Perry v. Norton Hospitals, Inc.
Plaintiff: Jerry Perry
Defendant: Norton Hospitals, Inc.
Case Number: 3:2021cv00192
Filed: March 24, 2021
Court: US District Court for the Western District of Kentucky
Presiding Judge: Benjamin Beaton
Referring Judge: Rebecca Grady Jennings
2 Judge: Lanny King
Nature of Suit: Civil Rights: Americans with Disabilities - Employment
Cause of Action: 42 U.S.C. § 12101 Americans with Disabilities Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 19, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 19, 2023 Opinion or Order Filing 37 Proposed Agreed Order To Extend Deadline by Norton Hospitals, Inc.. (Ellis, Rudy)
August 3, 2023 Opinion or Order Filing 35 ORDER signed by Judge Rebecca Grady Jennings on 8/3/2023. The Court, having been advised by the Magistrate Judge that settlement has been reached in principal on all matters in this case, ORDERS that this action is DISMISSED WITHOUT PREJUDICE and STRICKEN from the ACTIVE DOCKET. All dates and deadlines are remanded. The parties shall tender an agreed order dismissing this case with prejudice within forty-five (45) days of entry of this Order. cc: Counsel (SMJ)
April 10, 2023 Opinion or Order Filing 34 SCHEDULING ORDER signed by Judge Rebecca Grady Jennings on 4/10/2023. Pretrial Conference set for 8/22/2023 at 2:00 PM in Louisville Courtroom before Judge Rebecca Grady Jennings. Jury Trial set for 9/25/2023 at 9:30 AM in Louisville Courtroom before Judge Rebecca Grady Jennings. Pursuant to 28 U.S.C. 636(b) (1)(A), this matter is REFERRED to the Honorable Lanny King, United States Magistrate Judge, for purposes of conducting any settlement conferences. cc: Counsel, LLK-CM, Jury Admin. (SMJ)
March 31, 2023 Opinion or Order Filing 33 MEMORANDUM OPINION AND ORDER Signed by Judge Rebecca Grady Jennings on 3/31/2023 denying #22 Norton's Motion for Summary Judgment. The Court will enter a separate pretrial scheduling order. cc: Counsel (SMJ)
January 31, 2023 Opinion or Order Filing 32 REPLY to Response to Motion re #22 MOTION for Summary Judgment filed by Norton Hospitals, Inc.. (Klimkina, Alina)
January 17, 2023 Opinion or Order Filing 31 RESPONSE to Motion re #22 MOTION for Summary Judgment filed by Jerry Perry. (Attachments: #1 Exhibit Perry Depo Excerpts, #2 Exhibit Yadon Depo Excertps, #3 Exhibit Text Messages, #4 Exhibit Perry Work From Home, #5 Exhibit Def Resp to Disc, #6 Exhibit Def Resp to Supp Disc, #7 Exhibit Dr. Kim Letter, #8 Exhibit Pltf Resp to Disc, #9 Exhibit Pltf Med Records, #10 Exhibit Martin Declaration, #11 Exhibit Wehder Declaration, #12 Exhibit Comparator List, #13 Exhibit Barber Declaration) (Ferguson, Taylor)
December 19, 2022 Opinion or Order Filing 30 TEXT ORDER by Magistrate Judge Lanny King on 12/19/2022. A Telephonic Status Conference was held on 12/19/2022. Counsel for the parties were in attendance on this call. IT IS HEREBY ORDERED that the deadlines are established as follows: Plaintiff shall file a response to the pending motion for summary judgment DN #22 by 01/17/2023 and the Defendant shall file a reply, if necessary, by 01/31/2023. The parties are to jointly contact the Court following resolution of pending deadlines. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(P:0/06) (cc:counsel) (MHB)
December 8, 2022 Opinion or Order Filing 29 TEXT ORDER by Magistrate Judge Lanny King on 12/08/2022. A Telephonic Status Conference is scheduled for 12/19/2022 at 3:30 p.m. Eastern Time before Magistrate Judge Lanny King. Counsel for the parties shall connect to this call by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(cc: counsel) (MHB)
November 15, 2022 Opinion or Order Filing 28 ORDER Signed by Magistrate Judge Lanny King on 11/15/2022 granting in part and denying in part #25 Motion to Compel. cc: Counsel (DLW)
September 20, 2022 Opinion or Order Filing 27 REPLY to Response to Motion re #25 Proposed MOTION to Compel Discovery filed by Jerry Perry. (Attachments: #1 Exhibit, #2 Exhibit) (Ferguson, Taylor)
September 16, 2022 Opinion or Order Filing 26 RESPONSE to Motion re #25 Proposed MOTION to Compel Discovery filed by Norton Hospitals, Inc.. (Attachments: #1 Exhibit 1 - 10-13-22 E-Mails between Ellis and Dannelly, #2 Exhibit 2 - E-Mails between Counsel regarding supplemental document production, #3 Exhibit 3 - Deposition Excerpts from Nicole Yadon Deposition, #4 Proposed Order) (Klimkina, Alina)
September 2, 2022 Opinion or Order Filing 25 Proposed MOTION to Compel Discovery by Plaintiff Jerry Perry (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Proposed Order) (Ferguson, Taylor)
August 30, 2022 Opinion or Order Filing 24 TEXT ORDER by Magistrate Judge Lanny King on 8/22/2022. A telephonic status conference was held on 8/22/2022. Counsel for the parties were in attendance on this call. The deadlines for the Motion for Summary Judgment, Docket #22, are SUSPENDED. The Motion to Compel shall be filed by 9/2/2022. Response due by 9/16/2022. Reply Brief due by 9/21/2022. The Parties are to meet and confer with each other immediately. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (P:0/22)(cc: counsel) (MHB)
August 15, 2022 Opinion or Order Filing 23 TEXT ORDER by Magistrate Judge Lanny King on 08/15/2022. At request of Plaintiff's counsel, a Telephonic Status Conference is scheduled for 8/22/2022 at 2:00 p.m. Eastern Time (1:00 p.m. Central Time) before Magistrate Judge Lanny King. Counsel for the parties shall connect to this call by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (cc: counsel) (MHB)
August 5, 2022 Opinion or Order Filing 22 MOTION for Summary Judgment by Defendant Norton Hospitals, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - EEO Policy, #3 Exhibit 2 - ADA Policy, #4 Exhibit 3 - Perry Depo Excerpts, #5 Exhibit 4 - RN Job Description, #6 Exhibit 5 - Executive Order, #7 Exhibit 6 - Yadon Depo Excerpts, #8 Exhibit 7 - Text Messages, #9 Exhibit 8 - 7/22 Request for Accom., #10 Exhibit 9 - 7/23 Request for Accom., #11 Exhibit 10 - 7/29 Letter, #12 Exhibit 11 - 7/30 Letter, #13 Exhibit 12 - 8/3 Letter Callen to Yadon, #14 Exhibit 13 - 8/3 Letter Kim to Yadon, #15 Exhibit 14 - 8/6 Letter, #16 Exhibit 15 - 8/7 Letter, #17 Exhibit 16 - 8/10 Letter, #18 Exhibit 17 - EEOC Charge, #19 Proposed Order) (Ellis, Rudy)
July 7, 2022 Opinion or Order Filing 21 NOTICE of Appearance by Taylor J. Ferguson on behalf of Jerry Perry (Ferguson, Taylor)
July 1, 2022 Opinion or Order Filing 20 TEXT ORDER REASSIGNING CASE pursuant to GO 2022-08. Case reassigned to Judge Rebecca Grady Jennings for all further proceedings. Judge Beaton no longer assigned to case. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (JM)
April 28, 2022 Opinion or Order Filing 19 AGREED ORDER Signed by Magistrate Judge Lanny King on 4/28/2022 granting #18 Motion for Extension of Time. Dispositive/Daubert Motions now due by 8/5/2022. cc: Counsel (JM)
April 27, 2022 Opinion or Order Filing 18 Joint MOTION for Extension of Time to File DISPOSITIVE AND EXPERT MOTIONS by Defendant Norton Hospitals, Inc. (Attachments: #1 Proposed Order AGREED ORDER TO EXTEND DEADLINES) (Ellis, Rudy)
January 12, 2022 Opinion or Order Filing 17 TEXT ORDER by Magistrate Judge Lanny King on 01/10/2022. A telephonic status conference was held on 01/10/2022. IT IS HEREBY ORDERED that the parties are to contact the Court for a status conference, if necessary, following the Court's ruling on dispositive motions. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(P:0/10) (cc: counsel) (MHB)
November 30, 2021 Opinion or Order Filing 16 ORDER Signed by Magistrate Judge Lanny King on 11/30/2021 granting #15 Motion for Attorney Lauren E. Berger to Appear Pro Hac Vice. cc: Counsel (SMJ)
November 29, 2021 Opinion or Order Filing 15 MOTION for Lauren E. Berger to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3478718. by Plaintiff Jerry Perry (Attachments: #1 Affidavit Exhibit A - Affidavit of Lauren E. Berger, #2 Exhibit B - Certificate of Good Standing, #3 Proposed Order) (Dutkanych, Andrew)
November 16, 2021 Opinion or Order Filing 14 TEXT ORDER by Magistrate Judge Lanny King on 11/15/2021. The Telephonic Status Conference was held on 11/15/2021. Counsel for all parties were in attendance. IT IS HEREBY ORDERED that a Telephonic Status Conference is scheduled for 01/10/2022 at 4:00 p.m. Eastern Time before Magistrate Judge Lanny King. Counsel for the parties shall connect to the call by dialing the Toll-Free Meeting Number 1-877-848-7030 and entering Access Code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(P:0/06) (cc: counsel) (MHB)
September 23, 2021 Opinion or Order Filing 13 TEXT ORDER by Magistrate Judge Lanny King on 9/20/2021. A Telephonic Status Conference was held on 09/20/2021, with counsel for all parties in attendance. A Telephonic Status Conference is scheduled for 11/15/2021 at 2:30 p.m. Eastern Time before Magistrate Judge Lanny King. Counsel for the parties shall connect to the call by dialing the Toll-Free Meeting Number 1-877-848-7030 and entering Access Code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (P:0/04) (cc: counsel) (MHB)
June 11, 2021 Opinion or Order Filing 12 SCHEDULING ORDER for proceedings held before Magistrate Judge Lanny King: Telephonic Scheduling Conference held on 6/7/2021. Rule 26(a)(1) Disclosure due by 6/21/2021. Amended Pleadings/Joinder of Parties due by 7/2/2021. Fact Discovery due by 2/1/2022. Expert Witness (Plaintiff) due by 2/1/2022. Expert Witness (Defendant) due by 3/1/2022. Expert Discovery due by 4/1/2022. Telephonic Status Conference set for 9/20/2021 at 11:30 AM before Magistrate Judge Lanny King. Counsel for the parties may connect to the telephonic status conference by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. Dispositive/Daubert Motions due by 5/2/2022. cc: Counsel, Jury Admin. (SMJ)
April 29, 2021 Opinion or Order Filing 11 NOTICE of Appearance by Devan A. Dannelly on behalf of Jerry Perry (Dannelly, Devan)
April 26, 2021 Opinion or Order Filing 10 ORDER FOR MEETING AND REPORT (EBOC) by Judge Beaton on 6/26/2021; Telephonic Rule 16 Case Management Conference set for 6/7/2021 at 4:00 PM before Magistrate Judge Lanny King. Counsel for the parties shall connect to the Telephonic Conference by dialing the toll-free number 1-888-848-7030 and entering access code 7238577#. cc: counsel (JM)
April 23, 2021 Opinion or Order Filing 9 Corporate Disclosure Statement by Norton Hospitals, Inc.. (Ellis, Rudy)
April 23, 2021 Opinion or Order Filing 8 ANSWER to #1 Complaint by Norton Hospitals, Inc.. (Ellis, Rudy)
April 8, 2021 Opinion or Order Filing 7 NOTICE of Appearance by Donna King Perry on behalf of Norton Hospitals, Inc. (Perry, Donna)
April 8, 2021 Opinion or Order Filing 6 NOTICE of Appearance by Alina Klimkina on behalf of Norton Hospitals, Inc. (Klimkina, Alina)
April 6, 2021 Opinion or Order Filing 5 SUMMONS Returned Executed by Jerry Perry. Norton Hospitals, Inc. served on 4/2/2021, answer due 4/23/2021. (Dutkanych, Andrew)
March 29, 2021 Opinion or Order Filing 4 TEXT ORDER: Under 28 U.S.C. 636(b)(1)(A), the Court REFERS this matter to U.S. Magistrate Judge Lanny King for hearing and determining all pretrial matters, including non-dispositive motions. Judge King may conduct a settlement conference in this matter at any time This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM)
March 25, 2021 Opinion or Order Filing 3 Summons Issued as to Norton Hospitals, Inc. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (MNM)
March 25, 2021 Opinion or Order Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Benjamin Beaton. (MNM)
March 24, 2021 Opinion or Order Filing 1 COMPLAINT against Norton Hospitals, Inc. Filing fee $402, receipt number 0644-3311644, filed by Jerry Perry. (Attachments: #1 Cover Sheet, #2 Summons Tendered) (MNM)

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Defendant: Norton Hospitals, Inc.
Represented By: Rudy J. Ellis, III
Represented By: Donna King Perry
Represented By: Alina Klimkina
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Plaintiff: Jerry Perry
Represented By: Andrew Dutkanych, III
Represented By: Devan A. Dannelly
Represented By: Lauren E. Berger
Represented By: Taylor J. Ferguson
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