Gesenhues v. Radial, Inc. et al
| Herman Andrew Gesenhues |
| Radial, Inc. and Adecco Staffing |
| 3:2019cv00204 |
| March 19, 2019 |
| US District Court for the Western District of Kentucky |
| Claria Horn Boom |
| Colin H Lindsay |
| Joseph H McKinley |
| Prisoner: Civil Rights |
| 29 U.S.C. § 621 Job Discrimination (Age) |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 9, 2020. A more recent docket listing may be available from PACER.
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Filing 28
MEMORANDUM OPINION AND ORDER signed by Judge Claria Horn Boom on 12/9/2020. Defendant's Motion to Compel Arbitration and Dismiss the Case Without Prejudice [R. #27 ] is GRANTED. The case is DISMISSED WITHOUT PREJUDICE subject to the parties right to move to re-open this case for entry of an arbitration award or for any other relief to which the parties may be entitled. Plaintiff Gesenhues SHALL prosecute his claims in accordance with the Parties' Arbitration Agreement. This case shall be STRICKEN from the Court's active docket. cc: Counsel (ALS)
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Filing 27
MOTION to Compel Arbitration by Defendant Adecco Staffing (Attachments: #1 Declaration of Rachel Prentiss with Exhibits, #2 Proposed Order) (Nenni, David)
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Filing 26
ORDER OF DISMISSAL WITHOUT PREJUDICE by Judge Claria Horn Boom on 4/23/2020; against Defendant Radial, Inc. only. cc: Counsel (ALS)
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Filing 25
MANDATE of USCA 6th Circuit as to #16 Notice of Appeal filed by Herman Andrew Gesenhues. (SMJ)
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MANDATE of USCA as to #16 Notice of Appeal filed by Herman Andrew Gesenhues. (CLERK'S DOCKET TEXT ENTRY ONLY to terminate appeal and re-open matter. See #25 for PDF) (RLK)
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Filing 24
TEXT ORDER by Senior Judge Joseph H. McKinley, Jr. on 4/3/2020 REASSIGNING case to Judge Claria Horn Boom for all further proceedings. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel, R. Koch, Plaintiff pro se (EAS)
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Filing 23
Case Assignment (Random Selection): Case Assigned to Judge Claria Horn Boom. (EAS)
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Filing 22
NOTICE of Appearance by Patricia M. Pryor on behalf of Adecco Staffing (Pryor, Patricia)
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Filing 21
NOTICE of Appearance by David A. Nenni on behalf of Adecco Staffing (Nenni, David)
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Filing 20
ORDER of USCA as to #16 Notice of Appeal filed by Herman Andrew Gesenhues : In summary, we GRANT Gesenhues's motion to take judicial notice, see Passa v. City of Columbus, 123 F. App'x 694, 697 (6th Cir. 2005), and DENY his motion for appointment of counsel because he has not shown that exceptional circumstances warranting appointment of counsel exist in this civil case, see Lavado v. Keohane, 992 F.2d 601, 60506 (6th Cir. 1993). We AFFIRM the district court's order and judgment granting Radial's motion to dismiss and to compel arbitration but VACATE the district court's judgment to the extent that it dismissed Gesenhues's complaint with prejudice. Additionally, we VACATE the district court's order to the extent that it dismissed Gesenhues's complaint against Adecco. We REMAND this case to the district court with instructions to amend its judgment as to Radial to a dismissal without prejudice and for further proceedings consistent with this order. (DJT)
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Filing fee: $ 505.00, receipt number L33061140 by Herman Andrew Gesenhues. (JLP)
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Filing 19
USCA, 6th Circuit Case Number 19-5932 for #16 Notice of Appeal filed by Herman Andrew Gesenhues. (RLJ)
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Filing 18
NOTICE OF DOCKET CORRECTION Re:PDF Error: Incorrect document attached to docket entry re: #17 Notice of Deficiency ; Correct document attached to this entry. (JM)
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Filing 17
NOTICE of Deficiency re #16 Notice of Appeal. Filing fee not paid/motion to proceed IFP on Appeal not filed. Failure to comply will be brought to the attention of the Court. Response due by 9/18/2019. (JM) (Main Document 17 replaced on 8/19/2019) (JM).
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Filing 16
NOTICE OF APPEAL as to #15 Order Dismissing Case by Plaintiff (JM)
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Filing 15
ORDER DISMISSING COMPLAINT AND COMPELLING ARBITRATION Signed by Senior Judge Joseph H. McKinley, Jr. on 8/14/2019 granting #12 Motion to Dismiss; granting #12 Motion to Compel. The complaint is DISMISSED with prejudice and STRICKEN from the active docket. cc: Counsel(JM)
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Filing 14
SUMMONS Returned Executed by Herman Andrew Gesenhues. Adecco Staffing served on 6/3/2019, answer due 6/24/2019. (JM)
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Filing 13
SUMMONS Returned Executed by Herman Andrew Gesenhues. Radial, Inc. served on 6/3/2019, answer due 6/24/2019. (JM)
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| Filing 12 MOTION to Dismiss Complaint, MOTION to Compel Arbitration by Defendant Radial, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit A- A. Crawford Declaration, #3 Exhibit B - SOS Record - Adecco USA, Inc., #4 Exhibit C - SOS Record - Radial, Inc., #5 Proposed Order) (Mayo, LaToi) |
| Filing 11 Summons Issued as to Adecco Staffing, Radial, Inc.. Summons have been issued and delivered to the USM for service. (JM) |
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Filing 10
ORDER by Judge Joseph H. McKinley, Jr on 5/22/2019: The Clerk of Court shall issue summons and effect service of process of the complaint #1 and this Order on Defendants by way of the U.S. Marshals Service. Case is referred to Magistrate Colin H. Lindsay for full pretrial/non-dispositive matters; The Clerk is DIRECTED to mail plaintiff a copy of the Pro Se Non-Prisoner Handbook. cc: Plaintiff (pro se) w/ handbook, Defendants (as directed), CHL (CM) (JM)
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| Filing 9 NOTICE OF FILING by Herman Andrew Gesenhues re #8 Order (JM) |
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Filing 8
ORDER by Judge Joseph H. McKinley, Jr on 5/20/2019: Within 30 days from the entry date of this Order, Plaintiff shall file his Right-to-Sue letter from the EEOC with the Court. cc: Plaintiff (pro se) (JM)
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Filing 7
ORDER (EBOC) Signed by Judge Joseph H. McKinley, Jr on 4/23/2019 granting #6 Motion for Leave to Proceed in forma pauperis. cc: Plaintiff (pro se) (JM)
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| Filing 6 MOTION for Leave to Proceed in forma pauperis by Plaintiff Herman Andrew Gesenhues (JM) |
| Filing 5 NOTICE OF FILING TENDERED SUMMONS by Herman Andrew Gesenhues (JM) |
| Filing 4 NOTICE OF FILING by Herman Andrew Gesenhues (Note: The two pages attached are the only pages received.) (JM) |
| Filing 3 NOTICE of Deficiency re #1 Complaint.Reason for Deficiency: Filing Fee not paid nor Motion to Proceed IFP filed, Summons for Defendants not filed. Failure to comply will be brought to the attention of the Court. Response due by 4/19/2019. (DJT) |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Joseph H. McKinley, Jr.. (DJT) |
| Filing 1 COMPLAINT against Adecco Staffing, Radial, Inc., filed by Herman Andrew Gesenhues. (DJT) |
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