Wilborn v. Silgan Dispensing Systems et al
Plaintiff: James Wilborn
Defendant: Silgan Dispensing Systems and DSI Security Systems
Case Number: 4:2022cv00259
Filed: April 21, 2022
Court: US District Court for the Western District of Missouri
Presiding Judge: Fernando J Gaitan
Referring Judge: Beth Phillips
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1332 Diversity-Employment Discrimination
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 17, 2023 Opinion or Order Filing 36 Clerk's ORDER OF DISMISSAL. (Murphy-Carr, Shauna) (Main Document 36 replaced on 1/17/2023) (Murphy-Carr, Shauna).
January 16, 2023 Opinion or Order Filing 35 NOTICE of voluntary dismissal by James Wilborn (Lunceford, David)
January 13, 2023 Opinion or Order Filing 34 ORDER. This case has reached resolution. The parties are ordered to file either dismissal paperwork or a joint status report by March 1, 2023. Signed on 1/13/23 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
November 16, 2022 Opinion or Order NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP)
November 14, 2022 Opinion or Order Filing 33 PROTECTIVE ORDER. The Court enters a Protective Order. Signed on 11/14/22 by Chief District Judge Beth Phillips. (Cordell, Annette)
November 12, 2022 Opinion or Order Filing 32 First CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by David A Lunceford on behalf of Plaintiff James Wilborn.(Lunceford, David)
November 11, 2022 Opinion or Order Filing 31 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Colin J. Finnegan on behalf of Defendant Silgan Dispensing Systems.(Finnegan, Colin)
November 11, 2022 Opinion or Order Filing 30 DESIGNATION OF MEDIATOR naming Michelle Minor(Finnegan, Colin)
November 11, 2022 Opinion or Order Filing 29 Joint MOTION for protective order filed by Colin J. Finnegan on behalf of Silgan Dispensing Systems. Suggestions in opposition/response due by 11/25/2022 unless otherwise directed by the court. (Finnegan, Colin)
November 8, 2022 Opinion or Order Filing 28 SCHEDULING ORDER: Discovery due by 5/24/2023. Dispositive Motions due by 6/28/2023. Telephone Conference set for 10/19/2023 10:00 AM. Pretrial Conference set for 11/2/2023 01:30 PM Courtroom 7A, Kansas City (BP) before Chief District Judge Beth Phillips. Jury Trial set for 11/13/2023 08:30 AM in Courtroom 7A, Kansas City (BP) before Chief District Judge Beth Phillips. Signed on 11/8/22 by Chief District Judge Beth Phillips. (Cordell, Annette)
November 2, 2022 Opinion or Order Filing 27 Joint PROPOSED SCHEDULING ORDER by Silgan Dispensing Systems. (Ericsson, Shelley)
October 14, 2022 Opinion or Order Filing 26 ORDER: Proposed scheduling order due by 11/2/2022. Signed on 10/14/2022 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Wolfe, Steve)
October 13, 2022 Opinion or Order Filing 25 ORDER granting #14 The Motion to Dismiss filed by Defendant Dothan Security, Inc. (Dothan), is GRANTED. Signed on 10/13/22 by Chief District Judge Beth Phillips. (Cordell, Annette)
September 29, 2022 Opinion or Order Filing 24 REPLY SUGGESTIONS re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kyle B. Russell on behalf of Defendants DSI Security Systems, Silgan Dispensing Systems. (Related document(s) #14 ) (Attorney Kyle B. Russell added to party Silgan Dispensing Systems(pty:dft))(Russell, Kyle) Modified on 9/29/2022: Docket text changed to reflect filing event. NEF regenerated. (Melvin, Greg)
September 15, 2022 Opinion or Order Filing 23 SUGGESTIONS in opposition re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by David A Lunceford on behalf of Plaintiff James Wilborn. Reply suggestions due by 9/29/2022 unless otherwise directed by the court. (Related document(s) #14 ) (Lunceford, David)
September 1, 2022 Opinion or Order Filing 22 ORDER denying #17 Motion to Strike. Plaintiff shall have until and including September 15, 2022 to respond to the Motion to Dismiss. Signed on 9/1/2022 by Chief District Judge Beth Phillips. (Wolfe, Steve)
August 17, 2022 Opinion or Order Filing 21 SUGGESTIONS in opposition re #17 MOTION to strike filed by Joshua J Cervantes on behalf of Defendant DSI Security Systems. Reply suggestions due by 8/31/2022 unless otherwise directed by the court. (Related document(s) #17 ) (Attorney Joshua J Cervantes added to party Silgan Dispensing Systems(pty:dft))(Cervantes, Joshua) Modified on 9/1/2022 to remove incorrect party named only in docket text. NEF regenerated to all parties. (Kern, Kendra)
August 16, 2022 Opinion or Order Filing 20 ORDER granting #19 motion for extension of time. The deadlines for the parties' to conduct their Rule 26 and file a Joint Proposed Scheduling Order are vacated and will be reset at a later time. Signed on 8/16/22 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Wolfe, Steve)
August 15, 2022 Opinion or Order Filing 19 Joint MOTION for extension of time Extend Rule 26 Conference Deadline filed by Colin J. Finnegan on behalf of Silgan Dispensing Systems. Suggestions in opposition/response due by 8/29/2022 unless otherwise directed by the court. (Finnegan, Colin)
August 10, 2022 Opinion or Order Set/Reset Deadlines as to #17 MOTION to strike. Suggestions in opposition/response due by 8/24/2022 unless otherwise directed by the court. (Melvin, Greg)
August 10, 2022 Opinion or Order Filing 18 Proposed MOTION for order re #17 Reply Suggestions to Motion motion to strike filed by David A Lunceford on behalf of James Wilborn. Suggestions in opposition/response due by 8/24/2022 unless otherwise directed by the court. (Related document(s) #17 ) (Lunceford, David) Modified on 8/11/2022: Main document deleted, as it was a proposed order. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. NEF regenerated. (Melvin, Greg)
August 10, 2022 Opinion or Order Filing 17 MOTION to strike re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by David A Lunceford on behalf of Plaintiff James Wilborn. Suggestions in opposition/response due by 8/24/2022 unless otherwise directed by the court.(Related document(s) #14 ) (Lunceford, David) Modified on 8/11/2022: Docket text changed to reflect filing event. NEF regenerated. (Melvin, Greg)
August 2, 2022 Opinion or Order Filing 16 NOTICE of appearance by Kyle B. Russell on behalf of DSI Security Systems (Attorney Kyle B. Russell added to party DSI Security Systems(pty:dft))(Russell, Kyle)
August 1, 2022 Opinion or Order Filing 15 SUGGESTIONS in support re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Joshua J Cervantes on behalf of Defendant DSI Security Systems. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Related document(s) #14 ) (Cervantes, Joshua)
August 1, 2022 Opinion or Order Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Joshua J Cervantes on behalf of DSI Security Systems. Suggestions in opposition/response due by 8/15/2022 unless otherwise directed by the court. (Attorney Joshua J Cervantes added to party DSI Security Systems(pty:dft))(Cervantes, Joshua)
July 18, 2022 Opinion or Order Filing 13 RETURN OF SERVICE of complaint executed by James Wilborn. DSI Security Systems served on 7/11/2022, answer due 8/1/2022. (Lunceford, David)
July 8, 2022 Opinion or Order Filing 12 ORDER granting #11 Plaintiff's Motion for Extension of Time of 10 days to serve Defendant DSI Security Services is GRANTED. Signed on 7/8/22 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
July 8, 2022 Opinion or Order Filing 11 First MOTION for order 10 day extension for serving DSI filed by David A Lunceford on behalf of James Wilborn. Suggestions in opposition/response due by 7/22/2022 unless otherwise directed by the court. (Lunceford, David)
June 15, 2022 Opinion or Order Filing 10 NOTICE of appearance by Colin J. Finnegan on behalf of Silgan Dispensing Systems (Attorney Colin J. Finnegan added to party Silgan Dispensing Systems(pty:dft))(Finnegan, Colin)
June 7, 2022 Opinion or Order Filing 9 ORDER GRANTING IN PART MOTION TO AMEND RULE 16 NOTICE #8 The parties' Joint Motion to Amend Rule 16 Notice, (Doc. 8), is GRANTED IN PART. Plaintiff shall serve Defendant Dothan Security, Inc., on or before July 8, 2022. The parties shall conduct their Rule 16 conference on or before August 15, 2022 and file their Joint Proposed Scheduling and Trial Order on or before August 25, 2022. See Order for further details. Signed on 6/7/22 by Chief District Judge Beth Phillips. (Cordell, Annette)
June 6, 2022 Opinion or Order Filing 8 Joint MOTION to amend/correct #3 Rule 16 Notice, #4 Notice of MAPN, filed by Shelley Irene Ericsson on behalf of Silgan Dispensing Systems. Suggestions in opposition/response due by 6/21/2022 unless otherwise directed by the court. (Related document(s) #3 , #4 ) (Ericsson, Shelley)
May 2, 2022 Opinion or Order Filing 7 DISCLOSURE OF CORPORATE INTERESTS filed by Darin Shreves on behalf of Defendant Silgan Dispensing Systems.(Shreves, Darin)
May 2, 2022 Opinion or Order Filing 6 ANSWER to Complaint (Notice of Removal) (Answer to First Amended - part of Court file) filed by Shelley Irene Ericsson on behalf of Defendant Silgan Dispensing Systems. (Ericsson, Shelley)
April 27, 2022 Opinion or Order NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP)
April 25, 2022 Opinion or Order Filing 5 ORDER TRANSFERRING/REASSIGNING CASE. Upon the consent, this case has been reassigned to Chief District Judge Beth Phillips for all further proceedings. District Judge Fernando J. Gaitan, Jr no longer assigned to case. Please make note of the new case number 22-00259-CV-W-BP. Signed on 4/25/22 by District Judge Fernando J. Gaitan, Jr. (Anderson, Christy)
April 21, 2022 Opinion or Order Filing 4 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria)
April 21, 2022 Opinion or Order Filing 3 RULE 16 NOTICE. Rule 26 conference due by 5/23/2022. Proposed scheduling order due by 6/6/2022. Signed on 4/21/22 by District Judge Fernando J. Gaitan, Jr. (Anderson, Christy)
April 21, 2022 Opinion or Order Filing 2 NOTICE of appearance by Darin Shreves on behalf of Silgan Dispensing Systems (Attorney Darin Shreves added to party Silgan Dispensing Systems(pty:dft))(Shreves, Darin)
April 21, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL from Circuit Court of Jackson County, case number 2116-CV16017, filed by Shelley Irene Ericsson. Filing fee $402, receipt number AMOWDC-7898178. (Attachments: #1 Exhibit A - Court file, #2 Exhibit B - Articles of Corporation - Silgan, #3 Exhibit C - Silgan locations, #4 Exhibit D - Dothan Security's Consent to Removal, #5 Civil Cover Sheet)(Ericsson, Shelley)

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Plaintiff: James Wilborn
Represented By: David A Lunceford
Represented By: Rachel Catherine Rutter
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Defendant: Silgan Dispensing Systems
Represented By: Darin Shreves
Represented By: Shelley Irene Ericsson
Represented By: Colin J. Finnegan
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Defendant: DSI Security Systems
Represented By: Joshua J Cervantes
Represented By: Kyle B. Russell
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