Santana v. Aaron's, Inc.
Plaintiff: Jose Joaquin Santana, Jr.
Defendant: Aaron's, Inc.
Case Number: 1:2019cv00241
Filed: April 17, 2019
Court: US District Court for the Southern District of Mississippi
Office: Southern Office
Presiding Judge: John C Gargiulo
Referring Judge: Halil S Ozerden
2 Judge: Robert H Walker
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 22, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 22, 2022 Opinion or Order Filing 120 FINAL JUDGMENT OF DISMISSAL: Ordered that this case is dismissed with prejudice. Signed by District Judge Halil S. Ozerden on 6/22/22. (JCH)
June 22, 2022 Opinion or Order Filing 119 MEMORANDUM OPINION AND ORDER granting #98 Motion for Summary Judgment. Signed by District Judge Halil S. Ozerden on 6/22/22. (JCH)
June 14, 2022 Opinion or Order Filing 118 ORDER SETTING PRETRIAL CONFERENCE. Signed by District Judge Halil S. Ozerden on 6/14/2022. (ALS)
June 14, 2022 Opinion or Order Set Hearing: Pretrial Conference set for 7/26/2022 at 9:30 AM in Chambers 814 (Gulfport) before District Judge Halil S. Ozerden. (ALS)
April 5, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Robert H Walker: Settlement Conference held on 4/5/2022. PARTICIPANTS: Greta K Martin (counsel for Plaintiff); Jose Joaquin Santana, Jr. (Plaintiff); Robin Santana (Plaintiff's wife); Lauren Reeder McCrory and Matthew D. Treco - PHV (counsel for Defendants). The case did not settle at the conference. (AB)
April 4, 2022 Opinion or Order Filing 117 NOTICE of Appearance by Lauren Reeder McCrory on behalf of Aaron's, Inc. (McCrory, Lauren)
March 10, 2022 Opinion or Order Filing 116 EXHIBIT 22 and 23 (RESTRICTED) Related document: #113 Reply to Response to Motion, filed by Defendant Aaron's, Inc. (Attachments: #1 Exhibit 23)(JCH)
March 10, 2022 Opinion or Order Filing 115 NOTICE OF CONVENTIONAL FILING filed by Aaron's, Inc. (JCH)
March 9, 2022 Opinion or Order Set/Reset Hearings: Settlement Conference is RESET for 4/5/2022 at 9:30 AM in Chambers 870 (Gulfport) before Magistrate Judge Robert H Walker. (AB)
March 8, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Robert H Walker: Telephone Conference to reschedule Settlement Conference held on 3/8/2022. PARTICIPANTS: Greta K Martin (counsel for Plaintiff); Mallory K. Bland and Matthew D. Treco - PHV (counsel for Defendants). The Settlement Conference was rescheduled for March 29, 2022 at 1:30 PM. (AB)
March 8, 2022 Opinion or Order Reset Hearing: Settlement Conference is reset for 3/29/2022 at 1:30 PM in Chambers 870 (Gulfport) before Magistrate Judge Robert H Walker. Counsel are instructed to submit to Judge Walker, seven (7) days prior to the conference, a memorandum (3 page maximum in PDF format) setting forth a brief explanation of the case, and a candid appraisal of their respective positions, including possible settlement figures. This document is NOT to be exchanged and will be viewed only by the Court. The settlement memoranda should be sent to Judge Walker via e-mail (walker_chambers@mssd.uscourts.gov). LOCAL COUNSEL, LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PHYSICALLY PRESENT AT THE CONFERENCE (INCLUDING INSURANCE CARRIERS WHO HAVE AUTHORITY). FAILURE TO APPEAR MAY RESULT IN SANCTIONS. (AB)
March 7, 2022 Opinion or Order TEXT ONLY ORDER granting Defendant's #114 Motion for Leave to File Documents Restricted from Public in support of its #98 Motion for Summary Judgment. Defendant's request is supported by clear and compelling reasons and is narrowly tailored to serve those reasons. The Clerk of Court shall file, pursuant to Local Rule 79(e)(3)(B)(2), as restricted access to case participants and Court users only, Exhibits 22 and 23 to Defendant's #113 Reply. Defendant shall submit to the Clerk of Court a Notice of Conventional Filing along with the documents to be filed restricted access. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on March 7, 2022. (ENW)
March 4, 2022 Opinion or Order Filing 114 Unopposed MOTION for Leave to File Document RESTRICTED from public by Aaron's, Inc. (Treco - PHV, Matthew)
March 4, 2022 Opinion or Order Filing 113 REPLY to Response to Motion re #98 MOTION for Summary Judgment filed by Aaron's, Inc. (Attachments: #1 Exhibit 22 - Lively July 3, 2018 Email Memo, #2 Exhibit 23 - July 11, 2018 Customer Complaint)(Treco - PHV, Matthew)
March 3, 2022 Opinion or Order NOTICE of Hearing: Telephone Conference to reschedule Settlement Conference set for 3/8/2022 at 2:00 PM before Magistrate Judge Robert H Walker. Counsel for Plaintiff will place the call to Judge Walker's Chambers (228-563-1755) with all necessary counsel on the line. (AB)
February 28, 2022 Opinion or Order Filing 112 Unopposed MOTION for Extension of Time to File Response/Reply as to #99 Memorandum in Support of Motion, #98 MOTION for Summary Judgment , #108 Response in Opposition to Motion,,,,,,,,, by Aaron's, Inc. (Treco - PHV, Matthew)
February 28, 2022 Opinion or Order TEXT ONLY ORDER granting as unopposed Defendant Aaron's, Inc.'s Motion #112 for Extension of Time to File Reply in support of its Motion #98 for Summary Judgment. Defendant's Reply is now due on or before March 4, 2022. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 2/28/2022 (BTC)
February 23, 2022 Opinion or Order Filing 111 EXHIBITS A-BB (RESTRICTED) Related document: #108 Response in Opposition to Motion, filed by Plaintiff Jose Joaquin Santana, Jr. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q, #17 Exhibit R, #18 Exhibit S, #19 Exhibit T, #20 Exhibit U, #21 Exhibit V, #22 Exhibit W, #23 Exhibit X, #24 Exhibit Y, #25 Exhibit Z, #26 Exhibit AA, #27 Exhibit BB)(JCH)
February 23, 2022 Opinion or Order Filing 110 NOTICE OF CONVENTIONAL FILING filed by Jose Joaquin Santana, Jr (JCH)
February 18, 2022 Opinion or Order DOCKET ANNOTATION as to #108. Incorrect event code selected. Counsel should have selected "Memorandum in Opposition to Motion". Also, counsel should use the correct Magistrate Judge's initials on future filings. 1:19cv241HSO-RHWR. Counsel does not need to refile. (wld)
February 18, 2022 Opinion or Order TEXT ONLY ORDER granting Plaintiff's #109 Motion for Leave to File Exhibits to his #108 Response in opposition to Defendant's #98 Motion for Summary Judgment restricted access. Plaintiff's request is supported by clear and compelling reasons and is narrowly tailored to serve those reasons. The Clerk of Court shall file, pursuant to Local Rule 79(e)(3)(B)(2), as restricted access to case participants and Court users only, Exhibits A, B, C, F, G, I, J, K, L, M, N, O, P, Q, R, T, V, W, X, and AA to Plaintiff's #108 Response. Plaintiff shall submit to the Clerk of Court a Notice of Conventional Filing along with the documents to be filed restricted access. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on February 18, 2022. (ENW)
February 17, 2022 Opinion or Order Filing 109 Unopposed MOTION for Leave to File Document RESTRICTED from public by Jose Joaquin Santana, Jr (Martin, Greta)
February 17, 2022 Opinion or Order Filing 108 RESPONSE in Opposition re #98 MOTION for Summary Judgment filed by Jose Joaquin Santana, Jr (Attachments: #1 Exhibit A - Personnel Application dated October 6, 2005 [REDACTED], #2 Exhibit B - Driver Exemption Form dated November 11, 2005 [REDACTED], #3 Exhibit C - Personnel Action/Status Change Form dated June 11, 2012 [REDACTED], #4 Exhibit D - Affidavit of Sam Rhinehart, #5 Exhibit E - Offer Letter from Aarons, Inc to Jose Santana dated August 14, 2015, #6 Exhibit F - Email Exchange from August 10, 2015 [REDACTED], #7 Exhibit G Driver Disqualification Form dated September 18, 2015 [REDACTED], #8 Exhibit H Letter dated December 27, 2016 from Mississippi Department of Public Safety with Request for Statement from Vision Specialist, #9 Exhibit I January 24, 2018 Correction Action Form [REDACTED], #10 Exhibit J July 26, 2016 Correction Action Form [REDACTED], #11 Exhibit K -December 21, 2017 Regional Managers Compliance Checklist [REDACTED], #12 Exhibit L March 14, 2018 Correction Action Form [REDACTED], #13 Exhibit M Email dated April 30, 2018 from Jamie Lively to Danielle Riecke [REDACTED], #14 Exhibit N Email dated April 28, 2018 to Danielle Riecke from Jose Santana [REDACTED], #15 Exhibit O - May 18, 2018 Corrective Action Form [REDACTED], #16 Exhibit P Email dated April 16, 2018 from Jamie Lively to Danielle Riecke [REDACTED], #17 Exhibit Q Email dated April 17, 2018 from Jamie Lively to Danielle Riecke [REDACTED], #18 Exhibit R Email dated April 17, 2018 from Jamie Lively to Danielle Riecke [REDACTED], #19 Exhibit S Affidavit of Kaila Smith, #20 Exhibit T - EthicsPoint Incident Management report [REDACTED], #21 Exhibit U - Statement signed by Jose Santana, dated April 29, 2018, #22 Exhibit V Email dated April 30, 2018 from Jamie Lively to Danielle Riecke [REDACTED], #23 Exhibit W Customer Complaint Report dated May 4, 2018 [REDACTED], #24 Exhibit X September 18, 2018 Corrective Action Form [REDACTED], #25 Exhibit Y Deposition Excerpts of Jamie Lively, #26 Exhibit Z Deposition Excerpts of Jose Joaquin Santana, Jr., #27 Exhibit AA Social Security Administration Function Report Adult (executed on September 25, 2018) [REDACTED], #28 Exhibit BB Affidavit of Jose Santana)(Martin, Greta)
February 16, 2022 Opinion or Order DOCKET ANNOTATION as to #105, #106 and #107. Counsel should use the correct Magistrate Judge's initials on future filings. 1:19cv241HSO-RHWR. (wld)
February 16, 2022 Opinion or Order TEXT ONLY ORDER denying without prejudice Plaintiff's #105 Motion for Leave to File Documents Restricted Access and directing the Clerk to strike Plaintiff's #106 Response to Defendant's #98 Motion for Summary Judgment. Plaintiff does not identify in his #105 Motion for Leave which exhibits he seeks to file restricted access, and the purportedly "redacted" exhibits attached to his #106 Response are one-page sheets stating that the exhibit is subject to a protective order and will be filed restricted access. A Protective Order governing discovery does not "qualify as an order to seal documents," L.U. Civ. R. 79(d), and Plaintiff has not shown that permitting the entirety of the exhibits to be filed restricted access would be "narrowly tailored to serve" the reasons for filing them under restricted access, see L.U. Civ. R. 79(b). On or before February 18, 2022, Plaintiff shall refile his Response with all supporting exhibits attached, with narrowly tailored redactions to the extent necessary, and Plaintiff may re-urge his Motion for Leave to File Documents Restricted Access, specifically identifying which exhibits he seeks to file restricted access. If filed by that deadline, Plaintiff's Response will be deemed timely. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on February 16, 2022. (ENW)
February 15, 2022 Opinion or Order Filing 107 MEMORANDUM in Opposition re #98 MOTION for Summary Judgment filed by Jose Joaquin Santana, Jr (Martin, Greta)
February 15, 2022 Opinion or Order Filing 106 **STRICKEN PER TEXT ONLY ORDER FILED ON 2/16/22** RESPONSE in Opposition re [] MOTION for Summary Judgment filed by Jose Joaquin Santana, Jr (Attachments: #1 Exhibit A Personnel Application dated October 6, 2005, #2 Exhibit B Driver Exemption Form dated November 11, 2005, #3 Exhibit C - Personnel Action/Status Change Form dated June 11, 2012, #4 Exhibit D Affidavit of Sam Rhinehart, #5 Exhibit E Offer Letter from Aarons, Inc to Jose Santana dated August 14, 2015, #6 Exhibit F - Email Exchange from August 10, 2015, #7 Exhibit G Driver Disqualification Form dated September 18, 2015, #8 Exhibit H Letter dated December 27, 2016 from Mississippi Department of Public Safety with Request for Statement from Vision Specialist, #9 Exhibit I January 24, 2018 Correction Action Form, #10 Exhibit J July 26, 2016 Correction Action Form, #11 Exhibit K - December 21, 2017 Regional Managers Compliance Checklist, #12 Exhibit L March 14, 2018 Correction Action Form, #13 Exhibit M Email dated April 30, 2018 from Jamie Lively to Danielle Riecke, #14 Exhibit N Email dated April 28, 2018 to Danielle Riecke from Jose Santana, #15 Exhibit O May 18, 2018 Corrective Action Form, #16 Exhibit P Email dated April 16, 2018 from Jamie Lively to Danielle Riecke, #17 Exhibit Q Email dated April 17, 2018 from Jamie Lively to Danielle Riecke, #18 Exhibit R Email dated April 17, 2018 from Jamie Lively to Danielle Riecke, #19 Exhibit S Affidavit of Kaila Smith, #20 Exhibit T - EthicsPoint Incident Management report, #21 Exhibit U - Statement signed by Jose Santana, dated April 29, 2018, #22 Exhibit V Email dated April 30, 2018 from Jamie Lively to Danielle Riecke, #23 Exhibit W Customer Complaint Report dated May 4, 2018, #24 Exhibit X September 18, 2018 Corrective Action Form, #25 Exhibit Y Deposition Excerpts of Jamie Lively, #26 Exhibit Z Deposition Excerpts of Jose Joaquin Santana, Jr., #27 Exhibit AA Social Security Administration Function Report Adult (executed on September 25, 2018), #28 Exhibit BB Affidavit of Jose Santana)(Martin, Greta) Modified on 2/16/2022 (JCH).
February 15, 2022 Opinion or Order Filing 105 MOTION for Leave to File Document RESTRICTED from public by Jose Joaquin Santana, Jr (Martin, Greta)
January 31, 2022 Opinion or Order Filing 104 EXHIBITS (3-17) (RESTRICTED) Related document: #98 MOTION for Summary Judgment filed by Defendant Aaron's, Inc. (Attachments: #1 Exhibit 4 - March 14, 2018 Corrective Action Form, #2 Exhibit 5 - May 8, 2018 Corrective Action Form, #3 Exhibit 6 - September 18, 2018 Corrective Action Form, #4 Exhibit 7 - December 21, 2017 Compliance Checklist, #5 Exhibit 8 - August 10, 2017 Customer Complaint, #6 Exhibit 9 - January 20, 2018 Email Correspondence btw Riecke and Lively, #7 Exhibit 10 - March 13, 2018 Email Correspondence btw Lively and Smith, #8 Exhibit 11 - April 16, 2018 Email Correspondence btw Lively and Riecke, #9 Exhibit 12 - May 4, 2018 Customer Complaint Log, #10 Exhibit 13 - EthicsPoint Incident Managment Report, #11 Exhibit 14 - April 29, 2018 Written Statement, #12 Exhibit 15 - Completed Social Security Adminstation Form 3368, #13 Exhibit 16 - September 21, 2018 Letter Correspondence to Office of Disability, #14 Exhibit 17 - May 8, 2018 Email correspondence btw Riecke, Lively, and Sweeney)(JCH)
January 31, 2022 Opinion or Order Filing 103 NOTICE OF CONVENTIONAL FILING filed by Aaron's, Inc. (JCH)
January 31, 2022 Opinion or Order TEXT ONLY ORDER granting as unopposed Defendant's #102 Motion for Extension of Time to File Reply in support of its #98 Motion for Summary Judgment. Any Reply is now due on or before March 1, 2022. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on January 31, 2022. (ENW)
January 28, 2022 Opinion or Order Filing 102 Unopposed MOTION for Extension of Time to File Response/Reply as to #99 Memorandum in Support of Motion, #98 MOTION for Summary Judgment by Aaron's, Inc. (Treco - PHV, Matthew)
January 27, 2022 Opinion or Order TEXT ONLY ORDER granting as unopposed Plaintiff's #100 Motion for Extension of Time to File Response to Defendant's #98 Motion for Summary Judgment. Plaintiff's Response to Defendant's #98 Motion is now due on or before February 15, 2022. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on January 27, 2022. (ENW)
January 27, 2022 Opinion or Order TEXT ONLY ORDER granting Defendant's #101 Motion for Leave to File Exhibits 3 through 17 to its #98 Motion for Summary Judgment restricted access. Defendant's request is supported by clear and compelling reasons and is narrowly tailored to serve those reasons. The Clerk of Court shall file, pursuant to Local Rule 79(e)(3)(B)(2), as restricted access to case participants and Court users only, Exhibits 3 through 17 to Defendant's #98 Motion for Summary Judgment. Defendant shall submit to the Clerk of Court a Notice of Conventional Filing along with the documents to be filed restricted access. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on January 27, 2022. (ENW)
January 26, 2022 Opinion or Order Filing 101 Unopposed MOTION for Leave to File Document RESTRICTED from public by Aaron's, Inc. (Treco - PHV, Matthew)
January 26, 2022 Opinion or Order Filing 100 Unopposed MOTION for Extension of Time to File Response/Reply as to #99 Memorandum in Support of Motion, #98 MOTION for Summary Judgment by Jose Joaquin Santana, Jr (Martin, Greta)
January 25, 2022 Opinion or Order Filing 99 MEMORANDUM in Support re #98 MOTION for Summary Judgment filed by Aaron's, Inc. (Treco - PHV, Matthew)
January 25, 2022 Opinion or Order Filing 98 MOTION for Summary Judgment by Aaron's, Inc. (Attachments: #1 Exhibit 1 - GM Job Description, #2 Exhibit 2 - Associate Policy Manual, #3 Exhibit 3 - January 24, 2018 Corrective Action Form (REDACTED), #4 Exhibit 4 - March 14, 2018 Corrective Action Form (REDACTED), #5 Errata 5 - May 8, 2018 Corrective Action Form (REDACTED), #6 Exhibit 6 - September 18, 2018 Corrective Action Form (REDACTED), #7 Exhibit 7 - December 21, 2017 RM Compliance Checklist (REDACTED), #8 Exhibit 8 - August 10, 2017 Customer Complaint (REDACTED), #9 Exhibit 9 - January 20, 2018 Email Correspondence Btw Riecke and Lively (REDACTED), #10 Exhibit 10 - March 13, 2018 Email Correspondence Btw Lively and Smith (REDACTED), #11 Exhibit 11 - April 16, 2018 Email Correspondence Btw LIvey and Riecke (REDACTED), #12 Exhibit 12 - May 4, 2018 Customer Complaint Log (REDACTED), #13 Exhibit 13 - EthicsPoint Incident Management Report (REDACTED), #14 Exhibit 14 - April 29, 2018 Written Statement (REDACTED), #15 Exhibit 15 - Completed Social Security Administration Form 3368 (REDACTED), #16 Exhibit 16 - September 21, 2018 Letter Correspondence to Office of Disability Determination Services (REDACTED), #17 Exhibit 17 - May 8, 2018 Email Correspondence Btw Riecke, Lively, and Sweeney (REDACTED), #18 Exhibit 18 - Transcript Excerpts (Santana June 28, 2021 Deposition), #19 Exhibit 19 - Transcript Excerpts (Riecke October 13, 2021 Deposition), #20 Exhibit 20 - Transcript Excerpts (Lively November 30, 2021 Deposition), #21 Exhibit 21 - Transcript Excerpts (Santana December 13, 2021 Deposition))(Treco - PHV, Matthew)
November 29, 2021 Opinion or Order Filing 97 NOTICE of Appearance by Michael F. Held on behalf of Aaron's, Inc. (Held, Michael)
November 19, 2021 Opinion or Order Filing 96 NOTICE to Take Deposition of Jose Joaquin Santana, Jr. by Aaron's, Inc. (Treco - PHV, Matthew)
November 19, 2021 Opinion or Order Filing 95 NOTICE to Take Deposition of Jamie Lively by Jose Joaquin Santana, Jr (Martin, Greta)
October 22, 2021 Opinion or Order TEXT ONLY AMENDED CASE MANAGEMENT ORDER: Jury Trial set for a three week trial calendar beginning on 8/8/2022 at 9:00 AM in Courtroom 806 (Gulfport) before District Judge Halil S. Ozerden. Pretrial Conference set for 7/26-28/2022 at 9:00 AM in Courtroom 806 (Gulfport) before District Judge Halil S. Ozerden. Discovery due by 1/4/2022. Motions due by 1/25/2022. Settlement Conference set for 3/22/2022 at 1:30 PM in Chambers 870 (Gulfport) before Magistrate Judge Robert H Walker. ADR Report due by 7/19/2022. Proposed Pretrial Order due by 7/26/2022. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge Robert H Walker on 10/22/2021 (AB)
October 21, 2021 Opinion or Order TEXT ONLY ORDER granting in part and denying in part #94 Joint Motion to Extend and Reset Case Deadlines. Extensions will be granted. While the trial date will be reset, the parties request for a May 2022 trial date cannot be accommodated. Due to the age of this case, no further continuances of the trial date after this one are likely to be granted. An amended case management order will be issued. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Robert H Walker on 10/21/21 (HM)
October 20, 2021 Opinion or Order Filing 94 Joint MOTION for Extension of Time to Complete Discovery (Extend and Reset Cse Deadlines) by Aaron's, Inc. (Bland, Mallory)
October 15, 2021 Opinion or Order Reset Hearing: Due to reassignment, the Settlement Conference is reset for 12/29/2021 at 1:30 PM in Chambers 870 (Gulfport) before Magistrate Judge Robert H Walker. Counsel are instructed to submit to Judge Walker, seven (7) days prior to the conference, a memorandum (3 page maximum in PDF format) setting forth a brief explanation of the case, and a candid appraisal of their respective positions, including possible settlement figures. This document is NOT to be exchanged and will be viewed only by the Court. The settlement memoranda should be sent to Judge Walker via e-mail (walker_chambers@mssd.uscourts.gov). LOCAL COUNSEL, LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PHYSICALLY PRESENT AT THE CONFERENCE (INCLUDING INSURANCE CARRIERS WHO HAVE AUTHORITY). FAILURE TO APPEAR MAY RESULT IN SANCTIONS. (AB)
October 13, 2021 Opinion or Order TEXT ONLY ORDER granting #93 Motion to Appear Pro Hac Vice. That Attorney Matthew D. Treco be admitted pro hac vice in this case on behalf of Defendant Aaron's, Inc. in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge Robert H Walker on 10/13/2021 (AB)
October 12, 2021 Opinion or Order DOCKET ANNOTATION as to #93. Counsel is reminded to use the correct Magistrate Judge's initials on future filings. 1:19cv241HSO-RHWR. (wld)
October 11, 2021 Opinion or Order Filing 93 MOTION for Matthew D. Treco to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-4678533) by Aaron's, Inc. (Attachments: #1 Attachment Certificate of Good Standing)(Bland, Mallory)
October 1, 2021 Opinion or Order Filing 92 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Robert H Walker for all further proceedings. Magistrate Judge John C. Gargiulo no longer assigned to case. Signed by Chief District Judge Daniel P. Jordan, III on 10/1/21. (JCH)
October 1, 2021 Opinion or Order Parties should include the newly assigned Magistrate Judge's initials RHWR on future filings. (JCH)
September 28, 2021 Opinion or Order Filing 91 NOTICE of Service of Supplemental Response to Request for Production by Jose Joaquin Santana, Jr (Martin, Greta)
September 20, 2021 Opinion or Order Filing 90 NOTICE to Take Deposition of Jamie Lively by Jose Joaquin Santana, Jr (Martin, Greta)
September 13, 2021 Opinion or Order Filing 89 NOTICE to Take Deposition of Danielle Riecke by Jose Joaquin Santana, Jr (Martin, Greta)
July 28, 2021 Opinion or Order TEXT ONLY AMENDED SCHEDULING ORDER: The Settlement Conference is reset for 12/29/2021 at 1:30 PM in Chambers 870 (Gulfport) before Magistrate Judge John C. Gargiulo. Counsel are instructed to submit to Judge Gargiulo, seven (7) days prior to the conference, a memorandum (3 page maximum in PDF format) setting forth a brief explanation of the case, and a candid appraisal of their respective positions, including possible settlement figures. This document is NOT to be exchanged and will be viewed only by the Court. The settlement memoranda should be sent to Judge Gargiulo via e-mail (gargiulo_chambers@mssd.uscourts.gov). LOCAL COUNSEL, LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PHYSICALLY PRESENT AT THE CONFERENCE (INCLUDING INSURANCE CARRIERS WHO HAVE AUTHORITY). FAILURE TO APPEAR MAY RESULT IN SANCTIONS. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 7/28/2021 (AB)
July 28, 2021 Opinion or Order TEXT ONLY ORDER granting #88 Plaintiff's unopposed Motion to Extend Deadlines. The discovery deadline is now 10/21/2021. Dispositive and Daubert motions are due 11/4/2021. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 7/28/21 (HM)
July 26, 2021 Opinion or Order Filing 88 MOTION to Extend Deadline for Discovery and Pretrial Motions by Jose Joaquin Santana, Jr (Martin, Greta)
July 26, 2021 Opinion or Order Filing 87 NOTICE of Appearance by David Hunter V. Robertson on behalf of Jose Joaquin Santana, Jr (Robertson, David)
July 22, 2021 Opinion or Order Filing 86 NOTICE of Appearance by Greta K Martin on behalf of Jose Joaquin Santana, Jr (Martin, Greta)
June 16, 2021 Opinion or Order Filing 85 NOTICE of Service of Response to Request for Production by Aaron's, Inc. (Robinson - PHV, Kayla)
June 14, 2021 Opinion or Order Filing 84 NOTICE of Service of Response to Request for Production by Aaron's, Inc. (Robinson - PHV, Kayla)
June 9, 2021 Opinion or Order Filing 83 NOTICE to Take Deposition of Plaintiff Jose Joaquin Santana, Jr. by Aaron's, Inc. (Robinson - PHV, Kayla)
June 3, 2021 Opinion or Order Filing 82 PROTECTIVE ORDER governing confidential information. Signed by Magistrate Judge John C. Gargiulo on 6/3/21 (HM)
June 3, 2021 Opinion or Order Filing 81 ORDER denying #60 Plaintiff's Motion to Compel; denying #62 Plaintiff's Motion to Quash and for Protective Order; granting #69 Defendant's Motion for Protective Order. Signed by Magistrate Judge John C. Gargiulo on 6/3/21 (HM)
June 2, 2021 Opinion or Order TEXT ONLY ORDER terminating #67 Defendant's Motion for Protective Order because the Motion was refiled as Defendant's Motion for Protective Order #69 , which remains pending. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 6/2/21 (HM)
June 1, 2021 Opinion or Order TEXT ONLY AMENDED SCHEDULING ORDER: The Settlement Conference is reset for 11/29/2021 at 1:30 PM in Chambers 870 (Gulfport) before Magistrate Judge John C. Gargiulo. Counsel and Pro Se Plaintiff are instructed to submit to Judge Gargiulo, seven (7) days prior to the conference, a memorandum (3 page maximum in PDF format) setting forth a brief explanation of the case, and a candid appraisal of their respective positions, including possible settlement figures. This document is NOT to be exchanged and will be viewed only by the Court. The settlement memoranda should be sent to Judge Gargiulo via chambers e-mail (PRO SE persons must MAIL their memo instead of using the e-mail address). LOCAL COUNSEL, LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PHYSICALLY PRESENT AT THE CONFERENCE (INCLUDING INSURANCE CARRIERS WHO HAVE AUTHORITY). FAILURE TO APPEAR MAY RESULT IN SANCTIONS. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 6/1/2021 (AB)
May 28, 2021 Opinion or Order Set/Reset Deadlines: Discovery due by 9/6/2021. Designate Experts Plaintiff Deadline 7/19/2021. Designate Experts Defendant Deadline 8/16/2021. Motions due 9/20/2021 (HM)
May 28, 2021 Opinion or Order TEXT ONLY ORDER granting in part and denying in part Unopposed Motion to Stay Discovery and Extend Deadlines. The case will not be stayed, but extensions of the case management deadlines will be granted to allow the Court time to resolve multiple discovery Motions #60 #62 #67 #69 that have stalled discovery. Plaintiff's deadline for designating experts is now 7/19/21. Defendant's deadline for designating experts is now 8/16/21. The discovery deadline is now 9/6/21. The deadline for dispositive and Daubert motions is now 9/20/21. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 5/28/21 (HM)
May 27, 2021 Opinion or Order Filing 80 Unopposed MOTION to Stay Proceedings /Discovery Deadlines by Aaron's, Inc. (Robinson - PHV, Kayla)
April 16, 2021 Opinion or Order Filing 79 NOTICE OF INTENT TO SERVE SUBPOENA by Aaron's, Inc. (Attachments: #1 Exhibit A - Merit Health Systems Subpoena)(Turner - PHV, Elizabeth)
April 16, 2021 Opinion or Order Filing 78 NOTICE OF INTENT TO SERVE SUBPOENA by Aaron's, Inc. (Attachments: #1 Exhibit A - Dr. William M. Rambo, MD Subpoena)(Turner - PHV, Elizabeth)
April 16, 2021 Opinion or Order Filing 77 NOTICE OF INTENT TO SERVE SUBPOENA by Aaron's, Inc. (Attachments: #1 Exhibit A - Dr. William A. Vandergrift, MD Subpoena)(Turner - PHV, Elizabeth)
April 16, 2021 Opinion or Order Filing 76 NOTICE OF INTENT TO SERVE SUBPOENA by Aaron's, Inc. (Attachments: #1 Exhibit A - Dr. Thomas Tsai, OD Subpoena)(Turner - PHV, Elizabeth)
April 16, 2021 Opinion or Order Filing 75 NOTICE OF INTENT TO SERVE SUBPOENA by Aaron's, Inc. (Attachments: #1 Exhibit A - Dr. Sunil Patel, MD Subpoena)(Turner - PHV, Elizabeth)
April 16, 2021 Opinion or Order Filing 74 NOTICE OF INTENT TO SERVE SUBPOENA by Aaron's, Inc. (Attachments: #1 Exhibit A - Dr. Mandi Smith, MD Subpoena)(Turner - PHV, Elizabeth)
April 16, 2021 Opinion or Order Filing 73 NOTICE OF INTENT TO SERVE SUBPOENA by Aaron's, Inc. (Attachments: #1 Exhibit A - Dr. Debra LaPrad Subpoena)(Turner - PHV, Elizabeth)
April 15, 2021 Opinion or Order Filing 72 RESPONSE in Opposition re #67 MOTION for Protective Order, #69 MOTION for Protective Order filed by Jose Joaquin Santana, Jr. (Attachments: #1 Envelope)(JCH)
April 2, 2021 Opinion or Order Filing 71 RESPONSE in Opposition re #62 MOTION to Quash MOTION for Protective Order filed by Aaron's, Inc. (Attachments: #1 Exhibit A - Email from Plaintiff to Defendant dated 03-16-21, #2 Exhibit B - Email from Plaintiff to Defendant dated 03-17-21, #3 Exhibit C - Email from Defendant to Plaintiff dated 03-17-21)(Turner - PHV, Elizabeth)
April 2, 2021 Opinion or Order Filing 70 MEMORANDUM in Support re #69 MOTION for Protective Order Under Federal Rule 26(c) filed by Aaron's, Inc. (Attachments: #1 Attachment Good Faith Certificate of Elizabeth Bulat Turner and Declaration of Kayla L. Robinson, #2 Exhibit A - Stipulation and [Proposed] Protective Order, #3 Exhibit B - Email from Plaintiff to Defendant dated 03-17-21, #4 Exhibit C - Email from Defendant to Plaintiff dated 03-19-21, #5 Exhibit D - Email from Plaintiff to Defendant dated 03-19-21, #6 Exhibit E - [Proposed] Protective Order)(Turner - PHV, Elizabeth)
April 2, 2021 Opinion or Order Filing 69 MOTION for Protective Order by Aaron's, Inc. (Turner - PHV, Elizabeth)
April 2, 2021 Opinion or Order DOCKET ANNOTATION as to #67: Memorandum in Support should be filed separately and shown as a related document to the motion (Court's Administrative Procedures for Electronic Case Filing Sec. 3.A.7). Attorney is directed to file the Memorandum as a separate document and link it to the appropriate document. The event code is under Responses and Replies. See previous annotation entered on 8/7/49. DOCKET ANNOTATION as to #67 and #68: (1) L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description (Exhibits are not described). Attorney is advised to follow this rule in future filings. See previous annotation entered on 3/22/21; (2) Upon selecting Exhibit from the category box, the word Exhibit should not be added in the description box; and (3) Multiple exhibits should not be scanned in as one. Each exhibit must be scanned separately, have an exhibit sticker, attached as an exhibit to the main document and described. Attorney is not required to re-file. (RLW)
April 1, 2021 Opinion or Order Filing 68 RESPONSE in Opposition re #62 MOTION to Quash MOTION for Protective Order filed by Aaron's, Inc. (Attachments: #1 Exhibit Exhibits A-C)(Turner - PHV, Elizabeth)
April 1, 2021 Opinion or Order Filing 67 MOTION for Protective Order by Aaron's, Inc. (Attachments: #1 Attachment Defendant's Memorandum of Law In Support of Its Motion for Protective Order, #2 Attachment Good Faith Certificate and Declaration, #3 Exhibit Exhibits A-E)(Turner - PHV, Elizabeth)
March 31, 2021 Opinion or Order Filing 66 NOTICE of Service of Response to Interrogatories by Aaron's, Inc. (Turner - PHV, Elizabeth)
March 31, 2021 Opinion or Order Filing 65 **DISREGARD** NOTICE of Service of Response to Interrogatories by Aaron's, Inc. (Turner - PHV, Elizabeth) Modified on 3/31/2021 (JCH).
March 31, 2021 Opinion or Order DOCKET ANNOTATION as to # 65. Attorney's office notified the Clerk's Office that this document was filed under the incorrect login. The document will be re-filed under the correct login. This document will be disregarded on the docket. (JCH)
March 22, 2021 Opinion or Order Docket Annotation as to Doc. #64. L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings by also including the exhibit letter in the description of each exhibit. (wld)
March 19, 2021 Opinion or Order Filing 64 RESPONSE in Opposition re #60 MOTION to Compel Discovery filed by Aaron's, Inc. (Attachments: #1 Exhibit, #2 Exhibit)(Turner - PHV, Elizabeth)
March 18, 2021 Opinion or Order Filing 63 NOTICE of Service of Response to Request for Production by Aaron's, Inc. (Turner - PHV, Elizabeth)
March 18, 2021 Opinion or Order Filing 62 MOTION to Quash, MOTION for Protective Order by Jose Joaquin Santana, Jr. (Attachments: #1 - Various Exhibits, #2 - Good Faith Certificate)(JCH)
March 5, 2021 Opinion or Order Filing 61 MEMORANDUM in Support re #60 MOTION to Compel filed by Jose Joaquin Santana, Jr. (JCH)
March 5, 2021 Opinion or Order Filing 60 MOTION to Compel by Jose Joaquin Santana, Jr. (Attachments: #1 Exhibit A - Responses and Objections to Plaintiff's First Set of Interrogatories, #2 Exhibit B - Email from Jose Santana, #3 Exhibit C - Letter from Jose Santana)(JCH)
March 5, 2021 Opinion or Order Filing 59 NOTICE of Service of Response to Request for Production by Jose Joaquin Santana, Jr (JCH)
March 5, 2021 Opinion or Order Filing 58 NOTICE of Service of Response to Interrogatories by Jose Joaquin Santana, Jr.(JCH)
March 2, 2021 Opinion or Order Filing 57 NOTICE of Service of Second Set of Interrogatories by Jose Joaquin Santana, Jr (Attachments: #1 Envelope)(JCH)
March 2, 2021 Opinion or Order Filing 56 NOTICE of Service of Response to Request for Production and Letter in Good Faith Effort to Obtain Defendant's Required Protective Order by Jose Joaquin Santana, Jr (JCH) (Additional attachment(s) added on 3/2/2021: #1 Envelope) (JCH).
March 2, 2021 Opinion or Order Filing 55 NOTICE of Service of Response to Interrogatories and Letter in Good Faith Effort to Obtain Defendant's Required Protective Order by Jose Joaquin Santana, Jr (JCH) (Additional attachment(s) added on 3/2/2021: #1 Envelope)
February 24, 2021 Opinion or Order Filing 54 NOTICE of Service of Response to Request for Production by Aaron's, Inc. (Bland, Mallory)
February 24, 2021 Opinion or Order Filing 53 NOTICE of Service of Response to Interrogatories by Aaron's, Inc. (Bland, Mallory)
February 18, 2021 Opinion or Order Filing 52 NOTICE to Take Deposition of Plaintiff Jose Joaquin Santana by Aaron's, Inc. (Bland, Mallory)
February 17, 2021 Opinion or Order Filing 51 NOTICE of Service of First Set of Request for Production by Aaron's, Inc. (Bland, Mallory)
February 17, 2021 Opinion or Order Filing 50 NOTICE of Service of First Set of Interrogatories by Aaron's, Inc. (Bland, Mallory)
February 17, 2021 Opinion or Order Filing 49 NOTICE of Service of Additional Request for Production by Jose Joaquin Santana, Jr. (Attachments: #1 Envelope)(JCH)
January 28, 2021 Opinion or Order TEXT ONLY AMENDED SCHEDULING ORDER: The Settlement Conference is RESET for 9/9/2021 at 9:30 AM in Chambers 870 (Gulfport) before Magistrate Judge John C. Gargiulo. Counsel and Pro Se Plaintiff are instructed to submit to Judge Gargiulo, seven (7) days prior to the conference, a memorandum (3 page maximum in PDF format) setting forth a brief explanation of the case, and a candid appraisal of their respective positions, including possible settlement figures. This document is NOT to be exchanged and will be viewed only by the Court. The settlement memoranda should be sent to Judge Gargiulo via chambers e-mail (PRO SE persons must MAIL their memo instead of using the e-mail address). LOCAL COUNSEL, LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PHYSICALLY PRESENT AT THE CONFERENCE (INCLUDING INSURANCE CARRIERS WHO HAVE AUTHORITY). FAILURE TO APPEAR MAY RESULT IN SANCTIONS. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 1/28/2021 (AB)
January 27, 2021 Opinion or Order Filing 48 Unopposed MOTION to Extend Pretrial Dispositive Motions Deadline by Aaron's, Inc. (Bland, Mallory)
January 27, 2021 Opinion or Order Filing 47 Unopposed MOTION to Extend Discovery Deadline by Aaron's, Inc. (Bland, Mallory)
January 27, 2021 Opinion or Order Filing 46 Unopposed MOTION to Extend Expert Deadline by Aaron's, Inc. (Bland, Mallory)
January 27, 2021 Opinion or Order TEXT ONLY ORDER granting #46 #47 #48 Motions for Extension of Deadlines. Plaintiff's experts must be designated by May 3, 2021. Defendant's experts must be designated by June 3, 2021. Discovery shall be completed by June 14, 2021. Dispositive and Daubert-type motions are due June 28, 2021. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 1/27/21 (HM)
January 25, 2021 Opinion or Order Filing 45 NOTICE of Service of Request for Production by Jose Joaquin Santana, Jr (Attachments: #1 Envelope)(JCH)
January 25, 2021 Opinion or Order Filing 44 NOTICE of Service of Interrogatories by Jose Joaquin Santana, Jr (Attachments: #1 Envelope)(JCH)
January 7, 2021 Opinion or Order Filing 43 ANSWER to #26 Amended Complaint, by Aaron's, Inc..(Bland, Mallory)
December 21, 2020 Opinion or Order TEXT ONLY ORDER granting #42 Aaron's, Inc.'s Motion to Extend Time to File an Answer in Response to Plaintiff's Amended Complaint. The time for Aaron's, Inc. to answer or otherwise respond to the Amended Complaint is extended to 1/7/21. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 12/21/20 (HM)
December 17, 2020 Opinion or Order Filing 42 MOTION for Extension of Time to File Answer re #26 Amended Complaint, by Aaron's, Inc. (Bland, Mallory)
December 10, 2020 Opinion or Order Filing 41 ORDER granting in part and denying in part Defendant's #27 Motion to Dismiss and dismissing Plaintiff's Title VII discrimination or disparate treatment claims. Signed by District Judge Halil S. Ozerden on December 10, 2020. (ENW)
December 10, 2020 Opinion or Order TEXT ONLY ORDER setting case management deadlines. Discovery is no longer stayed. The discovery deadline is 3/12/21. The deadline for dispositive and Daubert-type motions is 3/26/21. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 12/10/20 (HM)
December 10, 2020 Opinion or Order Set/Reset Deadlines: Discovery deadline 3/12/2021. Motions deadline 3/26/2021. (HM)
June 24, 2020 Opinion or Order Filing 40 RESPONSE in Opposition re #35 MOTION to Stay Proceedings filed by Jose Joaquin Santana, Jr. (Attachments: #1 Envelope)(JCH)
June 22, 2020 Opinion or Order TEXT ONLY ORDER granting #39 Motion to Withdraw as Attorney. Attorney Candice L. Rucker is terminated from the docket as counsel for Defendant. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 6/22/20 (HM)
June 22, 2020 Opinion or Order TEXT ONLY ORDER granting #35 DEFENDANT'S MOTION TO STAY DISCOVERY. Disclosure requirements and all discovery are stayed pending ruling on #27 Defendant's Motion to Dismiss. In the event the Motion to Dismiss all claims is denied, the parties are to promptly contact the Magistrate Judge's chambers to reset deadlines. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 6/22/20 (HM)
June 17, 2020 Opinion or Order Filing 39 MOTION to Withdraw as Attorney by Aaron's, Inc. (Rucker, Candice)
June 17, 2020 Opinion or Order Filing 38 NOTICE of Service of Request for Production by Jose Joaquin Santana, Jr. (Attachments: #1 Envelope)(JCH)
June 17, 2020 Opinion or Order Filing 37 NOTICE of Service of Interrogatories by Jose Joaquin Santana, Jr. (Attachments: #1 Envelope)(JCH)
June 17, 2020 Opinion or Order DOCKET ANNOTATION as to #35. Incorrect motion relief selected. Clerk has corrected the motion relief to motion to "stay proceedings" and edited the docket text to the Memorandum in Support. (Doc. #36) (wld)
June 16, 2020 Opinion or Order Filing 36 MEMORANDUM in Support re #35 MOTION to Stay Proceedings/Discovery Deadline) filed by Aaron's, Inc. (Turner - PHV, Elizabeth) Modified on 6/17/2020 (wld).
June 16, 2020 Opinion or Order Filing 35 MOTION to Stay Proceedings/Discovery Deadline) by Aaron's, Inc. (Turner - PHV, Elizabeth) Modified on 6/17/2020 (wld).
June 15, 2020 Opinion or Order Filing 34 NOTICE of Service of Pre-Discovery Disclosure by Aaron's, Inc. (Bland, Mallory)
June 4, 2020 Opinion or Order Filing 33 ACKNOWLEDGMENT OF Receipt filed as to document #32 received on 6/2/20. (JCH)
June 1, 2020 Opinion or Order Filing 32 CASE MANAGEMENT ORDER: Disclosure due by 6/15/2020. Jury Trial set for a three week trial calendar beginning on 2/7/2022 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Pretrial Conference set for 1/18-20/2022 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Discovery due by 1/11/2021. Motions for Amended Pleadings due by 7/1/2020. Motions for Joinder of Parties due by 7/1/2020. Designate Experts Plaintiff Deadline due by 8/3/2020. Designate Experts for Defendant Deadline due by 9/3/2020. Motions due by 1/25/2021. Settlement Conference set for 5/18/2021 at 1:30 PM in Chambers 672 (Gulfport) before Magistrate Judge John C. Gargiulo. ADR Report due by 1/11/2022. Proposed Pretrial Order due by 1/18/2022. EDT: 2-3 days. Parties do not consent. Signed by Magistrate Judge John C. Gargiulo on 6/1/2020 (AB)
June 1, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephonic Case Management Conference held on 6/1/2020. PARTICIPANTS: Jose Joaquin Santana, Jr. (Pro se Plaintiff); Mallory K. Bland, Kayla L. Robinson - PHV and Elizabeth Bulat Turner - PHV (counsel for Defendants). A Case Management Order will be entered. (AB)
April 28, 2020 Opinion or Order Filing 31 RESPONSE in Support re #27 MOTION to Dismiss Amended Complaint #26 for Failure to State a Claim filed by Aaron's, Inc. (Turner - PHV, Elizabeth)
April 21, 2020 Opinion or Order Filing 30 RESPONSE in Opposition re #27 MOTION to Dismiss Amended Complaint #26 for Failure to State a Claim filed by Jose Joaquin Santana, Jr. (JCH)
April 14, 2020 Opinion or Order Filing 29 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 6/1/2020 at 11:00 AM before Magistrate Judge John C. Gargiulo. (AB)
April 13, 2020 Opinion or Order Filing 28 MEMORANDUM in Support re #27 MOTION to Dismiss Amended Complaint #26 for Failure to State a Claim filed by Aaron's, Inc. (Turner - PHV, Elizabeth)
April 13, 2020 Opinion or Order Filing 27 MOTION to Dismiss Amended Complaint #26 for Failure to State a Claim by Aaron's, Inc. (Turner - PHV, Elizabeth)
March 30, 2020 Opinion or Order Filing 26 AMENDED COMPLAINT against Aaron's, Inc., filed by Jose Joaquin Santana, Jr. (Attachments: #1 Exhibit A - Arbitration Agreement Election Form, #2 Exhibit B - EEOC Dismissal and Notice of Rights, #3 Exhibit C - SSA letter, #4 Exhibit D - Visual Fields Test, #5 Exhibit E - Letter from Sam Rhinehart, #6 Exhibit F - Report Details)(JCH)
March 16, 2020 Opinion or Order Filing 25 NOTICE of Appearance by Mallory K. Bland on behalf of Aaron's, Inc. (Bland, Mallory)
March 12, 2020 Opinion or Order Filing 24 ORDER granting in part and denying in part Defendant Aaron's, Inc.'s #7 Motion to Dismiss for Failure to State a Claim and requiring Plaintiff to file an Amended Complaint. Signed by District Judge Halil S. Ozerden on March 12, 2020. (ENW)
March 12, 2020 Opinion or Order TEXT ONLY ORDER granting Defendant Aaron's, Inc.'s #18 Motion to Strike Plaintiff's Unauthorized Sur-reply. Local Uniform Civil Rule 7(b)(4) does not contemplate a sur-reply or sur-rebuttal, see L.U. Civ. R. 7(b)(4), and Plaintiff did not seek leave of Court before filing his #17 Sur-reply. Nor has Plaintiff responded to Defendant's #18 Motion to Strike, and it is therefore unopposed. The Court will grant Defendant's #18 Motion to Strike and not consider it in resolving Defendant's #7 Motion to Dismiss. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on March 12, 2020. (ENW)
February 27, 2020 Opinion or Order Filing 23 NOTICE of Appearance by Candice L. Rucker on behalf of Aaron's, Inc. (Rucker, Candice)
February 24, 2020 Opinion or Order TEXT ONLY ORDER granting #22 Motion of Attorney Jessica Terrill Pulliam to Withdraw as Counsel. Attorney Jessica Terrill Pulliam is granted leave to withdraw and terminated from the docket. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 2/24/20 (HM)
February 21, 2020 Opinion or Order Filing 22 MOTION to Withdraw as Attorney by Aaron's, Inc. (Pulliam, Jessica)
October 8, 2019 Opinion or Order TEXT ONLY ORDER granting #21 Motion to Appear Pro Hac Vice of Kayla L. Robinson. Kayla L. Robinson is admitted pro hac vice in this case on behalf of Defendant in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 10/8/2019 (AB)
October 3, 2019 Opinion or Order Filing 21 MOTION for Kayla L. Robinson to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4105223) by Aaron's, Inc. (Attachments: #1 Exhibit Certificate of Good Standing)(Pulliam, Jessica)
August 27, 2019 Opinion or Order Filing 20 NOTICE of Appearance by Jason T. Marsh on behalf of Aaron's, Inc. (Marsh, Jason)
August 7, 2019 Opinion or Order Filing 19 MEMORANDUM in Support re #18 MOTION to Strike Plaintiff's Unauthorized Sur-Reply and Brief in Support filed by Aaron's, Inc. (Turner - PHV, Elizabeth)
August 7, 2019 Opinion or Order DOCKET ANNOTATION as to # 18. Memoranda in support should be filed separately and shown as a related document to the motion (Court's Administrative Procedures for Electronic Case Filing Sec. 3.A.7). Attorney is directed to file the Memorandum as a separate document and link it to the appropriate document. (JCH)
August 6, 2019 Opinion or Order Filing 18 MOTION to Strike Plaintiff's Unauthorized Sur-Reply and Brief in Support by Aaron's, Inc. (Attachments: #1 Attachment)(Turner - PHV, Elizabeth)
August 5, 2019 Opinion or Order Filing 17 Rebuttal/Reply Brief re #7 First MOTION to Dismiss filed by Jose Joaquin Santana, Jr. (JCH)
August 5, 2019 Opinion or Order DOCKET ANNOTATION as to # 16. Incorrect linkage made. The Reply should be linked to the Motion to Dismiss. All related filings to motions (using the "Responses and Replies" category, with the exception of "Response to Order") should be linked back to the original motion. Court staff has made the correction. (JCH)
August 2, 2019 Opinion or Order Filing 16 REPLY to Response to Motion re #15 Response in Opposition to #7 Motion to Dismiss filed by Aaron's, Inc. (Turner - PHV, Elizabeth) Modified to add link to Motion on 8/5/2019 (JCH).
July 29, 2019 Opinion or Order Filing 15 RESPONSE in Opposition re #7 First MOTION to Dismiss filed by Jose Joaquin Santana, Jr (Attachments: #1 Exhibit A - Eye Associates of the South Central 24-2 Threshold Test)(PKS)
July 26, 2019 Opinion or Order TEXT ONLY ORDER granting #14 Motion to Appear Pro Hac Vice of William S. Fawcett. William S. Fawcett is admitted pro hac vice in this case on behalf of Defendant Aarons Inc. in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 7/26/2019 (AB)
July 26, 2019 Opinion or Order TEXT ONLY ORDER granting #13 Motion to Withdraw as Counsel for Defendant, filed by JonVieve D. Hill. Hill is granted leave to withdraw as counsel for Defendant and terminated from the docket. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 7/26/19 (HM)
July 26, 2019 Opinion or Order TEXT ONLY ORDER granting as unopposed Defendant's Motion to Stay Pretrial Deadlines and Discovery #9 . "If a party fails to respond to any motion, other than a dispositive motion, within the time allotted, the court may grant the motion as unopposed." L.U.Civ.R. 7(b)(3)(E). The attorney conference and disclosure requirements and all discovery are stayed, pending the Court's ruling on Defendant's Motion to Dismiss #7 . NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 7/26/19 (HM)
July 24, 2019 Opinion or Order Filing 14 MOTION for William S. Fawcett to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4043351) by Aaron's, Inc. (Attachments: #1 Exhibit Certificate of Good Standing)(Pulliam, Jessica)
July 16, 2019 Opinion or Order Filing 13 MOTION to Withdraw as Attorney for Defendant by Aaron's, Inc. (Hill - PHV, JonVieve)
July 16, 2019 Opinion or Order DOCKET ANNOTATION as to # 12. Attorney is advised that this document should be re-filed as a Motion to Withdraw as Counsel. This document will be disregarded on the docket. (JCH)
July 15, 2019 Opinion or Order Filing 12 **DISREGARD**NOTICE of Withdraw as Counsel for Defendant by Aaron's, Inc. (Hill - PHV, JonVieve) Modified on 7/16/2019 (JCH).
June 17, 2019 Opinion or Order DOCKET ANNOTATION as to # 9. Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (JCH)
June 14, 2019 Opinion or Order Filing 11 Corporate Disclosure Statement by Aaron's, Inc. (Hill - PHV, JonVieve)
June 14, 2019 Opinion or Order Filing 10 MEMORANDUM in Support re #9 First MOTION to Stay Proceedings filed by Aaron's, Inc. (Hill - PHV, JonVieve)
June 14, 2019 Opinion or Order Filing 9 First MOTION to Stay Proceedings by Aaron's, Inc. (Attachments: #1 Attachment Proposed Order)(Hill - PHV, JonVieve)
June 14, 2019 Opinion or Order Filing 8 MEMORANDUM in Support re #7 First MOTION to Dismiss filed by Aaron's, Inc. (Hill - PHV, JonVieve)
June 14, 2019 Opinion or Order Filing 7 First MOTION to Dismiss by Aaron's, Inc. (Hill - PHV, JonVieve)
June 14, 2019 Opinion or Order TEXT ONLY ORDER granting #5 Motion to Appear Pro Hac Vice of JonVieve D. Hill; granting #6 Motion to Appear Pro Hac Vice of Elizabeth B. Turner. JonVieve D. Hill and Elizabeth B. Turner are admitted pro hac vice in this case on behalf of Defendant Aarons, Inc. in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 6/14/2019 (AB)
June 13, 2019 Opinion or Order Filing 6 MOTION for Elizabeth B. Turner to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4011468) by Aaron's, Inc. (Attachments: #1 Exhibit Letter of Good Standing)(Pulliam, Jessica)
June 13, 2019 Opinion or Order Filing 5 MOTION for JonVieve D. Hill to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4011460) by Aaron's, Inc. (Attachments: #1 Exhibit Letter of Good Standing)(Pulliam, Jessica)
May 31, 2019 Opinion or Order Filing 4 Letter sent to JonVieve D. Hill on 5/31/19 requesting PHV motion, proposed order and fee. (JCH)
May 31, 2019 Opinion or Order Filing 3 WAIVER OF SERVICE Returned Executed by Jose Joaquin Santana, Jr. Aaron's, Inc. waiver sent on 4/17/2019, answer due 6/17/2019. (Attachments: #1 Cover Letter)(JCH)
April 17, 2019 Opinion or Order Filing 2 REQUEST FOR WAIVER of Service sent to Aaron's Inc. c/o Legal Department on 4/17/2019 by Jose Joaquin Santana, Jr. Waiver of Service due by 6/3/2019. (JCH)
April 17, 2019 Opinion or Order Filing 1 COMPLAINT against Aaron's, Inc. (Filing fee $ 400; receipt number 14643011262), filed by Jose Joaquin Santana, Jr. Jury trial requested. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Arbitration Agreement, #3 Exhibit B - EEOC Right to Sue, #4 Exhibit C - Email from Gulf Coast Regional Manager, #5 Exhibit D - Collective Action Form, #6 Exhibit E - Corrective Action Form, #7 Exhibit F - Email from Steve Smith, #8 Exhibit G - Email from Jose Santana, #9 Exhibit H - Report Details, #10 Exhibit I - Corrective Action Form, #11 Exhibit J - Corrective Action Form)(JCH) (Additional attachment(s) added on 4/17/2019: #12 Notice of Assignment) (JCH).

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Search for this case: Santana v. Aaron's, Inc.
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Plaintiff: Jose Joaquin Santana, Jr.
Represented By: Greta K Martin
Represented By: David Hunter V. Robertson
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Defendant: Aaron's, Inc.
Represented By: JonVieve D. Hill - PHV
Represented By: Elizabeth Bulat Turner - PHV
Represented By: Jessica T. Pulliam
Represented By: Kayla L. Robinson - PHV
Represented By: Candice L. Rucker
Represented By: Jason T. Marsh
Represented By: Jessica Terrill
Represented By: Lauren Reeder McCrory
Represented By: Mallory K. Bland
Represented By: Matthew D. Treco - PHV
Represented By: Michael F. Held
Represented By: William S. Fawcett - PHV
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