Equal Employment Opportunity Commission v. American Screening L L C
| U S Equal Employment Opportunity Commission |
| American Screening L L C |
| 5:2022cv01673 |
| June 16, 2022 |
| US District Court for the Western District of Louisiana |
| Shreveport Office |
| Elizabeth E Foote |
| Mark L Hornsby |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Both |
Docket Report
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This docket was last retrieved on August 12, 2022. A more recent docket listing may be available from PACER.
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Filing 35
RULE 26(f) Report by U S Equal Employment Opportunity Commission and American Screening, L L C. (aty,Kingsley, Andrew) Modified to add filer on 8/12/2022 (Whitener, M).
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Filing 34
ORDER: Scheduling Conference set for 9/1/2022 10:30 AM in by phone before Magistrate Judge Mark L Hornsby. Rule 26 Conference between parties to take place before 8/18/2022. Initial Disclosures exchanged by 8/25/2022. Rule 26 Report due by 8/25/2022. Signed by Magistrate Judge Mark L Hornsby on 7/28/2022. (crt,Bunting, M)
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Filing 33
NOTICE of USCA Judgment/Mandate re USCA Writ of Mandamus filed by Petitioner United States Equal Employment Opportunity Commission that the petition for Writ of Mandamus is DENIED. (USCA #22-30443) (crt,WalkerSld, B)
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REMARK: USCA Writ of Mandamus filed by Petitioner United States Equal Employment Opportunity Commission in the 5th Circuit on 07/25/2022. (USCA #22-30443) (crt,WalkerSld, B)
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Filing 32
MEMORANDUM ORDER denying #28 Motion to Transfer Case or, in the Alternative, MOTION to Stay. The undersigned finds that the best exercise of the court's discretion in these circumstances is to deny the request to transfer the case back to the Eastern District. The reasons given by Judge Fallon were sound, and the EEOC has not pointed to any particular errors or mistakes in the decision that might warrant reconsideration or other form of review. The better course is to move forward toward a resolution of the merits of the dispute that arose in this district and division. The EEOC's alternative request for a stay is also denied, but the agency is free to pursue any procedurally appropriate avenue for further review of the transfer decision, and it does not need a stay to do so.The scheduling order Doc. #22 entered in the Eastern District is vacated. A scheduling conference will be held in this court in the near future, and a new scheduling order will issue. See Memorandum Order for details. Signed by Magistrate Judge Mark L Hornsby on 7/25/2022. (crt,Keller, J)
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Filing 31
REPLY to Response to Motion re #28 MOTION to Transfer Case or, in the Alternative MOTION to Stay filed by U S Equal Employment Opportunity Commission. (Attachments: #1 Exhibit A)(aty,Kingsley, Andrew)
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Filing 30
MEMORANDUM in Opposition re #28 MOTION to Transfer Case or, in the Alternative MOTION to Stay filed by American Screening L L C. (Attachments: #1 Authority (ED La.) - Order & Reasons - Home Furnishings case)(aty,Hilburn, Jennifer)
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Filing 29
NOTICE of Motion Setting regarding: #28 MOTION to Transfer Case or, in the Alternative MOTION to Stay . Motions referred to Magistrate Judge Mark L Hornsby. (crt,Thomas, T)
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Filing 28
MOTION to Transfer Case or, in the Alternative, MOTION to Stay (Motion Ripe Deadline set for 6/28/2022.) by U S Equal Employment Opportunity Commission. Motions referred to Mark L Hornsby. (Attachments: #1 Memorandum, #2 Proposed order)(aty,Kingsley, Andrew)
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Filing 27
ANSWER to #1 Complaint, with Jury Demand by American Screening L L C.(Attorney Jennifer Walls Hilburn added to party American Screening L L C(pty:dft))(aty,Hilburn, Jennifer)
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Filing 26
TRANSFER ORDER regarding admission status of counsel. Signed by Magistrate Judge Mark L Hornsby on 6/21/2022. (crt,Taylor, L)
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Filing 25
PROPOSED TRANSFER ORDER Referred to Magistrate Judge Mark L Hornsby. Motion Ripe Deadline set for 6/16/2022. (crt,Thomas, T)
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Filing 24
DISTRICT CASE transferred in from District of Louisiana Eastern; Case Number 2:21-cv-01978. Original file copy of transfer order and docket sheet received
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CASE Assigned to Judge Elizabeth E Foote and Magistrate Judge Mark L Hornsby. (crt,Thomas, T)
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Filing 23
ORDER AND REASONS granting in part and denying in part #7 Motion to Dismiss Case; The Motion to Dismiss is denied, but the alternative Motion to Transfer is granted. IT IS FURTHER ORDERED that this matter be TRANSFERRED to the United States District Court for the Western District of Louisiana. Signed by Judge Eldon E. Fallon on 6/14/2022. (lw) [Transferred from Louisiana Eastern on 6/16/2022.]
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Filing 22
SCHEDULING ORDER: Final Pretrial Conference set for 4/11/2023 01:30 PM before Judge Eldon E. Fallon. Telephone Status Conference set for 7/19/2022 01:30 PM before Judge Eldon E. Fallon. Jury Trial set for 4/24/2023 08:30 AM before Judge Eldon E. Fallon. All discovery must be completed by 3/13/2023. By Clerk. (Attachments: #1 Pretrial Notice Form)(lw) [Transferred from Louisiana Eastern on 6/16/2022.]
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Filing 21
Preliminary Conference: PRELIMINARY CONFERENCE NOTICE: A PRELIMINARY CONFERENCE will be held BY TELEPHONE on WEDNESDAY, JUNE 1, 2022, at 11:00AM before case manager for the purpose of scheduling a pre-trial conference and trial on the merits and for a discussion of the status and discovery cut-off dates. By Clerk.(lw) [Transferred from Louisiana Eastern on 6/16/2022.]
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Filing 20
Order Vacating Case Referral to Magistrate Judge. IT IS ORDERED that the referral to the Magistrate Judge of the #7 Motion to Dismiss is VACATED. The above-captioned matter is no longer referred to the Magistrate Judge. Signed by Judge Eldon E. Fallon on 4/4/2022.(cwa) [Transferred from Louisiana Eastern on 6/16/2022.]
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Filing 19
REPLY to Response to Motion filed by American Screening, LLC re #7 MOTION to Dismiss Case for Improper Venue MOTION to Transfer Case Interest of Justice/Convenience. (cwa) [Transferred from Louisiana Eastern on 6/16/2022.]
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Filing 18
ORDER granting #17 Motion for Leave to File Reply Memorandum. Signed by Judge Eldon E. Fallon on 3/2/2022. (cwa) [Transferred from Louisiana Eastern on 6/16/2022.]
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Filing 17
EXPARTE/CONSENT MOTION for Leave to File Reply to EEOC Opposition to American Screening Motion to Dismiss for Improper Venue, R. Doc. 7 by American Screening, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading and Exhibit)(Hilburn, Cary) Modified text on 3/2/2022 (cwa). [Transferred from Louisiana Eastern on 6/16/2022.]
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Filing 16
RESPONSE/MEMORANDUM in Opposition filed by U.S. Equal Employment Opportunity Commission re #7 MOTION to Dismiss Case for Improper Venue MOTION to Transfer Case Interest of Justice/Convenience. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(cwa) Modified text on 2/23/2022 (cwa). [Transferred from Louisiana Eastern on 6/16/2022.]
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Filing 15
ORDER granting #12 Motion for Leave to File Excess Pages. Signed by Judge Eldon E. Fallon on 2/23/2022. (cwa) [Transferred from Louisiana Eastern on 6/16/2022.]
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Filing 14
ORDER re Notice of Non Consent to Proceed Before a Magistrate Judge. The matter is hereby returned to the docket of the District Judge for the scheduling of a preliminary conference and the selection of discovery cut-off, pre-trial conference, and trial dates.Signed by Magistrate Judge Janis van Meerveld on 2/22/2022.(my)(NEF:District Judge) [Transferred from Louisiana Eastern on 6/16/2022.]
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Filing 13
Correction of Docket Entry by Clerk re #12 MOTION for Leave to File Excess Pages re Opposition, R. Doc. 7. Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the magistrate judge. Clerk took corrective action. (cwa) [Transferred from Louisiana Eastern on 6/16/2022.]
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Filing 12
EXPARTE/CONSENT MOTION for Leave to File Excess Pages re Opposition, R. Doc. 7 by U.S. Equal Employment Opportunity Commission. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U)(Kingsley, Andrew) Modified text/added referral on 2/18/2022 (cwa). [Transferred from Louisiana Eastern on 6/16/2022.]
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Filing 11
ORDER granting #10 Motion to Withdraw as Attorney. Signed by Magistrate Judge Janis van Meerveld on 1/26/2022. (caa) [Transferred from Louisiana Eastern on 6/16/2022.]
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Filing 10
EXPARTE/CONSENT MOTION to Withdraw Jennifer W. Hilburn as Attorney by American Screening, LLC. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Order)(Hilburn, Cary) [Transferred from Louisiana Eastern on 6/16/2022.]
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Filing 9
Correction of Docket Entry by Clerk re #8 Statement of Corporate Disclosure, #7 MOTION to Dismiss Case for Improper Venue MOTION to Transfer Case Interest of Justice/Convenience. **Documents list counsel J. David Shepherd and Jennifer W. Hillburn for the defendant in this action who have not been admitted to practice in this court. Any party not appearing in proper person must be represented by a member of the bar of this court (L.R. 83.2.4). Please see Local Rule 83.2.2 for this courts Procedures for Admission. ** (my) [Transferred from Louisiana Eastern on 6/16/2022.]
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Filing 8
Statement of Corporate Disclosure by American Screening, LLC (Hilburn, Cary) [Transferred from Louisiana Eastern on 6/16/2022.]
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Filing 7
MOTION to Dismiss Case for Improper Venue, MOTION to Transfer Case Interest of Justice/Convenience by American Screening, LLC. Motion(s) will be submitted on 3/2/2022. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order, #6 Notice of Submission)Attorney Cary A Hilburn added to party American Screening, LLC(pty:dft).(Hilburn, Cary) Modified on 1/11/2022 to add referral to Magistrate Judge(ajn). [Transferred from Louisiana Eastern on 6/16/2022.]
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Filing 6
WAIVER OF SERVICE Returned Executed; waiver sent to American Screening, LLC on 11/10/2021, answer due 1/10/2022. (Kingsley, Andrew) [Transferred from Louisiana Eastern on 6/16/2022.]
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Filing 4
Correction of Docket Entry by Clerk re #1 Complaint. Filing attorney did not properly format the pdf of Civil Cover Sheet. The pdf should not have the pink header nor the 3 red buttons at the bottom. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk has taken corrective action. (cwa) [Transferred from Louisiana Eastern on 6/16/2022.]
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Filing 3
Summons Issued as to American Screening, LLC. (cwa) [Transferred from Louisiana Eastern on 6/16/2022.]
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Filing 2
Initial Case Assignment to Judge Eldon E. Fallon and Magistrate Judge Janis van Meerveld. (ess) [Transferred from Louisiana Eastern on 6/16/2022.]
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Filing 1
COMPLAINT with jury demand against American Screening, LLC (Filed on behalf of USA - Filing Fee not required) filed by U.S. Equal Employment Opportunity Commission. (Attachments: #1 Civil Cover Sheet, #2 Summons)Attorney Andrew Burke Kingsley added to party U.S. Equal Employment Opportunity Commission(pty:pla).(Kingsley, Andrew) (Attachment 1 replaced on 10/28/2021) (cwa). [Transferred from Louisiana Eastern on 6/16/2022.]
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