Patton v. Ford Motor Company

Patton v. Ford Motor Company

Plaintiff:	Kelley M. Patton
Defendant:	Ford Motor Company
Case Number:	1:2014cv00308
Filed:	April 24, 2014
Court:	US District Court for the Western District of New York
Office:	Buffalo Office
County:	Erie
Presiding Judge:	Richard J Arcara
Referring Judge:	Hugh B Scott
Nature of Suit:	Labor: Fair Standards
Cause of Action:	28 U.S.C. § 1331 Fed. Question: Fair Labor Standards
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on August 28, 2017. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 28, 2017	Filing 53 Clerk's Order taxing costs. Parties have 7 days to object to the Clerk's decision. Signed by Mary C. Loewenguth, Clerk of Court on 8/23/17. (SG)
July 17, 2017	Filing 52 REPLY/RESPONSE to re #51 Memorandum in Opposition -Defendant's Reply To Plaintiff's Memorandum Of Law Opposing Taxation Of Costs filed by Ford Motor Company. (Attachments: #1 Affidavit Affidavit of Julia Turner Baumhart)(Baumhart, Julia)
June 29, 2017	Filing 51 MEMORANDUM IN OPPOSITION re #50 Bill of Costs by Kelley M. Patton. (Harper, William)
June 28, 2017	NOTICE OF INTENT TO TAX COSTS. #50 Bill of Costs was filed in this action on 6/08/2017. Memorandum in opposition to any costs must be filed within twenty-one (21) days of service of the Bill of Costs. Replies to the objections must be filed within twenty-one (21) days of service of the opposing memorandum. (JMM)
June 8, 2017	Filing 50 BILL OF COSTS by Ford Motor Company. (Baumhart, Julia)
May 19, 2017	Filing 49 JUDGMENT in favor of Ford Motor Company against Kelley M. Patton. Signed by Mary C. Loewenguth, Clerk of Court on 5/19/17. (SG)
May 18, 2017	Filing 48 DECISION AND ORDER: For the reasons stated in the attached Decision and Order, the Court adopts the portions of the Report and Recommendation #42 to which neither party objects. The Court sustains the Defendants objections and declines to adopt those portions of the Report and Recommendation to which the Defendant objected. The Court therefore grants the Defendants motion for summary judgment #33 in its entirety. The Clerk of the Court shall take all steps necessary to close this case. SO ORDERED. Signed by Hon. Richard J. Arcara on 5/18/17. (LAS)-CLERK TO FOLLOW UP-
April 4, 2016	NOTICE OF ADJOURNMENT. The Court, sua sponte due to a conflict with its criminal trial calendar, is adjourning the April 8, 2016 oral argument as to objections to the #42 Report and Recommendation before Hon. Richard J. Arcara. The parties will be further notified of a new oral argument date. (DJD)
March 14, 2016	Filing 47 REPLY/RESPONSE to re #45 Objection to Report and Recommendations Denying In Part Defendant's Motion for Summary Judgment filed by Ford Motor Company. (Baumhart, Julia)
February 26, 2016	Filing 46 REPLY/RESPONSE to re #45 Objection to Report and Recommendations filed by Kelley M. Patton. (Korn, Lindy)
February 5, 2016	Filing 45 OBJECTION to #42 Report and Recommendations Denying in Part Defendant's Motion for Summary Judgment by Ford Motor Company. (Baumhart, Julia)
February 3, 2016	Filing 44 TEXT ORDER: Defendant Ford Motor Company filed motion for extension of time #43 to file objections to Magistrate Judge Hugh B. Scott's Report and Recommendation #42 . The motion is granted. Objections are to be filed on or before February 5, 2016. Response papers are to be filed no later than February 26, 2016. Reply papers are to be filed on or before March 14, 2016. Oral argument is scheduled for April 8, 2016 at 9:00 AM before Hon. Richard J. Arcara. In the event that no objections will be filed, a Notice of No Intent to file Objections shall be filed by 2/5/2016. SO ORDERED. Issued by Hon. Richard J. Arcara on 2/3/16. (LAS)
February 2, 2016	Filing 43 MOTION for Extension of Time to File Response/Reply as to #42 REPORT AND RECOMMENDATIONS re #33 MOTION for Summary Judgment filed by Ford Motor Company Objections due fourteen days from receipt. by Ford Motor Company. (Attachments: #1 Affidavit of Linda H. Joseph, Esq.)(Schroder, Ginger)
January 19, 2016	Filing 42 MAGISTRATE JUDGE HUGH B. SCOTTREPORT & RECOMMENDATIONRe #33 MOTION for Summary Judgment filed by Ford Motor CompanyIt is recommended that defendant's Motion (Docket No. 33) be granted in part, denied in part, as stated in this Report. Objections due fourteen days from receipt; Objections to R&R due by 2/2/2016.So Ordered. Signed by Hon. Hugh B. Scott on 1/19/2016. (DRH)
January 11, 2016	Filing 41 REPLY to Response to Motion re #33 MOTION for Summary Judgment filed by Ford Motor Company. (Attachments: #1 Appendix, #2 Exhibit 9 - Excerpts from Plaintiff's Deposition Transcript, #3 Exhibit 10 - Initial Disclosures, #4 Exhibit 11 - Excerpts from Anade Long Deposition Transcript, #5 Exhibit 12 - Second Kamienecki Declaration)(Baumhart, Julia)
December 15, 2015	Filing 40 MEMORANDUM in Opposition re #33 MOTION for Summary Judgment filed by Kelley M. Patton. (Attachments: #1 Rule 56.1 Response, #2 Exhibit 1-3, #3 Certificate of Service)(Korn, Lindy)
November 16, 2015	Filing 39 ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT ORDER re 37 Order on Motion for Extension of Time to File Response/Reply, #38 MOTION for Extension of Time to File Reply Supporting Defendant's Motion for Summary Judgment filed by Ford Motor Company, #33 MOTION for Summary Judgment filed by Ford Motor CompanyDefendant's Motion for extension of the reply deadline (Docket No. 38) is granted.Responses remain due by 12/15/2015 (Docket No. 37), Replies due by 1/11/2016. Defendant's Motion for Summary Judgment (Docket No. 33) deemed submitted (without oral argument) on 1/11/1016.Motions terminated: #38 MOTION for Extension of Time to File Reply Supporting Defendant's Motion for Summary Judgment filed by Ford Motor Company.So Ordered. Signed by Hon. Hugh B. Scott on 11/16/2015. (DRH)
November 16, 2015	Filing 38 MOTION for Extension of Time to File Reply Supporting Defendant's Motion for Summary Judgment by Ford Motor Company. (Attachments: #1 Declaration of Julia Turner Baumhart)(Baumhart, Julia)
November 16, 2015	Filing 37 ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT ORDER granting in part and denying in part #36 Motion for Extension of Time to File Response/Reply re #33 MOTION for Summary JudgmentPlaintiff moved for extension of her time to respond (and consequently defendant's reply deadline) (Docket No. 36). Despite failing to provide reasons for this extension, or any statement of defendant's position on the request, the request is granted in part, but denying plaintiff's proposed deadlines.Plaintiff's response now due 12/15/2015; reply (if any) due 12/29/2015 and motion deemed submitted on 12/29/2015.So Ordered. Signed by Hon. Hugh B. Scott on 11/16/2015. (DRH)
November 12, 2015	Filing 36 MOTION for Extension of Time to File Response/Reply by Kelley M. Patton.(Korn, Lindy)
October 20, 2015	Filing 35 ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT ORDER re #33 MOTION for Summary Judgment filed by Ford Motor CompanyResponses due by 11/17/2015, Replies due by 12/1/2015. Motion deemed submitted, without oral argument, on 12/1/2015.Parties are reminded to submit courtesy copies of all moving papers to Chambers of the undersigned.So Ordered. Signed by Hon. Hugh B. Scott on 10/20/2015. (DRH)
October 20, 2015	Filing 34 DECLARATION re #33 MOTION for Summary Judgment filed by Ford Motor Company . (Baumhart, Julia)
October 19, 2015	Filing 33 MOTION for Summary Judgment by Ford Motor Company. (Attachments: #1 Memorandum in Support, #2 Statement of Undisputed Facts, #3 Appendix, #4 Exhibit 1 - Declaration of Melinda Brayo, #5 Exhibit 2- Declaration of David Kamienecki, #6 Exhibit 3 - Part 1 - Excerpts from Kelley Patton Deposition Transcript, #7 Exhibit 3 - Part 2 - Continued Excerpts from Kelley Patton Deposition Transciprt, #8 Exhibit 4 - Declaration of Eric James, #9 Exhibit 5 - Declaration of Donald Paranick, #10 Exhibit 6 - Excerpts from Scott Jones Deposition Transcript, #11 Exhibit 7 - Excerpts from Jeff Croff Deposition Transcript, #12 Exhibit 8 - October 23, 2014 No Probable Cause Determinaton)(Baumhart, Julia)
June 9, 2015	Filing 32 NOTICE of Change of Address by Ginger D. Schroder, Esq (Schroder, Ginger)
May 22, 2015	Filing 31 ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDER re #26 MOTION for Protective Order and Notice of Motion filed by Ford Motor Company, 20 Text Order, Scheduling Order, Terminate Scheduling Order Deadlines, #22 MOTION for Extension of Time to Complete Discovery filed by Kelley M. Patton,SECOND AMENDED SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.)Plaintiff's Motion (Docket No. 22) to extend the discovery deadline is granted in part as discussed in this Order. Defendant's amended Counter Motion (Docket No. 26) for a protective Order is granted in part, denied in part, as discussed in the Order.As for the amended Schedule, discovery deadline is extended by 60 days.Thus, Discovery completed by 7/21/2015.Dispositive Motions due by 10/19/2015.Mediation To End by 11/2/2015.If no motions are filed, parties are to contact the Chambers of Judge Arcara by 10/30/2015 to schedule a Pretrial Conference and set a trial date.Motions terminated: #26 MOTION for Protective Order and Notice of Motion filed by Ford Motor Company, #22 MOTION for Extension of Time to Complete Discovery filed by Kelley M. Patton.So Ordered. Signed by Hon. Hugh B. Scott on 5/22/2015. (DRH)
May 8, 2015	Filing 30 REPLY to Response to Motion re #26 MOTION for Protective Order and Notice of Motion filed by Ford Motor Company. (Attachments: #1 Declaration of Julia Turner Baumhart Supporting Reply to Defendant's Counter-Motion for Protective Order (Docket No. 26))(Baumhart, Julia)
May 1, 2015	Filing 29 DECLARATION signed by Julia Turner Baumhart filed by Ford Motor Company (Concerning Response to Plaintiff's Motion To Extend Discovery (Docket No. 22). (Baumhart, Julia)
May 1, 2015	Filing 28 MEMORANDUM in Support re #26 MOTION for Protective Order and Notice of Motion, #22 MOTION for Extension of Time to Complete Discovery filed by Kelley M. Patton. (Attachments: #1 Supplement Attorney Declaration, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Certificate of Service)(Korn, Lindy)
April 8, 2015	Filing 27 ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT ORDER re #26 MOTION for Protective Order and Notice of Motion filed by Ford Motor Company, 23 Text Order, Set/Reset Motion and R&R Deadlines/Hearings, #25 MOTION for Protective Order and Notice of Motion filed by Ford Motor Company, #22 MOTION for Extension of Time to Complete Discovery filed by Kelley M. PattonMotions terminated: #25 MOTION for Protective Order and Notice of Motion filed by Ford Motor Company, replaced by Amended Motion (Docket No. 26)Both motions (Docket Nos. 22, 26) shall be considered together by the Court. As a result, Responses to both motions due by 5/1/2015, Replies due by 5/8/2015. Motions deemed submitted (unless oral argument is deemed necessary by the Court) on 5/8/2015.As previously ordered, the discovery deadline and dispositive motions deadlines (Docket Nos. 20, 23) are held in abeyance pending resolution of these motions and setting an amended Scheduling Order.So Ordered. Signed by Hon. Hugh B. Scott on 4/8/2015. (DRH)
April 7, 2015	Filing 26 MOTION for Protective Order and Notice of Motion by Ford Motor Company. (Attachments: #1 Memorandum of Law in Response to Plaintiff's Motion to Extend Time for Discovery and in Support of Defendant's Counter-Motion for Protective Order, #2 Declaration of Julia Turner Baumhart, #3 Declaration of Felicia Fields, #4 Certificate of Service)(Baumhart, Julia)
April 7, 2015	Filing 25 MOTION for Protective Order and Notice of Motion by Ford Motor Company.(Baumhart, Julia)
April 6, 2015	Filing 24 Mediation Certification by Randolph C. Oppenheimer(Oppenheimer, Randolph)
March 19, 2015	Filing 23 ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT ORDER re 20 Text Order, Scheduling Order, Terminate Scheduling Order Deadlines, #22 MOTION for Extension of Time to Complete Discovery filed by Kelley M. PattonResponses due by 4/7/2015, Replies due by 4/14/2015, motion deemed submitted, without oral argument, on 4/14/2015.Discovery deadline (Docket No. 20) held in abeyance until resolution of this motion.So Ordered. Signed by Hon. Hugh B. Scott on 3/19/2015. (DRH)
March 19, 2015	Filing 22 MOTION for Extension of Time to Complete Discovery by Kelley M. Patton. (Attachments: #1 Memorandum in Support, #2 Affidavit, #3 Certificate of Service)(Harper, William)
March 17, 2015	Filing 21 NOTICE of Appearance by William F. Harper, V on behalf of Kelley M. Patton (Harper, William)
January 12, 2015	Filing 20 ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT ORDER re #17 Scheduling Order FORM, #19 Stipulation filed by Kelley M. PattonAMENDED SCHEDULING/CASE MANAGEMENT ORDER (Please Note: It is your responsibility to read this Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.)The parties' Stipulation (Docket No. 19) is adopted in part.The Scheduling Order (Docket No. 17) is amended as follows: Defendant Expert Witness ID due by 3/5/2015, Discovery completed by 3/20/2015.Dispositive Motions due by 6/18/2015. If no motions are filed, parties are to contact Chambers of Judge Arcara by 7/9/2015 to schedule a Pretrial Conference and set a trial date.Mediation To End by 8/6/2015.So Ordered. Signed by Hon. Hugh B. Scott on 1/12/2015. (DRH)
January 9, 2015	Filing 19 STIPULATION to Extend Discovery by Kelley M. Patton. (Attachments: #1 Certificate of Service)(Korn, Lindy)
August 29, 2014	Filing 18 Stipulation-Selection of Mediator by Kelley M. Patton (Attachments: #1 Certificate of Service)(Korn, Lindy)
August 6, 2014	Filing 17 ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTSCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.)Amended Pleadings due by 9/5/2014. Stipulation of Selection of Mediator due by 9/3/2014. First Mediation Session due by 10/29/2014. Mediation To End by 8/6/2015.Plaintiff Expert Witness ID due by 12/23/2014, Defendant Expert Witness ID due by 1/22/2015, Discovery completed by 2/6/2015. Dispositive Motions due by 5/7/2015.If no motions are filed, parties are to contact Chambers of Judge Arcara by 6/1/2015 to schedule a Pretrial Conference and set a trial date.So Ordered. Signed by Hon. Hugh B. Scott on 8/6/2014. (DRH)
August 6, 2014	Filing 16 HONORABLE HUGH B. SCOTTTEXT OF MINUTE ENTRYFor proceedings held before Magistrate Judge Hugh B. ScottCandace Alnaji, Esq., for plaintiff; Ginger Schroeder, Esq., for defendant. Scheduling Conference held on 8/6/2014. Court to enter Scheduling Order consistent with local rules, cf. Docket No. 14, Proposed Discovery Plan. Parties to discuss mediator. (DRH)
July 28, 2014	Filing 15 ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT ORDER re 13 Terminate Hearings, Text Order, Set HearingsDue to the Court's criminal calendar, Scheduling Conference previously set for today (Docket No. 13) is adjourned; Scheduling Conference reset for Wed., 8/6/2014, 11:00 AM, before Hon. Hugh B. Scott.National counsel for defendant is granted leave to appear at this conference by telephone; defense shall inform Chambers of the telephone number national counsel can be reached on the date of this Conference.So Ordered. Signed by Hon. Hugh B. Scott on 7/28/2014. (DRH)
July 15, 2014	Filing 14 DISCOVERY PLAN by Kelley M. Patton.(Korn, Lindy)
July 7, 2014	Filing 13 ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT ORDER re 12 Text Order, Set Hearings, Terminate HearingsDue to the Court's Calendar, Scheduling Conference reset for Mon., 7/28/2014, 11:00 AM, at the Genesee Courtroom, Robert H. Jackson U.S. Courthouse before Hon. Hugh B. Scott.So Ordered. Signed by Hon. Hugh B. Scott on 7/7/2014. (DRH)
June 12, 2014	Filing 12 ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT ORDER re #11 Letter, #10 Order, Set HearingsDefendant's letter (Docket No. 11) requesting to reset Scheduling Conference is granted; Scheduling Conference reset for Th., 7/24/2014, 11:00 AM, at the Genesee Courtroom, Robert H. Jackson U.S. Courthouse before Hon. Hugh B. Scott.So Ordered. Signed by Hon. Hugh B. Scott on 6/12/2014. (DRH)
June 12, 2014	Filing 11 Letter from Ginger Schroeder, Esq., dated 6/12/2014, to Chambers with copy to plaintiff's counsel, and defense co-counsel, requesting to adjourn 7/10/2014 Scheduling Conference and reset for 7/24/2014. Filed by Chambers. (DRH)
June 5, 2014	Filing 10 ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDERScheduling Conference set for Thur., 7/10/2014, 10:45 AM, at the Genesee Courtroom, Robert H. Jackson U.S. Courthouse before Hon. Hugh B. Scott.So Ordered. Signed by Hon. Hugh B. Scott on 6/5/2014. (Attachments: #1 AO-85, Consent to Magistrate Judge form)(DRH)
June 3, 2014	Filing 9 NOTICE of Appearance by Candace Rachel Alnaji on behalf of Kelley M. Patton (Alnaji, Candace)
June 3, 2014	Filing 8 TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Hugh B. Scott. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. Section 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Richard J. Arcara on 6/3/14. (LAS)
June 2, 2014	Filing 7 NOTICE of Appearance by Ginger D. Schroder, Esq on behalf of Ford Motor Company (Attachments: #1 Certificate of Service)(Schroder, Ginger)
June 2, 2014	Filing 6 Corporate Disclosure Statement by Ford Motor Company. (Baumhart, Julia)
June 2, 2014	Filing 5 ANSWER to #1 Complaint and Affirmative Defenses by Ford Motor Company.(Baumhart, Julia)
June 2, 2014	Filing 4 NOTICE of Appearance by Julia Turner Baumhart on behalf of Ford Motor Company (Baumhart, Julia)
April 28, 2014	Filing 3 Summons Issued as to Ford Motor Company. (SG)
April 28, 2014	Filing 2 Consent to Magistrate Judge forms electronically forwarded to attorney. Notification to chambers of on-line civil opening (SG)
April 28, 2014	Case assigned to Hon. Richard J. Arcara. (SG)
April 28, 2014	AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(SG)
April 24, 2014	Filing 1 COMPLAINT against Ford Motor Company ( Filing fee $ 400 receipt number 0209-2018333.), filed by Kelley Patton. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Korn, Lindy)

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Plaintiff: Kelley M. Patton
Represented By:	Lindy Korn
Represented By:	Candace Rachel Alnaji
Represented By:	William F. Harper, V
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Defendant: Ford Motor Company
Represented By:	Ginger D. Schroder
Represented By:	Julia Turner Baumhart
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