Hankins v. McDonough
| Mark Hakins and Mark Hankins |
| Dennis Richard McDonough |
| 2:2022cv00049 |
| April 11, 2022 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| William O Bertelsman |
| Robert E Wier |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Both |
Docket Report
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This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.
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Filing 51
ORDER: Plaintiff's Motion for a 30-Day Extension #39 is DENIED. Signed by Magistrate Judge Edward B. Atkins on 11/17/2023. (SLG)cc: COR and Mark Hankins by US Mail
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| ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #32 MOTION for Partial Summary Judgment by Dennis Richard McDonough Motion for Partial Summary Judgment on Plaintiff's September 2019 and Later Hostile Work Environment Claims, #31 MOTION for Partial Summary Judgment by Dennis Richard McDonough Motion for Partial Summary Judgment on Plaintiff's 2016-September 2019 Hostile Work Environment Claims, #24 MOTION for Partial Summary Judgment by Dennis Richard McDonough (SLG) |
| ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #38 MOTION in Limine by Dennis Richard McDonough (SLG) |
| Filing 50 REPLY to #47 , #38 IN SUPPORT OF MOTIONS IN LIMINE filed by Dennis Richard McDonough. (Melloan, Kyle) |
| Filing 49 REPLY to #46 , #24 , #32 , #31 IN SUPPORT OF MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS AND MOTIONS FOR PARTIAL SUMMARY JUDGMENT filed by Dennis Richard McDonough. (Melloan, Kyle) |
| Filing 48 RESPONSE to #45 TO PLAINTIFFS OBJECTION TO DEFENDANTS RESPONSE TO DISCOVERY MOTION filed by Dennis Richard McDonough. (Attachments: #1 Exhibit 1-letter dated August 7, 2023., #2 Proposed Order)(Melloan, Kyle) |
| Filing 47 RESPONSE to #38 Defendant's MOTION in Limine, filed by Mark Hankins, pro se. (TJG) |
| Filing 46 RESPONSE to [24, 31, 32] Defendant's Request for Summary Judgment, filed by Mark Hankins, pro se. (Attachments: #1 Various exhibits)(TJG) |
| Filing 45 OBJECTION to Defendant's Response to Discovery Motion, filed by Mark Hankins, pro se. (TJG) |
| Filing 44 INCORRECTLY FILED OBJECTION to DEFENDANT'S RESPONSE TO DISCOVERY MOTION, filed by Mark Hankins, pro se. (Attachments: #1 envelope pm 10-25-2023)(TJG). See #45 , #46 , #47 for correct entries. Modified text on 11/7/2023 (TJG). |
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Filing 43
ORDER: The Court recognizes that Plaintiff is currently unrepresented and therefore should not send any correspondence directly to the undersigned any future documents or pleadings should be filed with the Clerk so that it may be entered into the record. The Clerk shall enter the attached letter into the record and that said letter shall be docketed as a Memorandum in Support of Plaintiffs Motion for an Additional 30-Day Extension to Retain New Counsel. R. #39 . Signed by Magistrate Judge Edward B. Atkins on 10/27/2023.(SLG)cc: COR and Mark Hankins by US Mail
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| Filing 42 MEMORANDUM in Support of Plaintiff's Motion for an Additional 30-Day Extension to Retain New Counsel #39 , filed by Mark Hankins. (Attachments: #1 Envelope PM 10-13-2023)(SLG) |
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Filing 41
ORDER: Plaintiff shall file a reply responding to Defendant's Response #40 by 11/7/2023. Signed by Magistrate Judge Edward B. Atkins on 10/24/2023.(TJG)cc: CORand Mark Hankins by US Mail
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| Filing 40 RESPONSE in Opposition re #39 MOTION for Extension of Time by Mark Hankins Defendant's Response to Plaintiff's Third Motion for Extension filed by Dennis Richard McDonough. (Attachments: #1 Proposed Order)(Melloan, Kyle) |
| Filing 39 MOTION for Additional 30 Day Extension to find an attorney by Mark Hankins. (Attachments: #1 Envelope PM 10-3-2023)(SLG) |
| Filing 38 MOTION in Limine by Dennis Richard McDonough (Attachments: #1 Exhibit 1-Walden Deposition, #2 Exhibit 2-Webster Deposition, #3 Exhibit 3-Hankins Deposition, #4 Proposed Order)(Melloan, Kyle) Modified text on 9/29/2023 (SLG). |
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Filing 37
ORDER: Plaintiff's Motion for Extension of Time #33 ; #34 is DENIED. Plaintiff shall file his Responses to Defendants Motions for Partial Summary Judgment #31 ; #32 on or before October 18, 2023.Signed by Magistrate Judge Edward B. Atkins on 09/27/2023. (SLG)cc: COR and Mark Hankins by US Mail
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| Filing 36 RESPONSE to #34 Motion for Extension and Tolling filed by Dennis Richard McDonough. (Attachments: #1 Proposed Order)(Melloan, Kyle) |
| Filing 35 RESPONSE to Motion re #33 MOTION for Extension of Time by Mark Hankins And Tolling filed by Dennis Richard McDonough. (Attachments: #1 Proposed Order)(Melloan, Kyle) |
| Filing 34 Second Letter from Mark Hankins, pro se re #33 Motion for Extension of Time to find another attorney. Letter was dropped off in the Covington office. (SLG) Modified on 9/27/2023 (SLG). |
| Filing 33 MOTION for Extension of Time to find another attorney by Mark Hankins, pro se. (Attachments: #1 Order, #2 Envelope PM 9-14-23)(SLG) |
| Filing 32 MOTION for Partial Summary Judgment by Dennis Richard McDonough Motion for Partial Summary Judgment on Plaintiff's September 2019 and Later Hostile Work Environment Claims (Attachments: #1 Exhibit Hankins Deposition, #2 Exhibit Hearing Transcript (3/16/2021), #3 Exhibit EO Notices, #4 Exhibit Imhoff Affidavit (11/3/2020), #5 Exhibit Imhoff Affidavit (3/23/2020), #6 Exhibit Starkey Affidavit (11/17/2020), #7 Exhibit Hankins Affidavit (6/3/2019), #8 Exhibit McAdams Affidavit (11/20/2020), #9 Exhibit Moses Affidavit (11/30/2020), #10 Exhibit Emails (2/2019), #11 Exhibit Hankins Affidavit (6/3/2019), #12 Exhibit Emails (8/2019), #13 Exhibit Imhoff Affidavit (4/1/2020), #14 Exhibit R. Cagle Affidavit (11/2/2020), #15 Exhibit Emails (5/7/2020), #16 Exhibit Carcutt Affidavit (11/20/2020), #17 Exhibit Rattermann Affidavit (11/5/2020), #18 Exhibit Rhinehart Affidavit (11/5/2020), #19 Exhibit Williams Affidavit (11/5/2020), #20 Exhibit Grubbs Affidavit (11/17/2020), #21 Exhibit Johnson Affidavit (11/6/2020), #22 Exhibit Yingling Affidavit (11/9/2020), #23 Exhibit Union Contract, #24 Exhibit Roedersheimer Affidavit (8/5/2019), #25 Exhibit Long Affidavit (8/25/2019), #26 Exhibit Wilder Affidavit (8/2/2019), #27 Exhibit Ghent Affidavit (8/2/2019), #28 Exhibit Bosse Affidavit (8/5/2019), #29 Exhibit Jung Affidavit (8/6/2019), #30 Exhibit Lee Affidavit (8/6/2019), #31 Exhibit Webster Affidavit (8/6/2019), #32 Exhibit Benjamin Affidavit (8/2/2019), #33 Exhibit Sheriff Affidavit (8/5/2019), #34 Exhibit Dames Affidavit (8/8/2019), #35 Exhibit Volz-Noe Affidavit (8/28/2019), #36 Exhibit Pietzuch Affidavit (8/12/2019), #37 Exhibit M. Cagle Affidavit (11/4/2020), #38 Exhibit Murdock Affidavit (11/12/2020), #39 Exhibit Barnhart Affidavit (11/17/2020), #40 Exhibit Walden Affidavit (3/25/2020), #41 Exhibit Beasley Affidavit (11/18/2020), #42 Exhibit Lange Affidavit (8/8/2019), #43 Exhibit Starkey Declaration (8/29/2023), #44 Proposed Order)(Melloan, Kyle) |
| Filing 31 MOTION for Partial Summary Judgment by Dennis Richard McDonough Motion for Partial Summary Judgment on Plaintiff's 2016-September 2019 Hostile Work Environment Claims (Attachments: #1 Exhibit Hankins Deposition, #2 Exhibit Hearing Transcript (3/16/2021), #3 Exhibit EO Notices, #4 Exhibit Hearting Transcript (3/15/2021), #5 Exhibit Walden Affidavit (8/12/2019), #6 Exhibit Moses Affidavit (11/30/2020), #7 Exhibit Walden Affidavit (3/25/2020), #8 Exhibit Emails (2/2019), #9 Exhibit Hankins Affidavit (6/3/2019), #10 Exhibit Emails (8/2019), #11 Exhibit Long Affidavit (8/25/2019), #12 Exhibit Performance Appraisal (2018), #13 Exhibit Functional Statement, #14 Exhibit Hearing Transcript (3/17/2021), #15 Exhibit Veteran Complaint, #16 Exhibit Vance Affidavit (8/9/2019), #17 Exhibit Memos (10/25/2018), #18 Exhibit Fact Finding (12/7/2018), #19 Exhibit Volz-Noe Affidavit (8/28/2019), #20 Exhibit Jackson Affidavit (8/2/2019), #21 Exhibit Report (4/29/2019), #22 Exhibit Counseling, #23 Exhibit Wilder Affidavit (8/2/2019), #24 Exhibit Report, #25 Exhibit Notice of Removal, #26 Exhibit Imhoff Affidavit (11/3/2020), #27 Exhibit Roedersheimer Affidavit (8/5/2019), #28 Exhibit Ghent Affidavit (8/2/2019), #29 Exhibit Bosse Affidavit (8/5/2019), #30 Exhibit Jung Affidavit (8/6/2019), #31 Exhibit Lee Affidavit (8/6/2019), #32 Exhibit Webster Affidavit (8/6/2019), #33 Exhibit Benjamin Affidavit (8/2/2019), #34 Exhibit Sheriff Affidavit (8/5/2019), #35 Exhibit Dames Affidavit (8/8/2019), #36 Exhibit Pietzuch Affidavit (8/12/2019), #37 Exhibit Williams Affidavit (8/5/2020), #38 Exhibit R. Cagle Affidavit (11/2/2020), #39 Exhibit Yingling Affidavit (11/9/2019), #40 Exhibit M. Cagle Affidavit (11/4/2020), #41 Exhibit McAdams Affidavit (11/20/2020), #42 Exhibit Carcutt Affidavit (11/20/2020), #43 Exhibit Murdock Affidavit (11/12/2020), #44 Exhibit Johnson Affidavit (11/6/2020), #45 Exhibit Barnhart Affidavit (11/17/2020), #46 Exhibit Rattermann Affidavit (11/5/2020), #47 Exhibit Rhinehart Affidavit (11/5/2020), #48 Exhibit Starkey Affidavit (11/17/2020), #49 Exhibit Beasley Affidavit (11/18/2020), #50 Exhibit Lange Affidavit (11/8/2019), #51 Exhibit Starkey Declaration (8/29/2023), #52 Proposed Order)(Melloan, Kyle) |
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Filing 29
NOTICE OF ENTRY OF GENERAL ORDER 23-16: Case reassigned to Judge Robert E. Wier for all further proceedings.. Signed by Judge Danny C. Reeves on 08/25/2023.(JCP)cc: COR
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| Conflict Check run. (JCP) |
| Filing 28 FIRST AMENDED ANSWER to #1 Complaint, with Jury Demand by Dennis Richard McDonough. (Filed per Order DE 27).(ECO) |
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Filing 27
ORDER: that Plaintiff's motion for an extension of time [R. #25 ] is GRANTED.Plaintiff shall have until September 15, 2023, to retain new counsel or proceed pro se.IT IS FURTHER ORDERED that the Defendant's motion to file an amended answer [R. #26 ] is GRANTED. Signed by Magistrate Judge Edward B. Atkins on 8/16/2023. (ECO)cc: CORand Mark Hankins by US Mail
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| Set/Reset Deadlines: Plaintiff shall retain counsel by 9/15/2023. (ECO) |
| Filing 26 MOTION to Amend/Correct #7 Answer to Complaint by Dennis Richard McDonough Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order, #2 Attachment First Amended Answer to Complaint)(Melloan, Kyle) |
| Filing 25 LETTER-Request for Extension to obtain new counsel by Mark Hankins, pro se. Motions referred to Edward B. Atkins. (Attachments: #1 Envelope post marked 7/20/2023)(ECO) |
| NOTICE OF DOCKET MODIFICATION TO Kyle Melloan re #24 MOTION for Partial Summary Judgment; Error: attachments were insufficiently described as "Exhibit", Exhibit, etc."Entry by attorney; Correction: the Clerk renamed the attachments.Attachments must be adequately described. Example: Exhibit A (incorrect);Exhibit A Affidavit of John Doe (correct). No further action required bycounsel. cc: COR (ECO) |
| Filing 24 MOTION for Partial Summary Judgment by Dennis Richard McDonough (Attachments: #1 Exhibit-Email dated 6/25/20, #2 Exhibit-Redacted Complaint of Employment Discrimination , #3 Exhibit-Email dated 10/2/20, #4 Exhibit-Email dated 8/6/20, #5 Exhibit-Email dated 8/26/20, #6 Exhibit-Email dated 10/6/20, #7 Exhibit-Final Agency Decision, #8 Proposed Order)(Melloan, Kyle) Modified text on 7/24/2023 (ECO). |
| Filing 23 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 6/20/2023 before Magistrate Judge Edward B. Atkins. Mr. Dennery's #20 Motion to withdraw as attorney is GRANTED. Plaintiff is given 30 days to have counsel entering an appearance on his behalf in this case, or proceed pro se. (Tape #KYED-LEX__2-22-CV-049-WOB-EBA_20230620_135727.) Signed by Edward B. Atkins. (SLG)cc: COR |
| Filing 22 CERTIFICATE OF SERVICE by Mark Hankins re #21 Order,,,, Set Hearings,,, (Dennery, J.) |
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Filing 21
ORDER: 1. The parties shall appear telephonically before the undersigned for a TELEPHONIC CONFERENCE to appear ON THE RECORD, originating from Lexington, on 6/20/2023 at 02:00 PM. The parties counsel shall access the conference by calling Microsoft Teams Audioconferencing at 606-371-5577 and entering the Phone Conference ID 502 213 346 (followed by #); 2. The Plaintiff is DIRECTED to personally appear for the Telephonic Conference on June 20, 2023 at 2:00 p.m. Plaintiff shall access the conference by calling Microsoft Teams Audioconferencing at 606-371-5577 and entering the Phone Conference ID 502 213 346 (followed by #); and 3. Mr. Dennery is DIRECTED to serve a copy of this Order upon the Plaintiff and file a Notice of Service into the record. Signed by Magistrate Judge Edward B. Atkins on 06/05/2023.(SLG)cc: COR,LEX Court Diary
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| Filing 20 MOTION to Withdraw as Attorney by Mark Hankins Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Dennery, J.) |
| ***FILE SUBMITTED TO CHAMBERS of Edward B. Atkins for review: #19 Joint Status Report (ECO) |
| Filing 19 JOINT STATUS REPORT by Dennis Richard McDonough. (Melloan, Kyle) |
| Filing 18 NOTICE to Take Deposition of Diane Imhoff on Tuesday, March 28, 2023 at 10:00 am by Mark Hankins.(Dennery, J.) |
| Filing 17 NOTICE to Take Deposition of Kimberly Walden on Monday, March 27, 2023 at 10:00 am by Mark Hankins.(Dennery, J.) |
| Filing 16 NOTICE to Take Deposition of Lori Vance on Tuesday, March 21, 2023 at 1:00 pm by Mark Hankins.(Dennery, J.) |
| Filing 15 NOTICE to Take Deposition of Linda Wilder on Tuesday, March 21, 2023 at 10:00 am by Mark Hankins.(Dennery, J.) |
| Filing 14 NOTICE to Take Deposition of Richard Webster on Monday, March 20, 2023 at 12:30 pm by Mark Hankins.(Dennery, J.) |
| Filing 13 NOTICE to Take Deposition of Annette Ghent on Monday, March 20, 2023 at 10:00 am by Mark Hankins.(Dennery, J.) |
| Filing 12 NOTICE to Take Deposition of Mark Hankins on Thursday, March 23, 2023, beginning at 10:00 am local time by Dennis Richard McDonough.(Melloan, Kyle) |
| Filing 11 NOTICE OF APPEARANCE by Dennis Richard McDonough. (Melloan, Kyle) |
| Filing 10 MINUTE ENTRY ORDER FOR DOCKET CALL held on 8/9/2022 before Judge William O. Bertelsman: IT IS ORDERED that the Court adopts the parties' Joint Report of Parties Planning Meeting (Doc. #9 ) as follows: 1) That the parties shall exchange initial disclosures on or before September 2, 2022. 2) That the parties shall complete discovery on or before March 31, 2023 with joint or separate status reports due the same. 3) Plaintiffs' Civil Rule 26(a)(2) experts' disclosures shall be filed on or before May 1 2023; Defendants' Civil Rule 26(a)(2) experts' disclosures shall be filed on or before June 15, 2023. Supplementation under Rule 26(e) shall be filed on or before July 15, 2023. 4) That any motion to amend pleading and/or join parties shall be filed on or before July 31, 2023. 5) That any Dispositive motions shall be filed on or before September 1, 2023 and any pretrial motions shall be filed on or before October 1, 2023. Although documents must now be filed electronically with the Court clerk, a PAPER courtesy copy shall be provided to CHAMBERS within 48 hours of the filing of the brief or memorandum in support of any motion, where such brief or memorandum (including any attached exhibits) exceed 10 pages. (Court Reporter LISA WIESMAN.) Signed by William O. Bertelsman. (ECO)cc: COR Modified bold text on 8/10/2022 (ECO). |
| Filing 9 FIRST REPORT of Rule 26(f) Planning Meeting. (Dennery, J.) |
| ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #9 Report of Rule 26(f) Planning Meeting re #8 Order (ECO) |
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Filing 8
ORDER: that said Docket Call be, and hereby is, set for TUESDAY, AUGUST 9, 2022 AT 1:00 P.M., to be held at the United States Courthouse, 35 West Fifth Street, Covington, Kentucky in the 5th Floor Courtroom. The parties shall confer and file a proposed scheduling order at least three (3) days before docket call. Counsel must attend the docket call in person and be sufficiently familiar with the case to answer any inquires the Court may have. Signed by Judge William O. Bertelsman on 7/21/2022.(ECO)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #7 Answer to Complaint (ECO) |
| Filing 7 ANSWER to #1 Complaint, by Dennis Richard McDonough.(Fleming, Tiffany) |
| Filing 6 AFFIDAVIT of Service for SUMMONS AND COMPLAINT served on Carlton S. Shier IV on May 16, 2022, filed by Mark Hakins. (Dennery, J.) |
| NOTICE FOR ATTORNEY TO UPDATE ADDRESS to J. Christian Dennery: It appears the address listed on your filing #5 Notice of Filing is different than the address registered with our Court. Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (ECO) |
| Filing 5 NOTICE OF FILING by Mark Hakins re Notice of Deficiency, Amended Civil Cover Sheet (Attachments: #1 Exhibit Amended Civil Cover Sheet)(Dennery, J.) |
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Filing 4
STANDING REFERRAL ORDER: 1) Case referred to presiding Magistrate Judge to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, hold hearings as required, and rule on nondispositive motions. Dispositive motions and motions in limine will be referred by the Clerk of court to the undersigned. Subject to other provisions of law, the final pretrial conference and trial will be before the undersigned, unless the parties agree to a trial by a Magistrate Judge, pursuant to 28 USC 636(c).Signed by Judge William O. Bertelsman on 6/18/2010.(ECO)cc: COR
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| Conflict Check run. (ECO) |
| NOTICE OF DEFICIENCY TO J. Christian Dennery re #1 Complaint;the attached Civil Cover Sheet does not pertain to this case; Entry by attorney;within 7 calendar days prepare a document entitled "Notice of Filing",file the Notice using the event "Notice of Filing," attach the correct Civil Cover Sheet, and create a link to the related docket entry. cc: COR (ECO) |
| Filing 3 Summons Issued as to Dennis Richard McDonough; Summons issued and returned to counsel electronically (ECO) |
| Filing 1 COMPLAINT ( Filing fee $402; receipt number AKYEDC-5240175), filed by Mark Hakins. (Attachments: #1 Civil Cover Sheet, #2 Summons Denis Richard McDonough)(ECO) Modified file date on 4/12/2022 (ECO). |
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