White v. Caterpillar, Inc.
Plaintiff: Anthony E. White
Defendant: Caterpillar Logistics, Inc.
Case Number: 5:2013cv00684
Filed: October 7, 2013
Court: US District Court for the Eastern District of North Carolina
Office: Western Division Office
County: WAKE
Presiding Judge: James C Fox
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 2003
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on October 27, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 27, 2015 Filing 80 MANDATE of US Court of Appeals (certified copy) as to #72 Notice of Appeal filed by Anthony E. White - The judgment of this court, entered August 14, 2015, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (Tripp, S.)
October 19, 2015 Opinion or Order Filing 79 ORDER of US Court of Appeals as to #72 Notice of Appeal filed by Anthony E. White - The court denies the petition for rehearing. (Tripp, S.)
August 27, 2015 Filing 78 Appeal Remark regarding #72 Notice of Appeal: Stay of Mandate Under Fed. R. App. P. 41(d)(1). (Castania, M.)
August 14, 2015 Filing 77 US Court of Appeals Judgment as to #72 Notice of Appeal filed by Anthony E. White - In accordance with the decision of this court, the judgment of the district court is affirmed. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (Tripp, S.)
August 14, 2015 Filing 76 Unpublished Opinion from Fourth Circuit Court of Appeals - Affirmed by unpublished per curiam opinion. (Tripp, S.)
January 15, 2015 Filing 75 Assembled Electronic Record on Appeal transmitted to 4th Circuit Court of Appeals regarding #72 Notice of Appeal. (Attachments: #1 Record Request) (Tripp, S.)
January 15, 2015 Filing 74 US Court of Appeals Case Number 15-1062, Karen Stump, Case Manager, for #72 Notice of Appeal filed by Anthony E. White. (Tripp, S.)
January 15, 2015 Filing 73 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #72 Notice of Appeal by Anthony E. White. (Fogle, L.)
January 14, 2015 Filing 72 NOTICE OF APPEAL as to #70 Order on Motion for Summary Judgment, by Anthony E. White. (Attachments: #1 Envelope) (Edwards, S.)
December 16, 2014 Filing 71 JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that Caterpillar Logistics, Inc.s Motion for Summary Judgment is ALLOWED and Plaintiffs claims are DISMISSED. The Clerk of Court is DIRECTED to close this case. Signed by Susan Edwards, Deputy for Julie A. Richards, Clerk of Court on 12/16/2014. Copy sent to Anthony White via US Mail to 1460 Distribution Drive, Apt. #8311, Suwanee, GA 30024. (Edwards, S.)
December 16, 2014 Opinion or Order Filing 70 ORDER granting #57 Motion for Summary Judgment. The parties are reminded to read the order in its entirety for further information. Signed by Senior Judge James C. Fox on 12/16/2014. Copy sent via US Mail to Anthony White 1460 Distribution Drive, Apt. #8311, Suwanee, GA 30024. (Edwards, S.)
December 8, 2014 Filing 69 PRETRIAL CONFERENCE ORDER. The parties are reminded to read the order in its entirety for critical deadlines and information. Signed by US Magistrate Judge Robert B. Jones, Jr. on 12/8/2014. Copy sent to Anthony White via US Mail to 1460 Distribution Drive, Apt. #8311, Suwanee, GA 30024. (Edwards, S.)
December 8, 2014 Filing 68 NOTICE of Hearing: Pretrial Conference set for 1/20/2015 at 10:30 AM Telephonically before US Magistrate Judge Robert B. Jones Jr. Copy sent to Anthony White via US Mail to 1460 Distribution Drive, Apt. #8311, Suwanee, GA 30024. (Edwards, S.)
December 5, 2014 Filing 67 Copy of Senior Judge James C. Fox's standing order of 1/14/2003 in regards to exhibits for trial, sent to the parties. Copy sent to Anthony White via US Mail to 1460 Distribution Drive, Apt. #8311, Suwanee, GA 30024. (Edwards, S.)
December 5, 2014 Filing 66 NOTICE of Hearing: Jury Trial set for the 1/26/2015 TERM at 10:00 AM in Wilmington - Courtroom 1 before Senior Judge James C. Fox. Copy sent to Anthony White via US Mail to 1460 Distribution Drive, Apt. #8311, Suwanee, GA 30024. (Edwards, S.) (Edwards, S.).
October 24, 2014 NOTICE OF CORRECTION regarding #65 Response in Support of Motion - Deputy clerk modified the docket text to correctly reflect the title of the pleading. In the future, when filing a reply, counsel should select the Reply to Response to Motion event located under the Responses and Replies category. No need to refile. Copy of this notice sent to Anthony E. White, 1460 Distribution Drive, Apt. #8311, Suwanee, GA 30024 via US Mail on 10/24/2014. (Grady, B.)
October 24, 2014 Motion Submitted to Senior Judge James C. Fox: #57 MOTION for Summary Judgment. Copy of this notice sent to Anthony E. White, 1460 Distribution Drive, Apt. #8311, Suwanee, GA 30024 via US Mail on 10/24/2014. (Grady, B.)
October 23, 2014 Filing 65 REPLY to Response to Motion regarding #57 MOTION for Summary Judgment filed by Caterpillar Logistics, Inc. (Mabe, John) Modified on 10/24/2014 to correctly identify the pleading. (Grady, B.)
October 9, 2014 Filing 64 Memorandum in Support regarding #63 Response to Motion filed by Anthony E. White. (Attachments: #1 Exhibit A - EEOC Documents, #2 Exhibit B - Email Correspondence, #3 Exhibit C - Report dated 5/2/2012, #4 Exhibit D - Email Correspondence, #5 Exhibit E - Email Correspondence, #6 Exhibit F - Performance Summary Document, #7 Exhibit G - Employment Policies, #8 Exhibit H - Statement, #9 Exhibit I - Email Correspondence, #10 Exhibit J - Statement, #11 Exhibit K - Amended Changes to Deposition, #12 Exhibit L - Resume, #13 Envelope) (Grady, B.)
October 9, 2014 Filing 63 RESPONSE to Motion regarding #57 MOTION for Summary Judgment filed by Anthony E. White. (Grady, B.)
September 17, 2014 Opinion or Order Filing 62 ORDER granting #61 Motion for Extension of Time to File Response regarding #57 MOTION for Summary Judgment. Response due by 10/10/2014. Signed by Senior Judge James C. Fox on 9/17/2014. Copy of order sent to Anthony E. White, 1460 Distribution Drive, Apt. #8311, Suwanee, GA 30024 via US Mail on 9/17/2014. (Grady, B.)
September 17, 2014 Motion Submitted to Senior Judge James C. Fox: #61 MOTION for Extension of Time to File Response as to #57 MOTION for Summary Judgment. Copy of this notice sent to Anthony E. White, 1460 Distribution Drive, Apt #8311, Suwanee, GA 30024 via US Mail on 9/16/2014. (Grady, B.)
September 17, 2014 Motion No Longer Referred to Julie A. Richards, Clerk of Court: #61 MOTION for Extension of Time to File Response as to #57 MOTION for Summary Judgment. Copy of this notice sent to Anthony E. White, 1460 Distribution Drive, Apt #8311, Suwanee, GA 30024 via US Mail on 9/16/2014. (Grady, B.)
September 16, 2014 MOTION REFERRED to Julie A. Richards, Clerk of Court: #61 MOTION for Extension of Time to File Response as to #57 MOTION for Summary Judgment. Copy of this notice sent to Anthony E. White, 1460 Distribution Drive, Apt #8311, Suwanee, GA 30024 via US Mail on 9/16/2014. (Grady, B.)
September 15, 2014 Filing 61 MOTION for Extension of Time to File Response as to #57 MOTION for Summary Judgment by Anthony E. White. (Attachments: #1 Memorandum in Support, #2 Envelope) (Grady, B.)
September 3, 2014 Opinion or Order Filing 60 ORDER granting #50 Motion for Protective Order and denying #53 Motion to Compel. The parties should read the order in its entirety for details. Signed by Magistrate Judge Robert B. Jones, Jr. on 9/3/2014. Copy sent to plaintiff via US Mail. (Grady, B.)
September 2, 2014 Filing 59 Roseboro Letter - Right to Respond regarding #57 MOTION for Summary Judgment sent to Anthony E. White via US Mail. (Grady, B.)
September 2, 2014 Filing 58 Memorandum in Support Motion for Summary Judgment filed by Caterpillar Logistics, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Mabe, John)
September 2, 2014 Filing 57 MOTION for Summary Judgment by Caterpillar Logistics, Inc.. (Mabe, John)
September 2, 2014 Opinion or Order Filing 56 ORDER denying #39 Revised Motion for Default Judgment, denying #41 Motion for Mediation Conference and denying #46 Motion for Settlement Conference. The Plaintiff's motions [DE-39, -41, -46] are all frivolous, they are all DENIED, and the plaintiff is cautioned that further vexatious motions practice such as this may result in monetary sanctions being imposed against him. Signed by Senior Judge James C. Fox on 9/2/2014. Copy sent to plaintiff via US Mail. (Grady, B.)
August 29, 2014 DOCUMENT REFERRED to Magistrate Judge Robert B. Jones, Jr.: #55 Response in Opposition to #53 Revised Motion to Compel. This notice sent to plaintiff via US Mail. (Grady, B.)
August 28, 2014 Filing 55 RESPONSE in Opposition regarding #53 MOTION to Compel filed by Caterpillar Logistics, Inc.. (Attachments: #1 Exhibit) (Mabe, John)
August 28, 2014 Filing 54 Memorandum in Support regarding #53 REVISED MOTION to Compel filed by Anthony E. White. (Grady, B.) (Additional attachment(s) added on 8/28/2014: #1 Envelope) (Grady, B.).
August 28, 2014 Filing 53 REVISED MOTION to Compel by Anthony E. White. (Attachments: #1 Exhibit A - Employment Policies, #2 Exhibit B - Statement, #3 Exhibit C - Performance Summary Document) (Grady, B.)
August 28, 2014 MOTION REFERRED to Magistrate Judge Robert B. Jones, Jr.: #53 REVISED MOTION to Compel. This notice sent to plaintiff via US Mail. (Grady, B.)
August 26, 2014 MOTION REFERRED to Magistrate Judge Robert B. Jones, Jr.: #50 MOTION for Protective Order. This notice sent to plaintiff via US Mail. (Grady, B.)
August 14, 2014 Filing 52 Revised and refiled at Docket Entry 53 MOTION to Compel by Anthony E. White. (Attachments: #1 Envelope) (Grady, B.) Modified on 8/28/2014 to add docket text. (Grady, B.)
August 1, 2014 Pro se plaintiff Anthony White contacted the court by phone on 8/1/2014 to request a hearing on the status of his case and pending motions. Law Clerk advised Mr. White that he should make all requests to the court by motion to allow the opposing party an opportunity to respond. (Edwards, S.)
July 29, 2014 Filing 51 Memorandum in Support of Motion for Protective Order filed by Caterpillar Logistics, Inc.. (Attachments: #1 Exhibit) (Mabe, John)
July 29, 2014 Filing 50 MOTION for Protective Order by Caterpillar Logistics, Inc.. (Attachments: #1 Exhibit A) (Mabe, John)
July 7, 2014 Filing 49 CERTIFICATE OF SERVICE regarding Interrogatory Questions by Anthony E. White. (Attachments: #1 Envelope) (Grady, B.)
July 3, 2014 Filing 48 NOTICE of Change of Address by Anthony E. White. (Attachments: #1 Envelope) (Grady, B.)
June 30, 2014 Filing 47 CERTIFICATE OF SERVICE by Caterpillar Logistics, Inc. (Mabe, John)
June 4, 2014 Motion Submitted to Senior Judge James C. Fox: #46 MOTION for Settlement Conference. (Edwards, S.)
May 15, 2014 Received a phone call from Mr. White, plaintiff, in this case advising that he will not be filing a reply to the response to his Revised Motion for Default Judgment at #39 . (Edwards, S.)
May 15, 2014 Motions Submitted to Senior Judge James C. Fox: #41 MOTION for Mediation Conference, #39 MOTION for Default Judgment. (Edwards, S.)
May 9, 2014 Filing 46 MOTION for Settlement Conference by Anthony E. White. (Grady, B.)
May 8, 2014 Filing 45 RESPONSE in Opposition regarding #39 MOTION for Default Judgment as to filed by Caterpillar Logistics, Inc.. (Mabe, John)
April 25, 2014 Opinion or Order Filing 44 SCHEDULING ORDER: Discovery due by 7/31/2014 - Motions due by 9/2/2014 - Jury Trial set for the 1/26/2015 TERM at 10:00 AM in Wilmington - Courtroom 1 before Senior Judge James C. Fox. Signed by US Magistrate Judge Robert B. Jones, Jr on 4/25/2014. Copy sent to the plaintiff via US Mail. (Attachments: #1 Consent to US Magistrate Judge Form) (Edwards, S.)
April 25, 2014 Filing 43 Minute Entry for proceedings held before Magistrate Judge Robert B. Jones, Jr.: Telephone Conference held on 4/25/2014 in Wilmington, Courtroom 3. Pro se plaintiff and counsel for defendant present via telephone. Parties propose new discovery plan deadlines for Court's consideration. The Court will consider proposed dates and enter a scheduling order. (Court Reporter FTR Gold) (Grady, B.)
April 21, 2014 Opinion or Order Filing 42 Order Setting Hearings - Status Conference set for 4/25/2014 at 11:00 AM via Telephonically from Courtroom #3 before US Magistrate Judge Robert B. Jones Jr. Signed by US Magistrate Judge Robert B. Jones, Jr on 4/21/2014. Copy sent to the plaintiff via US Mail and court personnel via email. (Edwards, S.)
April 14, 2014 Filing 41 MOTION for Mediation Conference by Anthony E. White. (Grady, B.)
April 14, 2014 Filing 40 Memorandum in Support regarding #39 REVISED MOTION for Default Judgment filed by Anthony E. White. (Grady, B.)
April 14, 2014 Filing 39 REVISED MOTION for Default Judgment by Anthony E. White. (Grady, B.)
April 10, 2014 Opinion or Order Filing 38 ORDER denying as moot #27 Motion for Extension of Time to Answer; denying #30 Motion for Default Judgment; denying #34 Motion for Default Judgment; denying as moot #35 Motion to Strike; denying as moot #24 Motion for Default Judgment. The Clerk of Court is DIRECTED to refer the parties' proposed discovery plans to United States Magistrate Judge Robert B. Jones, Jr. Signed by Senior Judge James C. Fox on 4/10/2014. Copy sent to the plaintiff via US Mail. (Edwards, S.)
April 10, 2014 Referred the following proposed discovery plans at docket entries #14 , #15 and #16 to US Magistrate Judge Robert B. Jones, Jr., for an order on scheduling. (Edwards, S.)
April 8, 2014 At the direction of the Court, United States Magistrate Judge Robert B. Jones, Jr. is reassigned as the magistrate judge in this case. (Grady, B.)
March 20, 2014 Motions and all supporting documents submitted to Senior Judge James C. Fox: #30 MOTION for Default Judgment, #34 MOTION for Default Judgment, #24 MOTION for Default Judgment, #35 MOTION to Strike #34 MOTION for Default Judgment and Motion to Set Pretrial Conference, #27 MOTION for Extension of Time to File Answer. (Edwards, S.)
March 4, 2014 Filing 37 Memorandum in Support regarding #24 MOTION for Default Judgment, #30 MOTION for Default Judgment and #34 MOTION for Default Judgment filed by Anthony E. White. (Grady, B.)
February 20, 2014 Filing 36 Memorandum in Support regarding #35 MOTION to Strike #34 MOTION for Default Judgment as to and Motion to Set Pretrial Conference filed by Caterpillar Logistics, Inc.. (Mabe, John)
February 20, 2014 Filing 35 MOTION to Strike #34 MOTION for Default Judgment as to and Motion to Set Pretrial Conference by Caterpillar Logistics, Inc.. (Mabe, John)
February 4, 2014 NOTICE OF CORRECTION regarding: #33 Memorandum in Opposition, to include the document relationship. Counsel is reminded that they need to be sure to link their responses and replies to the appropriate motions when electronically filing them. (Edwards, S.)
February 3, 2014 Filing 34 THIRD MOTION for Default Judgment by Anthony E. White. (Grady, B.)
January 31, 2014 Filing 33 Memorandum in Opposition #30 to Second Motion to Grant Judgment by Default filed by Caterpillar Logistics, Inc. (Mabe, John) Modified on 2/4/2014 to include document relationship (Edwards, S.).
January 22, 2014 Opinion or Order Filing 32 ORDER sua sponte directing the Clerk of Court to modify the defendant's name on the docket sheet to reflect Caterpillar Logistics Inc. All subsequent filings from the parties should name the Defendant as "Caterpillar LogisticsInc." in the case caption. All prior docket entries that refer to "Caterpillar Inc." are deemed filed as to Caterpillar Logistics, Inc. Signed by Senior Judge James C. Fox on 1/22/2014. Copy sent to the plaintiff via US Mail. (Edwards, S.)
January 21, 2014 Filing 31 FINANCIAL DISCLOSURE STATEMENT by Caterpillar, Inc.. (Mabe, John)
January 13, 2014 Filing 30 SECOND MOTION for Default Judgment by Anthony E. White. (Grady, B.)
January 13, 2014 Filing 29 Memorandum in Opposition to #24 Motion for Default Judgment and In Support of #27 MOTION for Extension of Time to File Answer filed by Caterpillar, Inc. (Mabe, John) Modified on 1/14/2014 to link to motions. (Grady, B.)
January 13, 2014 Filing 28 Defendant's ANSWER and Affirmative Defenses to Plaintiff's Complaint and Amendment To Complaint by Caterpillar, Inc. (Mabe, John) Modified on 1/15/2014 to correct the document description (Edwards, S.).
January 13, 2014 Filing 27 MOTION To Set or Extend Time for a Responsive Pleading to Plaintiff's First Amended Complaint by Caterpillar, Inc. (Mabe, John) Modified on 1/15/2014 to correct the document description (Edwards, S.).
January 8, 2014 Filing 26 NOTICE of Appearance by Christina F. Meddin on behalf of Caterpillar, Inc. (Meddin, Christina)
January 8, 2014 Filing 25 NOTICE of Appearance by John T. Murray on behalf of Caterpillar, Inc. (Murray, John)
January 3, 2014 Filing 24 MOTION for Default Judgment by Anthony E. White. (Grady, B.)
January 3, 2014 Filing 23 NOTICE of Correct Address by Anthony E. White. (Grady, B.)
December 31, 2013 Opinion or Order Filing 22 AMENDED ORDER regarding #21 Order on Motion to Amend The Complaint which thereby granted #13 Motion to Amend The Complaint. Plaintiff is further DIRECTED to file his current address with the court on or before January 7, 2014. The parties are reminded to read the order in its entirety for detailed information. Signed by Senior Judge James C. Fox on 12/31/2013. Copy sent to the plaintiff via US Mail. (Edwards, S.)
December 31, 2013 Opinion or Order Filing 21 ORDER granting #13 Motion to Amend The Complaint. Plaintiff is further DIRECTED to file his current address with the court on or before January 7, 2014. The parties are reminded to read the order in its entirety for detailed information. Signed by Senior Judge James C. Fox on 12/31/2013. Copy sent to the plaintiff via US Mail. (Edwards, S.)
December 31, 2013 Filing 20 CERTIFICATE OF SERVICE by Caterpillar, Inc. (Mabe, John)
December 31, 2013 Filing 19 NOTICE of Appearance by John I. Mabe, Jr on behalf of Caterpillar, Inc. (Mabe, John)
December 31, 2013 Filing 18 NOTICE of Appearance by John I. Mabe, Jr on behalf of Caterpillar, Inc. (Mabe, John)
December 30, 2013 Motion Submitted to Senior Judge James C. Fox: #13 MOTION to Amend/Correct #4 Complaint. (Edwards, S.)
December 27, 2013 Filing 17 Plaintiff's Mandatory Initial Disclosures filed by Plaintiff Anthony E. White. (Edwards, S.)
December 18, 2013 Referred the plaintiff's proposed discovery plans at #15 and #16 to US Magistrate Judge James E. Gates for an order on scheduling. (Edwards, S.)
December 16, 2013 Filing 16 Document: Amendment to #15 Rule 26(f) Report (individual) by Plaintiff Anthony E. White. (Grady, B.)
December 13, 2013 Filing 15 Rule 26(f) Report (individual) by Anthony E. White. (Grady, B.)
December 13, 2013 Filing 14 Rule 26(f) Report (individual) by Caterpillar, Inc.. (Mabe, John)
December 13, 2013 Referred the proposed discovery plan at #14 to US Magistrate Judge James E. Gates for an order on scheduling. (Edwards, S.)
November 25, 2013 Filing 13 'AMENDED COMPLAINT - PURSUANT TO THE COURT'S ORDER DATED 12/31/2013 AT #22 ' - MOTION to Amend #4 Complaint and Response regarding #11 Answer by Anthony E. White. (Attachments: #1 Certificate of Service) (Grady, B.) Modified on 12/31/2013 to change document description pursuant to the court's order dated 12/31/13 at #22 . (Edwards, S.).
November 13, 2013 Opinion or Order Filing 12 ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie A. Richards, Clerk of Court on 11/13/2013. Copy sent to the plaintiff via US Mail. (Edwards, S.)
November 12, 2013 Filing 11 ANSWER to Complaint with Jury Demand by Caterpillar, Inc.. (Mabe, John)
October 30, 2013 Filing 10 SUMMONS Returned Executed - Caterpillar, Inc. served on 10/18/2013. (Grady, B.) (Additional attachment(s) added on 10/31/2013: #1 Caterpillar, Inc. Headquarters served on 10/21/2013) (Grady, B.).
October 23, 2013 Filing 7 Document: Plaintiff's Settlement Offer and Defendant's Response by Anthony E. White. (Grady, B.)
October 7, 2013 Filing 5 Summons Issued as to Caterpillar, Inc. (Edwards, S.)
October 7, 2013 Forwarded the US Marshals 285 Forms along with a copy of the order at #3 and the complaint at #4 and the summons for service. (Edwards, S.)
October 7, 2013 Filing 4 COMPLAINT against Caterpillar, Inc., filed by Anthony E. White. (Attachments: #1 EEOC Right to Sue Letter) (Edwards, S.)
October 7, 2013 Opinion or Order Filing 3 ORDER granting #1 Motion for Leave to Proceed in forma pauperis. The Clerk is DIRECTED to file the complaint and issue the summons prepared by the plaintiff. The U.S. Marshal is DIRECTED to serve the summons and a copy of the complaint on defendant. Signed by US Magistrate Judge James E. Gates on 10/7/2013. Copy sent to the plaintiff via US Mail. (Edwards, S.)
October 2, 2013 MOTION REFERRED to US Magistrate Judge James E. Gates: #1 MOTION for Leave to Proceed in forma pauperis and for review pursuant to 28 U.S.C. 1915(e)(2). (Edwards, S.)
September 30, 2013 Filing 2 FINANCIAL DISCLOSURE STATEMENT by Anthony E. White. (Moore, L.)
September 30, 2013 Filing 1 MOTION for Leave to Proceed in forma pauperis, filed by Anthony E. White. (Attachments: #1 Complaint, #2 EEOC - Right to Sue Letter, #3 Civil Cover Sheet, #4 Proposed Summons) (Moore, L.)

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Defendant: Caterpillar Logistics, Inc.
Represented By: John I. Mabe, Jr.
Represented By: Christina F. Meddin
Represented By: John T. Murray
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Plaintiff: Anthony E. White
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