5/29/08.(MSH)cc: COR
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| Filing 20 RESPONSE to Motion re #18 MOTION to Withdraw as Attorney by Nell Drake, #19 MOTION to Withdraw as Attorney by Eloise Wilson filed by Aramark Correctional Services, LLC. (McIntyre, M.) |
| Filing 19 MOTION to Withdraw as Attorney by Eloise Wilson Motions referred to Edward B Atkins. (Attachments: #1 Proposed Order)(Anderson, Frederick) |
| Filing 18 MOTION to Withdraw as Attorney by Nell Drake Motions referred to Edward B Atkins. (Attachments: #1 Proposed Order)(Anderson, Frederick) |
| Filing 17 RESPONSE to #16 Plaintiffs' Motion to Stay filed by Aramark Correctional Services, LLC. (McIntyre, M.) |
| ***MOTION SUBMITTED TO CHAMBERS of Edward B. Atkins for review: #16 MOTION to Stay by Nell Drake and by Eloise Wilson (MSH) |
| NOTICE OF DOCKET MODIFICATION TO Frederick Anderson re #16 MOTION to Stay by Nell Drake and by Eloise Wilson; Error: attorney failed to choose the correct filers; Entry by attorney; Correction: Clerk has added the plaintiff as a filer to the document; In the future, attorney should hold the ctrl key on the keyboard and click on each party filing the pleading. cc: COR (MSH) |
| Filing 16 MOTION to Stay by Nell Drake and by Eloise Wilson Motions referred to Edward B Atkins. (Attachments: #1 Proposed Order Proposed Order Sustaining Motion to Stay)(Anderson, Frederick) Modified on 5/2/2008 to add filer (MSH). |
| ***MOTION SUBMITTED TO CHAMBERS of Edward B. Atkins for review: #13 MOTION to Dismiss for Lack of Prosecution by Aramark Correctional Services, LLC MOTION for Order to Show Cause by Aramark Correctional Services, LLC MOTION to Compel by Aramark Correctional Services, LLC (MSH) |
| Filing 15 NOTICE by Aramark Correctional Services, LLC of Submitting Unopposed Motion to Dismiss Per Local Rule 7.1(g) (McIntyre, M.) |
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Filing 14
ORDER REFERRING MOTION: ; dft having moved to dismiss based on pla failure to comply with or participate in discovery thereby failing to advance the litigation; and upon review of said motion court notes that dismissal sought is nature of a discovery sanction; #13 MOTION to Dismiss for Lack of Prosecution is referred to Mag. Judge Atkins for consideration and a ruling, or a report and recommendation should Mag. Edward B. Atkins find that a dismissal would be appropriate course of action. Signed by David L. Bunning on 2/25/08.(SMT)cc: COR
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| Filing 13 MOTION to Dismiss for Lack of Prosecution by Aramark Correctional Services, LLC, MOTION for Order to Show Cause by Aramark Correctional Services, LLC, MOTION to Compel by Aramark Correctional Services, LLC Motions referred to Edward B Atkins. (Attachments: #1 Exhibit 1 - Court's 01/15/08 Order, #2 Exhibit 2 - Interrogatories and Document Requests, #3 Exhibit 3 - McIntyre 12/21/07 Letter, #4 Exhibit 4 - McIntyre Affidavit, #5 Exhibit 5 - In re 2004 DuPont Litigation, #6 Exhibit 6 - Moses v. Sterling Commerce, #7 Exhibit 7 - American Intern. South v. Caterpillar, #8 Proposed Order Granting Dismissal, #9 Proposed Order to Show Cause, #10 Proposed Order Requiring Service of Disclosures and Responses to Discovery Requests)(McIntyre, M.) |
| Filing 12 (ORDER) MINUTE ENTRY FOR TELEPHONE CONFERENCE held on 1/15/2008 before Edward B Atkins: Plaintiffs shall provide the Defendant with Initial Disclosures, Answers to Interrogatories and Responses to Requests for Production on or before 02/15/08. (MSH)cc: COR Modified text to add ORDER on 1/16/2008 (MSH). |
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Filing 11
AMENDED SCHEDULING ORDER: Upon further review of Report of Parties' Proposed Discovery Plan #9 , Paragraph (A)(4) of Court's Scheduling Order #10 is amended to reflect that: Pretrial fact discovery is due on or before 7/3/2008; Pretrial expert witness discovery is due on or before 10/4/2008; All other deadlines remain as previously set forth in the Court's Scheduling Order. Signed by Judge David L. Bunning (CMR)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #9 Report of Rule 26(f) Planning Meeting for a Scheduling Order. (MSH) |
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Filing 10
ORDER: DEADLINES AND CASE SCHEDULE (1) Rule 26(a)(1) disclosures ddl 11/01/2007. (2) Motions to join parties or amend pleadings due by 01/03/2008. (3) Rule 26(a)(2) reports from parties' expert witnesses - from Plaintiffs ddl 08/04/2008, from Defendant on or before 09/04/08. (4) Pretrial discovery, including discovery related to expert witnesses ddl 07/03/2008. (5) Status Report due by 07/03/2008 (close of discovery). (6) Dispositive Motions due by 08/31/2008. (7) Copies of Memoranda although documents may now be e-filed a court courtesy copy must be provided TO CHAMBERS within 48 hour of the filing of the brief or memorandum in support of a motion, and may be in paper form or electronic format (using Word 2000 or WordPerfect 8) e-mailed to Judge's Chambers. REFERRAL TO MAGISTRATE JUDGE & PRETRIAL DISCOVERY PROCEDURE (1) Case is referred to US Magistrate Judge Edward B. Adkins to supervise discovery and pretrial proceedings. In connection with such reference, said Magistrate Judge is authorized to conduct all pretrial and status conferences, to hold all hearings as may be required, and to rule on nondispositive motions. Dispositive motions and motions in limine will be referred by Clerk to the undersigned. Case will revert back to the undersigned to hold the final pretrial conference and trial, unless the parties agree to a trial by a magistrate judge. (2) Discovery disputes shall be resolved in the following manner: (1) Parties shall first meet and/or confer in an attempt to resolve disputes between themselves, without judicial intervention: (2) if parties are unable to resolve disputes informally, they shall attempt to resolve disagreement by telephone conference with the Magistrate Judge; (3) if parties are unable to resolve disputes after conference with the Magistrate Judge, they may file appropriate written motions with the Court. . Signed by Judge David L. Bunning. (MSH)cc: COR
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| Filing 9 JOINT REPORT of Rule 26(f) Planning Meeting. (McIntyre, M.) |
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Filing 8
ORDER: Plaintiffs Nell Drake and Eloise Wilson ("Plaintiffs") voluntarily dismiss defendant ARAMARK Corp with prejudice pursuant to Federal Civil Rule 41(a) because that entity did not employ Plaintiffs and is not a proper party to this action. Aramark Corporation terminated.. Signed by Judge David L. Bunning. (MSH)cc: COR
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| Filing 7 Proposed Agreed Order/Stipulation Dismissing Defendant Aramark Corporation by Nell Drake, Eloise Wilson, Aramark Corporation, Aramark Correctional Services, LLC. (McIntyre, M.) |
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Filing 6
ORDER: Parties w/in 15 days of Order, submit for Court's consideration, an Agreed Order voluntarily dismissing Defendant Aramark Corporation from this proceeding. Absent filing of same w/in deadline specified, Court will presume parties intend to press on with Aramark Corporation to remain a named Defendant in the case. Signed by Judge David L. Bunning. (CMR)cc: COR
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Filing 5
ORDER FOR MEETING AND REPORT: 1) w/in 21 days ptys shall meet to discuss nature and basis of their claims and defenses 2) w/in 10 dys after meeting Rule 26 Meeting Report due by 10/13/2007 containing a) proposed discovery plan b) ptys est. time to file pretrial motions c) ptys belief as to whether the matter is suitable for some form of alterantive dispute resolution such as mediation d) ptys est as to probable length of trial; should parties find that a joint report is not possible ptys shall each file individual reports which the court shall entertain for purposes of setting out its scheduling order. Rule 26 Meeting Report due by 10/13/2007.. Signed by Judge David L. Bunning. (MSH)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Judge Bunning for review of jurisdiction re: #1 Notice of Removal; and for Meeting and Report Order upon filing of #4 Answer to Complaint. (CMR) |
| Filing 4 ANSWER to Complaint by Aramark Corporation, Aramark Correctional Services, LLC.(McIntyre, M.) |
| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Aramark Corporation, Aramark Correctional Services, LLC. (McIntyre, M.) |
| Filing 2 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, M. Scott McIntyre. #1 Notice of Removal, has been filed by Aramark Corporation and Aramark Correctional Services, LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within ten (10) days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (MSH) |
| Conflict Check run. (MSH) |
| Filing 1 NOTICE OF REMOVAL from Morgan Circuit Court, case number 07-CI-00137. ( Filing fee $350; receipt number 999936), filed by the Defendants Aramark Corporation and Aramark Correctional Services. (Attachments: #1 Exhibit A- State Court Complaint and Summons; #2 Exhibit B- Affidavit of Al Conrad; #3 Exhibit C- Notice of Filing Notice of Removal; #4 Civil Cover Sheet; #5 Case Assignment)(MSH) Modified on 7/24/2007 (Heaberlin, Margaret). Modified on 7/24/2007 (Heaberlin, Margaret). |
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