Grays v. Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security
| Mikal Williams, Johnny Grays and Jermaine O. Broderick, Sr. |
| Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security |
| 3:2021cv10526 |
| March 9, 2021 |
| US District Court for the Eastern District of Michigan |
| Kimberly G Altman |
| Robert H Cleland |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 16, 2023. A more recent docket listing may be available from PACER.
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Filing 45
NOTICE OF IN PERSON HEARING on #44 MOTION for Summary Judgment . Motion Hearing set for 8/17/2022 02:00 PM before District Judge Robert H. Cleland (LWag)
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Filing 44
MOTION for Summary Judgment by Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Grays Dep., #3 Exhibit 2 - Fox Dep., #4 Exhibit 3 - Lasky Dep., #5 Exhibit 4 - Beaudry Dep., #6 Exhibit 5 - Dumanois OPR Tr., #7 Exhibit 6 - Grays OPR Tr., #8 Exhibit 7 - Collective Bargaining Agreement, #9 Exhibit 8 - 4/7/20 Email, #10 Exhibit 9 - Moore Dep., #11 Exhibit 10 - Blanton OPR Tr., #12 Exhibit 11 - Beaudry OPR Tr., #13 Exhibit 12 - Little Dep., #14 Exhibit 13 - Suratt Dep., #15 Exhibit 14 - Nexus Letter for Firearms Removal, #16 Exhibit 15 - CBP Use of Force Policy, Guidelines and Procedures Handbook, #17 Exhibit 16 - 4/10/20 Email, #18 Exhibit 17 - OPR Report of Investigation, #19 Exhibit 18 - Moore OPR Tr., #20 Exhibit 19 - June 2004 Table of Offenses and Penalties, #21 Exhibit 20 - 2/9/21 Email, #22 Exhibit 21 - 2/13/21 Memo, #23 Exhibit 22 - 2/17/21 Email, #24 Exhibit 23 - 2/18/21 Email, #25 Exhibit 24 - February 2021 Travel Itinerary, #26 Exhibit 25 - 2/23/21 Email Chain, #27 Exhibit 26 - 2/23/21 Email, #28 Exhibit 27 - 6/28/21 Memo, #29 Exhibit 28 - 2/24/21 Email, #30 Exhibit 29 - 3/1/21 Email, #31 Exhibit 30 - 3/4/21 Memo, #32 Exhibit 31 - Everett Dep., #33 Exhibit 32 - Mahany Dep., #34 Exhibit 33 - December 2020 Table of Offenses and Penalties, #35 Exhibit 34 - Calhoun Dep., #36 Exhibit 35 - Proposal Letter, #37 Exhibit 36 - Grays Written Reply, #38 Exhibit 37 - Decision Letter, #39 Exhibit 38 - 7/19/21 Email, #40 Exhibit 39 - Taylor Letter of Reprimand, #41 Exhibit 40 - 7/4/20 Email, #42 Exhibit 41 - Taylor JIC Report, #43 Exhibit 42 - Taylor Factfinder Report, #44 Exhibit 43 - Broderick Dep., #45 Exhibit 44 - Plaintiff's Response to Interrogatory No. 1, #46 Exhibit 45 - 4/8/20 Email, #47 Exhibit 46 - 7/8/20 EEO Complaint, #48 Exhibit 47 - 1/11/21 EEO Counselor's Report, #49 Exhibit 48 - 1/13/21 EEO Complaint, #50 Exhibit 49 - 8/25/21 Emails, #51 Exhibit 50 - 12/6/21 EEO Complaint, #52 Exhibit 51 - AWOL Removal Letter, #53 Exhibit 52 - AWOL Proposal Letter, #54 Exhibit 53 - March 2020 Muster, #55 Exhibit 54 - Example OPR Reports) (Parling, Brittany)
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Filing 43
STIPULATED ORDER for Extension of Dates, ( Dispositive Motion Cut-off set for 6/20/2022, Trial Documents due by 9/19/2022, Final Pretrial Conference set for 9/26/2022 02:00 PM before District Judge Robert H. Cleland, Jury Trial set for 10/11/2022 09:00 AM before District Judge Robert H. Cleland) Signed by District Judge Robert H. Cleland. (LWag)
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Filing 42
Second Amended Final WITNESS LIST by All Defendants (Anchill, Benjamin)
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Minute Entry for virtual proceedings before Magistrate Judge Kimberly G. Altman: Settlement Conference held on 4/19/2022 Disposition: No settlement reached. Parties to exchange additional information and may ask to reconvene at a later date. (Court Reporter: None Present, Not on the Record) (KCas)
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Filing 41
STIPULATED ORDER MODIFYING SCHEDULING ORDER, ( Discovery due by 4/20/2022, Dispositive Motion Cut-off set for 5/20/2022) (SEE ORDER FOR DETAILS0 Signed by District Judge Robert H. Cleland. (LWag)
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Filing 40
Defendant's Amended Final WITNESS LIST by Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security (Anchill, Benjamin)
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Filing 39
STIPULATED ORDER Modifying Scheduling Order, ( Discovery due by 3/30/2022, Dispositive Motion Cut-off set for 4/29/2022, Final Pretrial Conference set for 8/8/2022 02:00 PM before District Judge Robert H. Cleland, Jury Trial set for 8/22/2022 09:00 AM before District Judge Robert H. Cleland) Signed by District Judge Robert H. Cleland. (LWag)
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Filing 38
Defendant's WITNESS LIST by Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security (Parling, Brittany)
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Filing 37
Plaintiff's WITNESS LIST by Johnny Grays (Gordon, Deborah)
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Filing 36
NOTICE TO APPEAR BY VIDEO CONFERENCE: Settlement Conference set for 4/19/2022 at 10:00 AM before Magistrate Judge Kimberly G. Altman - ***PLEASE SEE NOTICE FOR ADDITIONAL IMPORTANT INFORMATION*** (CCie)
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Filing 35
OPINION AND ORDER granting #30 Plaintiff's Motion to Compel. Signed by District Judge Robert H. Cleland. (LWag)
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Minute Entry for telephonic proceedings before Magistrate Judge Kimberly G. Altman: Telephonic Status Conference held on 2/8/2022 - (Court Reporter: None Present, Not on the Record) (CCie)
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Filing 34
NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 2/8/2022 at 11:00 AM before Magistrate Judge Kimberly G. Altman ***PLEASE SEE NOTICE FOR ADDITIONAL IMPORTANT INFORMATION*** (CCie)
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Filing 33
STIPULATED ORDER EXTENDING time to file a reply as to #30 MOTION to Compel Defendant's Responses to his First Set of Discovery :( Reply due by 12/29/2021) Signed by District Judge Robert H. Cleland. (LWag)
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Filing 32
REPLY to Response re #30 MOTION to Compel Defendant's Responses to his First Set of Discovery filed by Johnny Grays. (Attachments: #1 Exhibit N - Def bates and Beaudry Dep Excerpts, #2 Exhibit O - Def bates, #3 Exhibit P - Beaudry Dep Excerpts) (Gordon, Deborah)
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Filing 31
RESPONSE to #30 MOTION to Compel Defendant's Responses to his First Set of Discovery filed by Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security. (Attachments: #1 Exhibit 1 - Grays Suspension Letter) (Parling, Brittany)
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Filing 30
MOTION to Compel Defendant's Responses to his First Set of Discovery by Johnny Grays. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Moore OPR Transcript, #3 Exhibit B - Moore Deposition Transcript, #4 Exhibit C - JIC Policy Memo, #5 Exhibit D - Grays EEO Complaints, #6 Exhibit E - OPR Investigation, #7 Exhibit F - Proposed Suspension, #8 Exhibit G - Defendants Responses to Plaintiffs First Discovery, #9 Exhibit H - FOIA Documents, #10 Exhibit I - Correspondence Regarding Discovery, #11 Exhibit J - Order in Maisano v. Sterling Heights Dodge Inc. et. al., #12 Exhibit K - CBP Standards of Conduct, #13 Exhibit L - Peck documents, #14 Exhibit M - Beaudry OPR Transcript) (Gordon, Deborah)
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Filing 29
ORDER denying without prejudice #26 Plaintiff's Motion to Compel Responses. Signed by District Judge Robert H. Cleland. (LWag)
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Filing 28
PRELIMINARY WITNESS LIST by All Defendants (Anchill, Benjamin)
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Filing 27
Preliminary Witness List WITNESS LIST by Johnny Grays (Taylor, Elizabeth)
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Filing 26
MOTION to Compel Defendant's Responses to his First Set of Discovery by Johnny Grays. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Moore OPR Transcript, #3 Exhibit B - Moore Deposition Transcript, #4 Exhibit C - JIC Policy Memo, #5 Exhibit D - Grays EEO Complaints, #6 Exhibit E - OPR Investigation, #7 Exhibit F - Proposed Suspension, #8 Exhibit G - Defendants Responses to Plaintiffs First Discovery, #9 Exhibit H - FOIA Documents, #10 Exhibit I - Correspondence Regarding Discovery, #11 Exhibit J - Order in Maisano v. Sterling Heights Dodge Inc. et. al., #12 Exhibit K - CBP Standards of Conduct, #13 Exhibit L - Peck documents) (Gordon, Deborah)
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Filing 25
ORDER REFERRING OTHER MATTERS to Magistrate Judge Altman : Settlement Conference. Signed by District Judge Robert H. Cleland. (LWag)
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Filing 24
SCHEDULING ORDER: Discovery due by 2/28/2022 Dispositive Motion Cut-off set for 3/30/2022 Final Pretrial Conference set for 7/5/2022 02:00 PM before District Judge Robert H. Cleland Jury Trial set for 7/18/2022 09:00 AM before District Judge Robert H. Cleland Signed by District Judge Robert H. Cleland. (Refer to image for additional dates) (LWag)
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Filing 23
STIPULATED ORDER Regarding Inadvertent Production of Privileged Information Signed by District Judge Robert H. Cleland. (LWag)
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Filing 22
STIPULATED PROTECTIVE ORDER Signed by District Judge Robert H. Cleland. (LWag)
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Filing 21
DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Gordon, Deborah)
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Filing 20
STIPULATION AND ORDER Extending the August 20, 2021 Deadline for Plaintiffs Williams and Broderick to file an Amended Complaint and Amending the Case Caption Signed by District Judge Robert H. Cleland. (LWag)
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Minute Entry for proceedings before District Judge Robert H. Cleland: Telephonic Status Conference held on 8/19/2021 Disposition: Plaintiff to submit stipulation and order regarding administrative process and reserving ability to sue in a later lawsuit (LWag)
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Filing 19
NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 8/19/2021 01:30 PM before District Judge Robert H. Cleland (LWag)
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Filing 18
ANSWER to Complaint with Affirmative Defenses by Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security. (Parling, Brittany)
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Filing 17
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART Defendant's #12 Motion to Dismiss and setting deadline of August 20, 2021 for Plaintiffs to file any amended complaint alleging Title VII retaliation claims on behalf of Plaintiffs Broderick and Williams.. Signed by District Judge Robert H. Cleland. (LWag)
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TEXT-ONLY NOTICE: Motion Hearing on 7/14/21 is Cancelled re #12 MOTION to Dismiss (LWag)
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Filing 16
REPLY to Response re #12 MOTION to Dismiss filed by Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security. (Attachments: #1 Exhibit 5 - 4/8/20 Informal EEO Complaint) (Anchill, Benjamin)
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TEXT-ONLY ORDER GRANTING #14 Ex Parte MOTION for Leave to File Excess Pages filed by Jermaine O. Broderick, Sr., Mikal Williams, Johnny Grays. Signed by District Judge Robert H. Cleland. (LWag)
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Filing 15
RESPONSE to #12 MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) filed by Jermaine O. Broderick, Sr., Johnny Grays, Mikal Williams. (Attachments: #1 Exhibit A - correspondence 5-21-21) (Gordon, Deborah)
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Filing 14
Ex Parte MOTION for Leave to File Excess Pages by All Plaintiffs. (Gordon, Deborah)
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Filing 13
NOTICE OF HEARING BY VIDEO CONFERENCE on #12 MOTION to Dismiss . Motion Hearing set for 7/14/2021 02:00 PM before District Judge Robert H. Cleland |Zoom Webinar Information: ZOOM INFORMATION TO BE SENT AT A LATER TIME| (LWag)
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Filing 12
MOTION to Dismiss by Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Grays Formal EEO, #3 Exhibit 2 - Williams Formal EEO, #4 Exhibit 3 - Broderick Formal EEO, #5 Exhibit 4 - Article) (Anchill, Benjamin)
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Filing 11
NOTICE of Appearance by Brittany D. Parling on behalf of Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security. (Parling, Brittany)
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Filing 10
NOTICE of Appearance by Benjamin A. Anchill on behalf of Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security. (Anchill, Benjamin)
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Filing 9
CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security served on 4/26/2021, answer due 6/25/2021. (Gordon, Deborah)
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Filing 8
CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of. (Gordon, Deborah)
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Filing 7
CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of. (Gordon, Deborah)
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Filing 6
CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security served on 4/19/2021, answer due 6/18/2021. (Gordon, Deborah)
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Filing 5
CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security served on 3/12/2021, answer due 5/11/2021. (Gordon, Deborah)
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Filing 4
ATTORNEY APPEARANCE: Elizabeth Ann Marzotto Taylor appearing on behalf of All Plaintiffs (Taylor, Elizabeth)
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Filing 3
SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (NAhm)
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Filing 2
SUMMONS Issued for *Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security* (NAhm)
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Filing 1
COMPLAINT AND JURY DEMAND filed by All Plaintiffs against Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-8380134 - Fee: $ 402. County of 1st Plaintiff: Sanilac - County Where Action Arose: St. Clair - County of 1st Defendant: St. Clair. [Previously dismissed case: No] [Possible companion case(s): None] (Gordon, Deborah)
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A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (NAhm)
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