Stevenson v. Parker Offshore, LLC
| Scott Stevenson |
| Parker Offshore, LLC |
| 4:2021cv00070 |
| May 7, 2021 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Labor: Family and Medical Leave Act |
| 29 U.S.C. § 2601 The Family and Medical Leave Act of 1993 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 39 TRANSCRIPT REQUEST by Scott Stevenson (Martoccio, Gary) |
| Filing 38 US Court of Appeals Case Number 23-1387 (Richard Sewell, Case Manager) as to #36 Notice of Appeal filed by Scott Stevenson. (Foell, S.) |
| Notification to Appeals Court of Filing regarding #39 Notice regarding Appeal Transcript, filed by Scott Stevenson (Foell, S.) |
| Filing 37 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #36 Notice of Appeal. (Rudd, D.) |
| Filing 36 Notice of Appeal filed by Scott Stevenson as to #34 Order on Motion for Summary Judgment, #35 Judgment,. Filing fee, receipt number ANCEDC-7031512. (Martoccio, Gary) |
| Filing 35 JUDGMENT - In accordance with the court's order entered March 27, 2023, and for the reasons set forth more specifically therein, the defendants motion for summary judgment is GRANTED. Signed by Peter A. Moore, Jr., Clerk of Court on 3/27/2023. (Rudd, D.) |
Filing 34
ORDER granting #20 Motion for Summary Judgment. The clerk if DIRECTED to close this case. Signed by District Judge Louise Wood Flanagan on 3/27/2023. (Rudd, D.)
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Filing 33
ORDER granting #31 Motion to Withdraw as Attorney. Attorney John A Bruno terminated. Signed by District Judge Louise Wood Flanagan on 2/28/2023. (Collins, S.)
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| Filing 32 Proposed Order on Motion to Withdraw as Counsel filed by Parker Offshore, LLC. (Bruno, John) |
| NOTICE OF DEFICIENCY regarding #31 Motion to Withdraw as Attorney. At the direction of the court, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Collins, S.) |
| Filing 31 MOTION to Withdraw as Attorney filed by Parker Offshore, LLC. (Bruno, John) |
| Motion Submitted to District Judge Louise Wood Flanagan regarding #20 MOTION for Summary Judgment . (Collins, S.) |
| **DISREGARD** Notice to Counsel regarding: Text Order. Counsel for defendant is reminded of the Text Order entered 6/28/22 directing the parties to send to the clerk courtesy copies of the documents filed with reference to defendant's motion for summary judgment DE #20 . The clerk has not received courtesy copies of docket entries DE20-DE23. Counsel should immediately send the copies to the clerk, following directive in text order entered 6/28/22. (Collins, S.) Modified on 7/14/2022 (Collins, S.). |
| Filing 30 RESPONSE regarding #26 Statement of Material Facts (Defendant's Reply to Plaintiff's Additional Material Facts) filed by Parker Offshore, LLC. (Parsons, Kevin) Modified on 7/13/2022 to revise docket text and link to motion DE #20 . (Collins, S.) |
| Filing 29 RESPONSE regarding #22 Statement of Material Facts, #23 Appendix to the Statement of Facts #25 Response filed by Parker Offshore, LLC. (Parsons, Kevin) Modified on 7/13/2022 to link to motion #20 (Collins, S.). |
| Filing 28 REPLY to Response to Motion regarding #20 MOTION for Summary Judgment APPENDIX AND EXHIBITS filed by Parker Offshore, LLC. (Attachments: #1 Exhibit 1 - Plaintiff's Objections and Responses to Defendant's First Set of Interrogatories Nos. 12-16, 19, #2 Exhibit 2 - Plaintiff's Supplemental Objections and Responses to Defendant's First Set of Interrogatories Nos. 12-16, 19, #3 Exhibit 3 - Plaintiff's Second Supplemental Objections and Responses to Defendant's First Set of Interrogatories Nos. 13-16, 19) (Parsons, Kevin) |
| Filing 27 REPLY to Response to Motion regarding #20 MOTION for Summary Judgment filed by Parker Offshore, LLC. (Parsons, Kevin) |
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TEXT ORDER regarding #20 MOTION for Summary Judgment filed by Parker Offshore, LLC. The court DIRECTS the parties to deliver to the court a courtesy copy of the documents filed by that party, and all outstanding motions and briefs related thereto, including all exhibits and attachments thereto, tabbed by docket entry and exhibit number, (but not bound, including no notebooks) no later than ten (10) days from the date of the text order, or sooner if possible. Counsel is requested to send the copies with no signature required. Such courtesy copies are to be addressed for delivery to the Honorable Louise W. Flanagan, United States District Court, Eastern District of North Carolina, ATTN: Ms. Sandra Collins, 413 Middle St., New Bern, NC 28560. Signed by District Judge Louise Wood Flanagan on 6/28/2022. (Collins, S.)
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| Filing 26 Statement of Material Facts regarding #20 MOTION for Summary Judgment Plaintiff's Statement of Material Facts filed by Scott Stevenson. (Martoccio, Gary) |
| Filing 25 RESPONSE regarding #23 Appendix to the Statement of Facts,,,,,,, #22 Statement of Material Facts by Scott Stevenson. (Martoccio, Gary) |
| Filing 24 RESPONSE regarding #20 MOTION for Summary Judgment , #21 Memorandum in Support by Scott Stevenson. (Attachments: #1 Exhibit Stevenson Deposition Transcript, #2 Exhibit Stevenson Deposition Transcript, #3 Exhibit Patterson Deposition Transcript, #4 Exhibit Spoonire Deposition Transcript) (Martoccio, Gary) |
| Filing 23 Appendix to the Statement of Facts regarding #20 MOTION for Summary Judgment filed by Parker Offshore, LLC. (Attachments: #1 Exhibit 1 - Excerpts from the deposition of Plaintiff Scott Stevenson taken April 25, 2022, #2 Exhibit 2 - Documents establishing Plaintiff Scott Stevensons date of hire (PO 370; PO 374), #3 Exhibit 3 - Excerpts from deposition of Donald Patterson taken April 18, 2022, #4 Exhibit 4 - Excerpts from deposition of Dale Spoonire taken April 18, 2022, #5 Exhibit 5 - Defendants Responses to Plaintiffs First Set of Interrogatories (Nos. 1, 7, 8, 9, and 10), #6 Exhibit 6 - Plaintiff Scott Stevensons FMLA Notice of Eligibility and Rights & Responsibilities and Certification of Health Care Provider for Family Members Serious Health condition (PO 328-329; PO 334-339), #7 Exhibit 7 - Plaintiff Scott Stevensons 2020 mid-year performance review (PO 402-404), #8 Exhibit 8 - Email sent by Donald Patterson to Sheila Glazewski on August 25, 2020 regarding Plaintiff Scott Stevenson (PO 226-227), #9 Exhibit 9 - Email sent by Donald Patterson to Sheila Glazewski on December 9, 2020 summarizing Plaintiff Scott Stevensons termination (PO 343), #10 Exhibit 10 - Signed written statement from Michelle Prichard regarding Plaintiff Scott Stevensons conduct on and around the date of his termination (PO 341), #11 Exhibit 11 - Signed written statement from Andrew Foster regarding Plaintiff Scott Stevensons conduct on and around the date of his termination (PO 342), #12 Exhibit 12 - Parker Offshore Disciplinary Policy in effect at the time of Plaintiff Scott Stevensons termination (PO 307-311), #13 Exhibit 13 - Text messages exchanged between Plaintiff Scott Stevenson and Philip Bunky Guthrie related to Plaintiffs use of FMLA leave (Stevenson 22-28)) (Parsons, Kevin) |
| Filing 22 Statement of Material Facts regarding #20 MOTION for Summary Judgment filed by Parker Offshore, LLC. (Parsons, Kevin) |
| Filing 21 Memorandum in Support regarding #20 MOTION for Summary Judgment filed by Parker Offshore, LLC. (Parsons, Kevin) |
| Filing 20 MOTION for Summary Judgment filed by Parker Offshore, LLC. (Parsons, Kevin) |
| Filing 17 Notice filed by Parker Offshore, LLC regarding Notice to Counsel, Report of Mediator. (Parsons, Kevin) |
| NOTICE TO COUNSEL: CASE MANAGEMENT ORDER and expiration of mediation deadline - Pursuant to this court's scheduling order entered 7/26/21, mediation was to have occurred in this action by 5/4/22. Where no report of mediator or request for extension of the deadline appears on the court's docket updating the record as to the status of mediated settlement efforts, counsel is directed to make an appropriate filing in this regard by close of business on 5/12/22. (Collins, S.) |
| Filing 16 Notice of Appearance filed by Craig Lorne Leis on behalf of Parker Offshore, LLC. (Leis, Craig) |
| Filing 15 Notice of Appearance filed by John A Bruno on behalf of Parker Offshore, LLC. (Bruno, John) |
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Filing 14
ORDER Appointing Mediator. Steve Dunn appointed. Signed by Peter A. Moore, Jr., Clerk of Court on 8/17/2021. (Collins, S.)
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| Filing 13 Selection of Steve Dunn as mediator filed by Parker Offshore, LLC. (Parsons, Kevin) |
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Filing 12
CASE MANAGEMENT ORDER: Discovery in this case may be governed by a protective order. Discovery due by 5/4/22. Mediation Deadline set for 5/4/22. Motions due by 6/6/22. The parties should review the attached order in its entirety for additional critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 7/26/21. (Collins, S.)
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| NOTICE TO COUNSEL - Pursuant to Local ADR Rule 101.1c(a), counsel is reminded that the parties must file a written statement identifying an agreed upon mediator within twenty one (21) days of the entry of the Scheduling Order. If a statement is not timely filed, the Clerk of Court will appoint a mediator from the list of court certified mediators. Selection of Mediator must be electronically filed on or before 8/16/2021. (Collins, S.) |
| Filing 11 Rule 26(f) Report (joint) filed by Parker Offshore, LLC. (Parsons, Kevin) |
| NOTICE OF DEFICIENCY regarding #10 Rule 26(f) Report (joint). Opposing counsel's electronic signature block is not provided on this document despite it being filed as a joint report. Counsel is directed to refile the pleading to include the signatures of all counsel. See Section IV.D.2 of the CM/ECF Policies and Procedures Manual. (Collins, S.) |
| Filing 10 **CORRECTED AND REFILED AT #11 ** Rule 26(f) Report (joint) filed by Parker Offshore, LLC. (Parsons, Kevin) Modified on 7/23/2021 (Collins, S.). |
| Notice to Counsel regarding: #7 Notice of Appearance. Counsel is reminded that the filing user must lock or "flatten" the PDF document. Failure to flatten documents may result in the clerk's office issuing a notice of deficiency. Counsel should "flatten" the document prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. (Collins, S.) |
| Filing 9 Financial Disclosure Statement by Parker Offshore, LLC identifying Corporate Parent Fishing Boats Holding Company, LLC, Corporate Parent Correct Craft Holding Company, LLC for Parker Offshore, LLC. (Parsons, Kevin) |
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Filing 8
INITIAL ORDER REGARDING PLANNING AND SCHEDULING - Discovery Plan due by 8/12/21. Counsel should read attached order in its entirety for critical information and deadlines. Signed by District Judge Louise Wood Flanagan on 7/8/2021. (Collins, S.)
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| Filing 7 Notice of Appearance filed by Kevin V. Parsons on behalf of Parker Offshore, LLC. (Parsons, Kevin) (Main Document 7 flattened and replaced on 7/22/2021) (Edwards, S.). |
| Notice to Counsel - Attorney Kevin V. Parsons should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Collins, S.) |
| Filing 6 ANSWER to #1 Complaint by Parker Offshore, LLC. (Parsons, Kevin) |
| Filing 5 Waiver of Service Returned Executed filed by Scott Stevenson. Parker Offshore, LLC waiver sent on 5/7/2021, answer due 7/6/2021. (Martoccio, Gary) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Collins, S.) |
| Filing 4 Notice of Appearance filed by Gary Martoccio on behalf of SCOTT STEVENSON. (Martoccio, Gary) |
| Filing 3 Financial Disclosure Statement by SCOTT STEVENSON (Martoccio, Gary) |
| Filing 2 REQUEST FOR WAIVER of Service sent to Caroline Landt on 5.7.2021 by SCOTT STEVENSON. Waiver of Service due by 6/7/2021. (Martoccio, Gary) |
| Filing 1 COMPLAINT and Demand for Jury Trial against PARKER OFFSHORE, LLC ( Filing fee $ 402 receipt number 0417-6030690.), filed by SCOTT STEVENSON. (Attachments: #1 Civil Cover Sheet) (Martoccio, Gary) |
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| Defendant: Parker Offshore, LLC | |
| Represented By: | Kevin V. Parsons |
| Represented By: | John A Bruno |
| Represented By: | Craig Lorne Leis |
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| Plaintiff: Scott Stevenson | |
| Represented By: | Gary Martoccio |
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