Timberlake v. International Brotherhood of Teamsters et al
Michelle Timberlake |
Roadway Express, Inc., Wayne Phillips, Teamsters Local Union No. 891 and International Brotherhood of Teamsters |
4:2008cv00091 |
August 18, 2008 |
US District Court for the Southern District of Mississippi |
Civil Rights: Jobs Office |
Adams |
F Keith Ball |
Daniel P Jordan |
Civil Rights: Jobs |
42 U.S.C. § 2000 |
Plaintiff |
Docket Report
This docket was last retrieved on August 26, 2011. A more recent docket listing may be available from PACER.
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Filing 88 Remark: appeal record recycled. (TLC) |
Filing 87 CERTIFIED COPY OF USCA JUDGMENT/MANDATE affirming Judgment of the District Court as to #80 Notice of Appeal filed by Michelle Timberlake. Plaintiff-appellant to pay defendants-appellees the costs on appeal. ISSUED AS MANDATE 8/16/11. (Attachments: #1 USCA Transmittal Letter)(PKM) |
Filing 86 Copy of Opinion - USCA affirming re #80 Notice of Appeal (PKM) |
Filing 85 Letter sent to Judge Jordan from Michelle Timberlake. (SP) |
Certified and Transmitted Record on Appeal to US Court of Appeals re #80 Notice of Appeal 9 volumes ROA to USCA via UPS. (TLC) |
RE-Certified and Electronically Transmitted Record on Appeal to US Court of Appeals re #80 Notice of Appeal. (RRL) |
Certified and Electronically Transmitted Record on Appeal to US Court of Appeals re #80 Notice of Appeal. (TLC) |
USCA Case Number 10-60632 for #80 Notice of Appeal filed by Michelle Timberlake. (TLC) |
Filing 84 Costs Taxed in amount of $ 2,457.00 against Plaintiff. (TLC) |
Filing 83 Costs Taxed in amount of $ 3,110.60 against Plaintiff. (TLC) |
Filing 82 BILL OF COSTS by Roadway Express, Inc. (Williams - PHV, Jeffrey) |
Filing 81 BILL OF COSTS by International Brotherhood of Teamsters, Teamsters Local Union No. 891 (Attachments: #1 Affidavit Affidavit of Samuel Morris)(Morris - PHV, Samuel) |
Filing 80 NOTICE OF APPEAL as to #79 Judgment by Michelle Timberlake. Filing fee $ 455, receipt number 34643004513. Appeal Record due by 8/14/2010 (RRL) |
Filing 79 JUDGMENT in favor of defendants, dismissing this case with prejudice. Signed by District Judge Daniel P. Jordan, III on 7/2/10.(RRL) |
Filing 78 ORDER granting #70 Motion for Summary Judgment; granting #72 Motion for Summary Judgment as set out in the order. A judgment will be entered in a separate docket entry to follow. Signed by District Judge Daniel P. Jordan III on July 2, 2010. (SP) |
TEXT ONLY ORDER granting parties' ore tenus motion to cancel settlement conference previously scheduled for May 7, 2010. Parties may contact the court for an alternative date in the event that they determine that a settlement conference would be beneficial. Signed by Magistrate Judge F. Keith Ball on May 6, 2010. NO FURTHER WRITTEN ORDER TO ENTER. (DCL) |
Filing 77 Rebuttal re #75 Response to Motion filed by Teamsters Local Union No. 891, Wayne Phillips (Attachments: #1 Exhibit Unpublished Case, #2 Exhibit Unpublished Case)(Morris - PHV, Samuel) |
Filing 76 Rebuttal re #75 Response to Motion for Summary Judgment filed by Roadway Express, Inc. (Attachments: #1 Errata A)(Williams - PHV, Jeffrey) |
Filing 75 RESPONSE to Motion re #72 MOTION for Summary Judgment, #70 MOTION for Summary Judgment filed by Michelle Timberlake (White, Kevin) |
TEXT ONLY ORDER granting #74 Unopposed Motion for Extension of Time to File Response to Roadway Express' Motion for Summary Judgment. Plaintiff's Response is due April 7, 2010. Signed by District Judge Daniel P. Jordan III on March 25, 2010. (eqh) |
Filing 74 MOTION for Extension of Time to File Response/Reply as to #70 MOTION for Summary Judgment of Defendant Roadway Express by Michelle Timberlake (White, Kevin) |
Filing 73 MEMORANDUM in Support re #72 MOTION for Summary Judgment filed by Teamsters Local Union No. 891, Wayne Phillips (Morris - PHV, Samuel) |
Filing 72 MOTION for Summary Judgment by Teamsters Local Union No. 891, Wayne Phillips (Attachments: #1 Exhibit Timberlake Depo Vol. 4, #2 Exhibit Unpublished Cases Cited)(Morris - PHV, Samuel) |
Filing 71 MEMORANDUM in Support re #70 MOTION for Summary Judgment filed by Roadway Express, Inc. (Attachments: #1 Exhibit A-1 Pl's Dep. Vol I pp. 1-138, #2 Exhibit A-2 Pl's Dep. Vol I pp. 139-276, #3 Exhibit B Santarelli Declaration, #4 Exhibit C Pl's Dep. Vol III, #5 Exhibit D-1 Pl's Dep. Vol. II pp. 1-132, #6 Exhibit D-2 Pl's Dep. Vol. II pp. 133-264, #7 Exhibit E-1 Pl's Dep. Exh. 1-7, #8 Exhibit E-2 Pl's Dep. Exh. 8 pp. 1-54, #9 Exhibit E-3 Pl's Dep. Exh. 8 pp. 55-109, #10 Exhibit E-4 Pl's Dep. Exh. 8 pp. 110-162, #11 Exhibit E-5 Pl's Dep. Exhs. 9-23, #12 Exhibit E-6 Pl's Dep. Exh. 24-26, #13 Exhibit Ex. E-7 Pl's Dep. Exh. 27-34, #14 Exhibit F Ricker Declaration)(Williams - PHV, Jeffrey) |
Filing 70 MOTION for Summary Judgment by Roadway Express, Inc. (Williams - PHV, Jeffrey) |
Text-only ORDER granting #69 Motion to Substitute Attorney. Signed by Magistrate Judge F. Keith Ball on 2/10/10. NO FURTHER WRITTEN ORDER WILL BE ISSUED. (dfk) |
Filing 69 MOTION to Substitute Attorney of Record for Plaintiff by Michelle Timberlake (White, Kevin) |
Filing 68 ADMINISTRATIVE ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge F. Keith Ball for all further proceedings. Magistrate Judge James C. Sumner no longer assigned to case Signed by District Judge Henry T. Wingate on 1/29/10 (SEC) |
TEXT ONLY ORDER. The deadline for motions in limine is ten days before the pretrial conference on August 6; the deadline for responses is five days before the pretrial conference. Signed by District Judge Daniel P. Jordan III on January 26, 2010. No further written order will follow. (eqh) |
Filing 67 ORDER granting #58 Motion to Continue; terminating #59 Motion for Summary Judgment; granting #65 Motion for Extension of Time to File. The new deadlines will be set out in a separate docket entry to follow. Signed by District Judge Daniel P. Jordan III on November 18, 2009. (SP) |
Set/Reset Hearings: Jury Trial reset for the Court's calendar beginning September 7, 2010 at 9:00 a.m. in Courtroom 2 (Jackson) before District Judge Daniel P. Jordan III; Pretrial Conference reset for August 6, 2010 in chambers at a time to be determined by the Court at a later date before District Judge Daniel P. Jordan III; and Settlement Conference reset for May 7, 2009 at 10:00 a.m. before Magistrate Judge James C. Sumner. Set/Reset Deadlines: Discovery due by Mary 1, 2010 and Dispositive Motions due by April 1, 2010. (SP) |
NOTICE OF CANCELLATION OF SETTLEMENT CONFERENCE. The Court spoke with the parties by telephone in view of the scheduled Settlement Conference. The Settlement Conference scheduled for 11/19/09 is CANCELLED and will be reset by a new scheduling order and/or by request of the parties if they so desire. (CSF) |
Filing 66 MEMORANDUM in Support re #65 MOTION for Extension of Time to File Motion for Summary Judgment filed by Teamsters Local Union No. 891, Wayne Phillips (Morris - PHV, Samuel) |
Filing 65 MOTION for Extension of Time to File Motion for Summary Judgment by Teamsters Local Union No. 891, Wayne Phillips (Morris - PHV, Samuel) |
Filing 64 RESPONSE to Motion re #58 MOTION to Continue, #63 Memorandum in Opposition to Motion filed by Teamsters Local Union No. 891, Wayne Phillips (Morris - PHV, Samuel) |
Filing 63 MEMORANDUM in Opposition re #58 MOTION to Continue filed by Roadway Express, Inc. (Williams - PHV, Jeffrey) |
Filing 62 ATTACHMENT re #59 MOTION for Summary Judgment by Roadway Express, Inc. (Attachments: #1 Exhibit Unreported Cases)(Williams - PHV, Jeffrey) |
Filing 61 ATTACHMENT re #59 MOTION for Summary Judgment by Roadway Express, Inc. (Attachments: #1 Exhibit E-5 Pl's Dep. Exhibits 9-23, #2 Exhibit E-6 Pl's Dep. Exhibits 24-26, #3 Errata E-7 Pl's Dep. Exhibits 27-34, #4 Exhibit F Ricker Declaration)(Williams - PHV, Jeffrey) |
Filing 60 ATTACHMENT re #59 MOTION for Summary Judgment by Roadway Express, Inc. (Attachments: #1 Exhibit D-2 Pl's Dep. Vol II pp. 67-132, #2 Exhibit D-3 Pl's Dep. Vol II pp. 133-198, #3 Exhibit D-4 Pl's Dep. Vol II pp. 199-264, #4 Exhibit E-1 Pl's Dep. Exhibits 1-7, #5 Exhibit E-2 Pl's Dep. Exhibit 8 pp. 1-54, #6 Exhibit E-3 Pl's Dep. Exhibit 8 pp. 55-109)(Williams - PHV, Jeffrey) |
Filing 59 MOTION for Summary Judgment by Roadway Express, Inc. (Attachments: #1 Supplement Memorandum in Support, #2 Exhibit A-1 Pl's Dep. Vol. I pp.1-69, #3 Exhibit A-2 Pl's Dp. Vol I pp. 70-138, #4 Exhibit A-3 Pl's Dep. Vol I pp. 139-207, #5 Exhibit A-4 Pl's Dep. Vol I pp. 208 276, #6 Exhibit B - Santarelli Declaration, #7 Exhibit C-1 Pl's Dep. Vol III pp. 1-59, #8 Exhibit C-2 Pl's Dep. Vol III pp. 60-118, #9 Exhibit C-3 Pl's Dep. Vol III pp. 119-177)(Williams - PHV, Jeffrey) |
Filing 58 MOTION to Continue by Michelle Timberlake (White, Kevin) |
Filing 57 NOTICE to Take Deposition of Michelle Timberlake by Teamsters Local Union No. 891, Wayne Phillips (Morris - PHV, Samuel) |
Filing 56 NOTICE to Take Deposition of Michelle Timberlake by Teamsters Local Union No. 891, Wayne Phillips (Morris - PHV, Samuel) |
Filing 55 ORDER denying #54 Motion for Extension of Time to Complete Discovery Signed by Magistrate Judge James C. Sumner on 10/16/09 (dfk) |
Filing 54 MOTION for Extension of Time to Complete Discovery by Michelle Timberlake (White, Kevin) |
Filing 53 ORDER granting #47 Motion to Compel IME. Signed by Magistrate Judge James C. Sumner on 10/15/09 (dfk) |
Filing 52 NOTICE to Take Deposition of Michelle Timberlake by Teamsters Local Union No. 891, Wayne Phillips (Morris - PHV, Samuel) |
Filing 51 NOTICE of Service of Supplemental Disclosure by Roadway Express, Inc. (Garner, Richard) |
Filing 50 NOTICE to Take Deposition of Michelle Timberlake by Teamsters Local Union No. 891, Wayne Phillips (Morris - PHV, Samuel) |
Filing 49 NOTICE of Service of Response to Interrogatories by Michelle Timberlake (White, Kevin) |
Filing 48 NOTICE to Take Deposition of Michelle Timberlake by Roadway Express, Inc. (Garner, Richard) |
TEXT ONLY ORDER granting #45 Motion for Extension of Time to Complete Discovery and for extension of motion deadline. Discovery deadline is reset to October 16, 2009, and motion deadline is reset to October 30, 2009. Signed by Magistrate Judge James C. Sumner on September 23, 2009. NO FURTHER WRITTEN ORDER TO ENTER. (DCL) |
Set/Reset Deadlines: Discovery due by 10/16/2009 Motions due by 10/30/2009 (DCL) |
Filing 47 MOTION to Compel Independent Mental Examination of Plaintiff by Roadway Express, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Williams - PHV, Jeffrey) |
Filing 46 NOTICE to Take Deposition of Michelle Timberlake by Roadway Express, Inc. (Garner, Richard) |
Filing 45 Joint MOTION for Extension of Time to Complete Discovery and Motion Deadlines by Michelle Timberlake, International Brotherhood of Teamsters, Teamsters Local Union No. 891, Roadway Express, Inc., Wayne Phillips (Garner, Richard) |
Filing 44 NOTICE of Service of Request for Production by International Brotherhood of Teamsters, Wayne Phillips (Morris - PHV, Samuel) |
Filing 43 NOTICE to Take Deposition of Michelle Timberlake by Roadway Express, Inc. (Garner, Richard) |
Filing 42 NOTICE to Take Deposition of Michelle Timberlake by Teamsters Local Union No. 891 (Morris - PHV, Samuel) |
Filing 41 NOTICE of Service of Request for Production and Interrogatories by Teamsters Local Union No. 891 (Morris - PHV, Samuel) |
Filing 40 Subpoena Returned Executed as to Womans Group of Meridian. (Jones, Michael) |
Filing 39 Subpoena Returned Executed as to Total Pain Care, LLC. (Jones, Michael) |
Filing 38 Subpoena Returned Executed as to Riley Hospital. (Jones, Michael) |
Filing 37 Subpoena Returned Executed as to Professional Therapy Services Inc.. (Jones, Michael) |
Filing 36 Subpoena Returned Executed as to The Clarion Ledger. (Jones, Michael) |
Filing 35 NOTICE of Service of Response to Request for Production by Michelle Timberlake (White, Kevin) |
Filing 34 NOTICE of Service of Response to Interrogatories by Michelle Timberlake (White, Kevin) |
Filing 33 NOTICE to Take Deposition of Plaintiff by Roadway Express, Inc. (Jones, Michael) |
Filing 32 NOTICE of Service of Request for Production by Michelle Timberlake (White, Kevin) |
Filing 31 NOTICE of Service of Request for Admissions by Michelle Timberlake (White, Kevin) |
Filing 30 NOTICE of Service of Interrogatories by Michelle Timberlake (White, Kevin) |
Filing 29 NOTICE of Service of Deposition Notice by Teamsters Local Union No. 891, Wayne Phillips (Morris - PHV, Samuel) |
Filing 28 NOTICE of Service of Disclosure by Teamsters Local Union No. 891, Wayne Phillips (Morris - PHV, Samuel) |
Filing 27 NOTICE of Service of Disclosure by Michelle Timberlake (White, Kevin) |
Filing 26 NOTICE of Service of Disclosure by Roadway Express, Inc. (Garner, Richard) |
Filing 25 SCHEDULING ORDER: CJRA Track : Standard. Amended Pleadings due by 4/14/2009, Joinder of Parties due by 4/14/2009, Designate Experts Plaintiff Deadline due by 6/15/2009, Designate Experts for Defendant Deadline due by 7/13/2009, Discovery due by 9/14/2009, Motions due by 9/28/2009, Settlement Conference set for 11/19/2009 10:00 AM before Magistrate Judge James C. Sumner, Final Pretrial Conference set for 2/5/2010 before District Judge Daniel P. Jordan III, Jury Trial set during a two-week term of court beginning 3/1/2010 in Courtroom 2 (Jackson) before District Judge Daniel P. Jordan III. Signed by Magistrate Judge James C. Sumner on March 17, 2009 (CSF) |
Minute Entry for proceedings held before Magistrate Judge James C. Sumner: Telephonic Case Management Conference held on 3/16/2009 (CSF) |
Filing 24 NOTICE of Voluntary Dismissal by Michelle Timberlake (White, Kevin) |
Filing 23 Rule 16.1(A) Initial Order Telephonic Case Management Conference set for 3/16/2009 10:30 AM before Magistrate Judge James C. Sumner (CSF) |
TEXT ONLY ORDER granting #22 Motion to Appear Pro Hac Vice, that Joyce Ackerbaum Cox be admitted pro hac vice in this case on behalf of Roadway Express, Inc. in association with local counsel, upon payment of the required fee and upon registration for electronic filing as required by the Court. NO WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge James C. Sumner on January 23, 2009 (CSF) |
Filing 22 MOTION for Joyce Ackerbaum Cox to Appear Pro Hac Vice by Roadway Express, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Jones, Michael) |
Filing 21 MOTION for Jeffrey T. Williams to Appear Pro Hac Vice by Roadway Express, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Jones, Michael) |
TEXT ONLY ORDER granting #21 Motion to Appear Pro Hac Vice, that Jeffrey T. Williams be admitted pro hac vice in this case on behalf of Roadway Express, Inc. in association with local counsel, upon payment of the required fee and upon registration for electronic filing as required by the Court. NO WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge James C. Sumner on January 14, 2009 (CSF) |
Filing 20 Corporate Disclosure Statement by Roadway Express, Inc. (Garner, Richard) |
Filing 19 ANSWER to #1 Complaint with Jury Demand and Affirmative Defenses by Roadway Express, Inc..(Garner, Richard) |
TEXT ONLY ORDER denying without prejudice #16 Motion to Appear Pro Hac Vice; denying #17 Motion to Appear Pro Hac Vice, that the motions for admission of Joyce Ackerbaum Cox and Jeffrey T. Williams on behalf of Roadway Express are denied without prejudice for failure to submit a CURRENT Certificate of Good Standing. NO WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge James C. Sumner on January 12, 2009 (CSF) |
Filing 18 ANSWER to #1 Complaint by Teamsters Local Union No. 891, Wayne Phillips.(Martin, Bobby) |
Filing 17 MOTION for Jeffrey T. Williams to Appear Pro Hac Vice by Roadway Express, Inc. (Attachments: #1 Exhibit, #2 Exhibit)(Jones, Michael) |
Filing 16 MOTION for Joyce Ackerbaum Cox to Appear Pro Hac Vice by Roadway Express, Inc. (Attachments: #1 Exhibit, #2 Exhibit)(Jones, Michael) |
Pro Hac Vice fee paid for Jeffrey T. Williams receipt number 05380000000001193502 $ 100 (Jones, Michael) |
Pro Hac Vice fee paid for Joyce Ackerbaum Cox receipt number 05380000000001193496 $ 100 (Jones, Michael) |
Filing 15 ORDER granting #13 Motion to Appear Pro Hac Vice, that Samuel Morris is hereby admitted pro hac vice on behalf of the defendants Teamsters Local Union No. 891 and Larry Wayne Phillips, in association with local counsel, upon payment of the required fee and upon registration for electronic filing as required by the court. Signed by Magistrate Judge James C. Sumner on December 17, 2008 (CSF) |
Filing 14 AFFIDAVIT re #13 MOTION for Samuel Morris to Appear Pro Hac Vice fee paid by credit card by Teamsters Local Union No. 891, Wayne Phillips (Martin, Bobby) |
DOCKET ANNOTATION as to #12. Copy of signed order attached. (CSF) |
Filing 13 MOTION for Samuel Morris to Appear Pro Hac Vice fee paid by credit card by Teamsters Local Union No. 891, Wayne Phillips (Attachments: #1 Exhibit Certificate of Good Standing)(Martin, Bobby) |
Pro Hac Vice fee paid for Samuel Morris receipt number 05380000000001179400 $ 100 (Martin, Bobby) |
Filing 12 ORDER granting #11 Motion for Extension of Time to Answer re #1 Complaint. Teamsters Local Union No. 891 answer due 1/12/2009; Wayne Phillips answer due 1/12/2009. Signed by Magistrate Judge James C. Sumner on December 12, 2008 (CSF) (Additional attachment(s) added on 12/16/2008: #1 Order) (CSF). |
Filing 11 MOTION for Extension of Time to File Answer re #1 Complaint by Teamsters Local Union No. 891, Wayne Phillips (Martin, Bobby) |
Filing 10 NOTICE of Appearance by Bobby F. Martin, Jr on behalf of Teamsters Local Union No. 891, Wayne Phillips (Martin, Bobby) |
Text-only ORDER granting #9 Motion for Extension of Time to File. Signed by Magistrate Judge James C. Sumner on 12/11/08. NO FURTHER WRITTEN ORDER WILL BE ISSUED. (dfk) |
Filing 9 MOTION for Extension of Time to File and Serve Complaint by Michelle Timberlake (Attachments: #1 Exhibit A, #2 Exhibit B)(White, Kevin) |
Filing 8 SUMMONS Returned Executed by Michelle Timberlake Teamsters Local Union No. 891 served on 11/20/2008, answer due 12/10/2008. (White, Kevin) |
Filing 7 SUMMONS Returned Executed by Michelle Timberlake Wayne Phillips served on 11/20/2008, answer due 12/10/2008. (White, Kevin) |
Filing 6 NOTICE of Appearance by Michael Scott Jones on behalf of Roadway Express, Inc. (Jones, Michael) |
Filing 5 ORDER granting #4 Motion for Extension of Time to Answer. Roadway Express, Inc. answer due 1/15/2009. Signed by Magistrate Judge James C. Sumner on December 9, 2008 (CSF) |
Filing 4 MOTION for Extension of Time to File Answer re #1 Complaint by Roadway Express, Inc. (Garner, Richard) |
DOCKET ANNOTATION as to # 3 -- document to be re-filed as Motion for Extension of Time to Answer Complaint. (RRL) |
Filing 3 MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Roadway Express, Inc. (Garner, Richard) |
Filing 2 Summons Issued as to International Brotherhood of Teamsters, Teamsters Local Union No. 891, Roadway Express, Inc., Wayne Phillips. (RRL) |
Filing 1 COMPLAINT against all defendants ( Filing fee $ 350 receipt number JO27097), filed by Michelle Timberlake. [JURY DEMAND] (Attachments: #1 Civil Cover Sheet)(RRL) |
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