Woods v. Progressive Insurance Co.
| Woods and Mary Woods |
| Progressive Insurance Co. |
| Facilitative Mediator |
| 1:2017cv00281 |
| March 29, 2017 |
| US District Court for the Western District of Michigan |
| Southern Division (1) Office |
| Kalamazoo |
| Ellen S Carmody |
| Janet T Neff |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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Filing 65
ORDER of USCA (certified copy) re appeal #63 In accordance with Rule 33, Rules of the Sixth Circuit, and upon consideration of the parties' stipulation to dismiss, It is ORDERED that the case is dismissed pursuant to 42(b), Federal Rules of Appellate Procedure. ; no mandate to issue (jlb)
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| Filing 64 LETTER FROM CCA regarding appeal #63 indicating appeal has been docketed as USCA case number 18-2301 (ems) |
| CASE NUMBER 18-2301 assigned by the Sixth Circuit to appeal #63 (mkc) |
| Filing 63 NOTICE OF APPEAL re #62 , #61 by plaintiff Mary Woods (Piper, William) |
| APPEAL FEE PAID re #63 by plaintiff Mary Woods in the amount of $505, receipt number 0646-4284996 (Piper, William) |
| Filing 62 JUDGMENT in favor of Defendant and against Plaintiff; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb) |
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Filing 61
OPINION AND ORDER granting #60 motion to clarify; granting #54 motion for summary judgment; Judgment to issue; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb)
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| Filing 60 JOINT MOTION to clarify and Correct Joint Statement of Material Facts by defendant Progressive Insurance Co.; (Posner, David) |
| Filing 59 CORRECTED EXHIBIT 4 re #57 (refiled) by defendant Progressive Insurance Co. (Posner, David) Modified text on 5/30/2018 (ems). |
| Filing 58 JOINT EXHIBIT LIST re #54 by defendant Progressive Insurance Co. (Attachments: #1 Joint Exhibit A- Cited Pages from Deposition of Mary Woods, #2 Joint Exhibit B- Cited Pages from Deposition of Terrance Dudzenski, Jr., #3 Joint Exhibit C- Cited Pages from Deposition of Robert D. Thompson, #4 Joint Exhibit D- Cited Pages from Deposition of Steven Gose, #5 Joint Exhibit E- Samay Rehfeldt, #6 Joint Exhibit F- Cited Pages from Deposition of Michael Nowlin, #7 Joint Exhibit G- Cited Pages from Deposition of Morris N. Cooper, #8 Joint Exhibit H- Senior Multiline Representative Job Description, #9 Joint Exhibit I- Excerpts from The Progressive Way, #10 Joint Exhibit J- Jan. 4, 2012 FMLA Summary for Mary Woods, #11 Joint Exhibit K- Nov. 4, 2012 FMLA Summary for Mary Woods, #12 Joint Exhibit L- July 6, 2014 FMLA Summary for Mary Woods, #13 Joint Exhibit M- Aug. 12, 2015 Physician Letter Regarding Mary Woods, #14 Joint Exhibit N- Nov. 4, 2013 Email from Samay Rehfeldt to Mary Woods, #15 Joint Exhibit O- June 24, 2015 Progressive Letter to Mary Woods, #16 Joint Exhibit P- Aug. 29, 2016 Charge of Discrimination, #17 Joint Exhibit Q- EEOC Intake Questionnaire, #18 Joint Exhibit R- Progressive's Response to mary Woods' 2016 EEOC Charge, #19 Joint Exhibit S- Recorded Interview of Steven Gose by Terry Dudzenski, #20 Joint Exhibit T- Recorded Interview of Mary Woods by Terry Dudzenski, #21 Joint Exhibit U- Recorded Interview of Robert Thomspon by Terry Dudzenski, #22 Joint Exhibit V- Affidavit of Asher Ehart, #23 Joint Exhibit W- Documents from Corporate Investigations Department File, #24 Joint Exhibit X- Bankruptcy Docket, Case No. 12-07901-swd, #25 Joint Exhibit Y- Defendant's Pre-Motion Conference Request) (Posner, David) Modified text on 5/30/2018 (ems). |
| Filing 57 REPLY to response to motion #54 filed by Progressive Insurance Co. (Attachments: #1 Exhibit 4 - May 22, 2018 Declaration of Terrance Dudzenski, #2 Exhibit 5 - May 22, 2018 Declaration of Deborah Young, #3 Exhibit 6 - Declaration of Penny Phipps, #4 Exhibit 7 - Declaration of Kathryn Bludis) (Posner, David) |
| Filing 56 RESPONSE in opposition to MOTION for summary judgment #54 filed by Mary Woods (Attachments: #1 Affidavit of Mary Woods, #2 Affidavit of William F. Piper, Esq., #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Attachment Transcript Excerpts from Deposition of Morris N. Cooper, #22 Attachment Transcript Excerpts from Deposition of Terrance Dudzenski, Jr., #23 Attachment Transcript Excerpts from Deposition of Steven Gose, #24 Attachment Transcript Excerpts from Deposition of Michael Nowlin, #25 Attachment Transcript Excerpts from Deposition of Samay Rehfeldt, #26 Attachment Transcript Excerpts from Deposition of Robert D. Thoompson, #27 Attachment Transcript Excerpts from Deposition of Mary Woods) (Piper, William) |
| Filing 55 JOINT STATEMENT of material facts re MOTION for summary judgment #54 (Posner, David) |
| Filing 54 MOTION for summary judgment by defendant Progressive Insurance Co.; (Attachments: #1 Defendant's Memorandum in Support of its Motion for Summary Judgment, #2 Exhibit 1 - Apr. 16, 2018 Declaration of Deborah Young, #3 Exhibit 2 - Apr. 16, 2018 Declaration of Terrance Dudzenski, #4 Exhibit 3 - Declaration of Michael Nowlin) (Posner, David) Modified text on 5/30/2018 (ems). |
| Filing 53 PROOF OF SERVICE by defendant Progressive Insurance Co. for Defendant's Reply in Support of Its Motion for Summary Judgment (Posner, David) |
| Filing 52 CERTIFICATE OF SERVICE by plaintiff Mary Woods for Plaintiff's Brief in Opposition to Defendant's Motion for Summary Judgment mailed to counsel for defendant 5-15-18 (Piper, William) |
| Filing 51 CERTIFICATE OF SERVICE by defendant Progressive Insurance Co. for Defendant's Motion for Summary Judgment and Memorandum in Support, Proposed Joint Exhibit List and Proposed Joint Statement of Material Facts (Attachments: #1 Attachment Certificate of Service of Defendant's Motion for Summary Judgment and Memo in Support, #2 Attachment Certificate of Service of Proposed Joint Exhibit List, #3 Attachment Certificate of Service of Proposed Joint Statement of Material Facts) (Posner, David) Modified text on 4/18/2018 (ems). |
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Filing 50
PRE-MOTION CONFERENCE ORDER setting forth the briefing schedule re anticipated motion for summary judgment; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb)
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| Filing 49 MINUTES of pre-motion conference re #46 held before Judge Janet T. Neff (Court Reporter: Kathy Anderson) (Judge Janet T. Neff, rmw) |
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Filing 48
ORDER scheduling a pre-motion conference regarding document number #46 : pre-motion conference is set for 3/6/2018 at 01:30 PM at 401 Federal Building, Grand Rapids, MI before Judge Janet T. Neff; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)
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| Filing 47 RESPONSE TO REQUEST for pre-motion conference by defendant Progressive Insurance Co. Regarding Motion for Summary Judgment #46 ; filed by Mary Woods (Piper, William) Modified text on 1/29/2018 (ems). |
| Filing 46 REQUEST for pre-motion conference by defendant Progressive Insurance Co. Regarding Motion for Summary Judgment by defendant Progressive Insurance Co.; (Posner, David) |
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Filing 45
ORDER dismissing as resolved #31 Plaintiff's Motion for Enlargement of Time to Conduct Discovery and #34 Plaintiff's Motion for Expedited Consideration; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh)
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Filing 44
PROTECTIVE ORDER granting #42 joint motion for protective order; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh)
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Filing 43
ORDER granting STIPULATION #41 : The discovery deadline is extended to 2/6/2018 to conduct limited discovery; no other deadlines are changed; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh)
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(NON-DOCUMENT) ORDER REFERRING STIPULATION for a brief extension of discovery #41 and JOINT MOTION for corrected stipulated protective order #42 to Magistrate Judge Ellen S. Carmody pursuant to 28 U.S.C. 636(b)(1)(A); signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)
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| Filing 42 JOINT MOTION for protective order (Corrected) by defendant Progressive Insurance Co.; (Attachments: #1 Proposed Order Corrected Stipulated Protective Order, #2 Attachment Acknowledgement and Agreement to Be Bound) (Posner, David) |
| Filing 41 STIPULATION for a Brief Extension of Discovery by defendant Progressive Insurance Co. (Posner, David) |
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Filing 40
CORRECTED ORDER taking under advisement #31 Plaintiff's Motion for Enlargement of Time to Conduct Discovery and #34 Plaintiff's Motion for Expedited Consideration; either a stipulation for a brief extension of discovery or a response opposing plaintiff's motion 31 shall be filed by 1/9/2018; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh)
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Filing 39
ORDER taking under advisement #31 Plaintiff's Motion for Enlargement of Time to Conduct Discovery and #34 Plaintiff's Motion for Expedited Consideration; either a stipulation for a brief extension of discovery or a response opposing plaintiff's motion #31 shall be filed by 12/9/2018; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh)
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Filing 38
ORDER denying without prejudice #37 joint motion for protective order; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh)
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(NON-DOCUMENT) ORDER REFERRING JOINT MOTION for stipulated protective order #37 to Magistrate Judge Ellen S. Carmody pursuant to 28 U.S.C. 636(b)(1)(A); signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)
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| Filing 37 JOINT MOTION for protective order by defendant Progressive Insurance Co.; (Attachments: #1 Proposed Stipulated Protective Order, #2 Attachment Acknowledgement and Agreement to be Bound) (Posner, David) Modified text on 1/3/2018 (ems). |
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(NON-DOCUMENT) ORDER REFERRING MOTION for expedited consideration #34 to Magistrate Judge Ellen S. Carmody pursuant to 28 U.S.C. 636(b)(1)(A); signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)
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| Filing 36 MEMORANDUM in support of Motion to Expedite, #34 filed by Mary Woods (Piper, William) |
| Filing 35 CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to expedite consideration of plaintiff's 12-26-17 motion for enlargement of time to conduct discovery #34 filed by Mary Woods (Piper, William) |
| Filing 34 MOTION to expedite consideration of plaintiff's 12-26-17 motion for enlargement of time to conduct discovery by plaintiff Mary Woods; (Attachments: #1 Affidavit of William F. Piper, Esq., #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (Piper, William) |
| (NON-DOCUMENT) ORDER REFERRING MOTION for extension of time to complete discovery #31 to Magistrate Judge Ellen S. Carmody pursuant to 28 U.S.C. 636(b)(1)(A) (Judge Janet T. Neff, clb) |
| Filing 33 CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for extension of time to complete discovery #31 filed by Mary Woods (Attachments: #1 Attachment Email to defense counsel) (Piper, William) |
| Filing 32 MEMORANDUM in support of Motion for Extension of Time to Complete Discovery #31 filed by Mary Woods (Piper, William) |
| Filing 31 MOTION for extension of time to complete discovery by plaintiff Mary Woods; (Piper, William) |
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Filing 30
ORDER accepting STIPULATION #29 and granting in part and denying in part Plaintiff's Motion for Order to Compel Answers to Interrogatories and Production of Requested Documents Involving an Enlargement of Time to Conduct Discovery, if Necessary #21 ; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh)
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(NON-DOCUMENT) ORDER REFERRING PROPOSED STIPULATED ORDER #29 to Magistrate Judge Ellen S. Carmody pursuant to 28 U.S.C. 636(b)(1)(A); signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)
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| Filing 29 PROPOSED STIPULATION and ORDER Regarding Plaintiff's Motion to Compel (ECF No. 21) by defendant Progressive Insurance Co. (Posner, David) |
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Filing 28
ORDER granting in part and denying in part #21 Plaintiff's Motion for Order to Compel Answers to Interrogatories and Production of Requested Documents Involving an Enlargement of Time to Conduct Discovery, if Necessary; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, jal)
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| Filing 27 MINUTES of motion hearing re #21 Plaintiff's Motion for Order to Compel Answers to Interrogatories and Production of Requested Documents Involving an Enlargement of Time to Conduct Discovery, if Necessary held before Magistrate Judge Ellen S. Carmody; granted in part, denied in part; parties to submit proposed order; parties to submit proposed protective order (Proceedings Digitally Recorded) (Magistrate Judge Ellen S. Carmody, jal) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Allyson Ruth Terpsma on behalf of defendant Progressive Insurance Co. (Terpsma, Allyson) |
| Filing 26 NOTICE to attorney David A. Posner regarding recent filing #25 (ems) |
| Filing 25 RESPONSE TO MOTION to compel answers to interrogatories and production of requested documents involving an enlargement of time to conduct discovery, if necessary #21 filed by Progressive Insurance Co. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Posner, David) |
| Filing 24 NOTICE OF MOTION HEARING regarding Plaintiff's Motion for Order to Compel Answers to Interrogatories and Production of Requested Documents Involving an Enlargement of Time to Conduct Discovery, if Necessary #21 : motion hearing is set for 11/29/2017 at 03:00 PM at 650 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, jal) |
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(NON-DOCUMENT) ORDER REFERRING MOTION for order to compel answers to interrogatories and production of requested documents involving an enlargement of time to conduct discovery, if necessary #21 to Magistrate Judge Ellen S. Carmody pursuant to 28 U.S.C. 636(b)(1)(A); signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)
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| Filing 23 MEMORANDUM in support of Motion to Compel, #21 filed by Mary Woods (Piper, William) |
| Filing 22 CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to compel answers to interrogatories and production of requested documents involving an enlargement of time to conduct discovery, if necessary #21 filed by Mary Woods (Piper, William) |
| Filing 21 MOTION to compel answers to interrogatories and production of requested documents involving an enlargement of time to conduct discovery, if necessary by plaintiff Mary Woods; (Attachments: #1 Affidavit of William F. Piper, Esq., #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (Piper, William) |
| Filing 20 CERTIFICATE OF SERVICE by plaintiff Mary Woods of mailing to counsel for defendant Plaintiff's First Set of Interrogatories and First Request for Production of Documents to Defendant (Piper, William) |
| VFM FEE RECEIVED in the amount of $25.00, check number 10626 as to plaintiff Mary Woods (lep) |
| VFM FEE RECEIVED in the amount of $25.00, check number 416799 as to defendant Progressive Insurance Co. (lep) |
| Filing 19 CERTIFICATE OF SERVICE by plaintiff Mary Woods of emailing to counsel for defendant Plaintiff's Rule 26(a)(1) Initial Disclosures (Piper, William) |
| Filing 18 NOTICE of appointment of Facilitative Mediator Stephen M. Denenfeld ; plaintiff VFM fee to be submitted by 7/18/2017 defendant VFM fee to be submitted by 7/18/2017 (lep) |
| Filing 17 NOTICE of Service of Rule 26(a) Initial Disclosures by defendant Progressive Insurance Co. (Posner, David) |
| Filing 16 NOTICE of Service of First Set of Interrogatories and First Set of Requests for Production of Documents by defendant Progressive Insurance Co. (Posner, David) |
| Filing 15 SELECTION of Stephen Denenfeld as facilitative mediator by plaintiff Mary Woods (Piper, William) |
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Filing 14
CASE MANAGEMENT ORDER: settlement conference set for 1/29/2019 at 02:00 PM at 664 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; final pretrial conference set for 3/25/2019 at 10:00 AM at 401 Federal Building, Grand Rapids, MI before Judge Janet T. Neff; jury trial set for 4/9/2019 at 09:00 AM at 401 Federal Building, Grand Rapids, MI before Judge Janet T. Neff; counsel shall be present for an in-chambers conference one-half hour prior to the start of trial; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)
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| Filing 13 MINUTES of scheduling conference held before Judge Janet T. Neff; Case Management Order to issue (Court Reporter: not recorded) (Judge Janet T. Neff, rmw) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Amanda May Fielder on behalf of defendant Progressive Insurance Co. (Fielder, Amanda) |
| Filing 12 JOINT STATUS REPORT (Piper, William) |
| Filing 11 AMENDED CORPORATE DISCLOSURE STATEMENT by Progressive Insurance Co. identifying Corporate Parents Progressive Casualty Insurance Co., Drive Insurance Holdings, Inc., and The Progressive Corporation for Progressive Insurance Co. (Posner, David) Modified text on 5/10/2017 (ems). |
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Filing 10
ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 6/14/2017 at 02:30 PM at 401 Federal Building, Grand Rapids, MI before Judge Janet T. Neff; joint status report due by 6/7/2017; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)
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| Filing 9 CORPORATE DISCLOSURE STATEMENT by Progressive Insurance Co. identifying Corporate Parents Progressive Casualty Insurance Co., Drive Insurance Holdings, Inc. for Progressive Insurance Co. (Posner, David) Modified text on 5/9/2017 (ems). |
| Filing 8 Defendant's ANSWER to complaint #1 with affirmative defenses by Progressive Insurance Co. (Posner, David) |
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Filing 7
ORDER TO SHOW CAUSE: Plaintiff shall, no later than 5/19/2017, either apply for entry of default or show cause in writing why the Court should not dismiss the case; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)
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| Filing 6 SUMMONS returned executed; Progressive Insurance Co. served on 4/3/2017, answer due 4/24/2017 (Piper, William) |
| Filing 5 SUMMONS ISSUED as to defendant Progressive Insurance Co. (ems) |
| Filing 4 NOTICE that this case has been assigned Janet T. Neff (ems) |
| Filing 3 PROPOSED SUMMONS to be issued re #1 (Piper, William) |
| Filing 2 DEMAND for TRIAL BY JURY by plaintiff Mary Woods (Piper, William) |
| Filing 1 COMPLAINT against Progressive Insurance Co. filed by Mary Woods (Piper, William) |
| FILING FEE PAID re #1 by plaintiff Mary Woods in the amount of $400, receipt number 0646-3807584 (Piper, William) |
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