CALDWELL v. SMITH
Plaintiff: JANE C. CALDWELL
Defendant: MICHAEL O. LEAVITT, STEPHEN L. JOHNSON and LISA P. JACKSON
Case Number: 1:2003cv00707
Filed: July 28, 2003
Court: US District Court for the Middle District of North Carolina
Office: Civil Rights: Jobs Office
Presiding Judge: WALLACE W DIXON
Referring Judge: THOMAS D SCHROEDER
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42:2000
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 6, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 6, 2011 Filing 79 NOTICE of Voluntary Dismissal of case by Plaintiff JANE C. CALDWELL, Defendants LISA P. JACKSON, STEPHEN L. JOHNSON, MICHAEL O. LEAVITT (PHILBECK, JOHN)
August 8, 2011 Reset Deadlines/Hearings: Stipulation of Dismissal due by 11/4/2011. (Gammon, Cheryl)
August 4, 2011 Case Reported Settled - Stipulation of Dismissal with prejudice due by 9/4/2011. (Gammon, Cheryl)
August 4, 2011 Case Reported Settled at Mediation (Gammon, Cheryl)
May 20, 2010 Opinion or Order Filing 78 MEMORANDUM OPINION AND ORDER signed by JUDGE THOMAS D. SCHROEDER on 05/20/2010, that the Magistrate Judge's rulings are affirmed and adopted, except for the finding that Plaintiff is a former employee of EPA. Re #70 IT IS HEREBY ORDERED that Defendant's Motion for Summary Judgment (Doc. #22 ; see Doc. #67 ) as to the retaliation claim is DENIED, Defendant's Motion for Leave to Submit Further Evidence in Support of Objections to the Magistrate's Recommendation (Doc. #72 ) is DENIED, Plaintiff's Motion to Strike Exhibits Filed in Support of Objections to the Recommendation (Doc. #74 ) is GRANTED, and Plaintiffs alternative Motion for Leave to Respond (Doc. #74 ) is DENIED as moot. (Taylor, Abby)
March 16, 2010 Motions Submitted: #74 MOTION to Strike #73 Objection to Recommended Ruling - Magistrate Judge, #72 MOTION for Leave to Submit Further Evidence in Support of Objections to the Magistrate's Recommendation to JUDGE THOMAS D. SCHROEDER- (Solomon, Dianne)
October 27, 2009 ***Motions Referred: #74 MOTION to Strike #73 Objection to Recommended Ruling - Magistrate Judge, #72 MOTION for Leave to Submit Further Evidence in Support of Objections to the Magistrate's Recommendation to MAG/JUDGE WALLACE W. DIXON- (Solomon, Dianne)
October 26, 2009 Filing 77 REPLY, filed by Plaintiff JANE C. CALDWELL, to Response to #72 MOTION for Leave to Submit Further Evidence in Support of Objections to the Magistrate's Recommendation, #74 MOTION to Strike #73 Objection to Recommended Ruling - Magistrate Judge, filed by JANE C. CALDWELL. (Attachments: #1 Exhibit A)(PHILBECK, JOHN)
October 7, 2009 Filing 76 RESPONSE re #74 MOTION to Strike #73 Objection to Recommended Ruling - Magistrate Judge,,, filed by LISA P. JACKSON. Replies due by 10/26/2009. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(BINKLEY, JOAN)
September 30, 2009 CASE EXEMPT from Mediation - pursuant to #13 Joint Rule 26(f) Report. (Gammon, Cheryl)
September 21, 2009 Filing 75 BRIEF re #72 MOTION for Leave to Submit Further Evidence in Support of Objections to the Magistrate's Recommendation, #74 MOTION to Strike #73 Objection to Recommended Ruling - Magistrate Judge, filed by JANE C. CALDWELL. Replies due by 10/8/2009. (Attachments: #1 Exhibit A, Caldwell v. Johnson, Unpublished Opinion, #2 Exhibit B - Defendant Initial Rule 26 Disclosures, #3 Exhibit C - Defendant's Response in Relevant Part to Plaintiff Discovery)(PHILBECK, JOHN)
September 21, 2009 Filing 74 MOTION to Strike #73 Objection to Recommended Ruling - Magistrate Judge, by JANE C. CALDWELL. Responses due by 10/14/2009 (PHILBECK, JOHN)
August 28, 2009 Filing 73 OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re #70 Recommended Ruling - Magistrate Judge by Defendant LISA P. JACKSON. (Attachments: EXHIBITS A-H- STRICKEN- SEE PLDG #78 #1 Exhibit GE A - Slimak Declaration, #2 Exhibit GE B - Comfort Declaration, #3 Exhibit GE C - Sutton Declaration, #4 Exhibit GE D - Laws Declaration, #5 Exhibit GE E - Broom Declaration, #6 Exhibit GE F - Payne Declaration, #7 Exhibit GE G- Roberts Declaration, #8 Exhibit GE H - Gloster Declaration, #9 Supplement Unpublished Opinion - Toulan v. DAP Products, #10 Supplement Unpublished Opinion - Washington v. Norton, #11 Supplement Unpublished Opinion - Richardson v. Horry County, #12 Supplement Unpublished Opinion - Wells v. Gates, #13 Supplement Unpublished Opinion - Ram v. New Mexico Department of Environment) (BINKLEY, JOAN) Modified on 5/20/2010 to strike exhibits A-H(Taylor, Abby).
August 28, 2009 Filing 72 MOTION for Leave to Submit Further Evidence in Support of Objections to the Magistrate's Recommendation by LISA P. JACKSON. Responses due by 9/21/2009 (Attachments: #1 Text of Proposed Order) (BINKLEY, JOAN)
August 11, 2009 Filing 71 Notice of Mailing Recommendation. Objections to R&R due by 8/28/2009 (Wilson, JoAnne)
August 11, 2009 Filing 70 MEMORANDUM OPINION AND RECOMMENDED RULING - MAGISTRATE JUDGE signed by MAG/JUDGE WALLACE W. DIXON on 8/11/09 re #67 Brief filed by JANE C. CALDWELL as to the retaliation claim be DENIED. (Wilson, JoAnne)
August 11, 2009 Case no longer referred to Mag/Judge Dixon (Wilson, JoAnne)
May 12, 2009 CASE REFERRED to Magistrate Judge Dixon re: #67 (Solomon, Dianne)
May 1, 2009 Filing 69 Reply BRIEF Addressing Retaliation Claim under White's "Materially Adverse" Standard by Plaintiff JANE C. CALDWELL filed by JANE C. CALDWELL. (PHILBECK, JOHN)
April 22, 2009 Filing 68 RESPONSE re #67 Brief Addressing Plaintiff's Retaliation Claim Under White's "Materially Adverse" Standard filed by Lisa P. Jackson. Replies due by 5/11/2009. (BINKLEY, JOAN)
March 23, 2009 Filing 67 Plaintiff's BRIEF Addressing White Case filed by Plaintiff JANE C. CALDWELL. (PHILBECK, JOHN) Modified on 3/24/2009 to remove duplicate text. (Lloyd, Donna)
February 20, 2009 Opinion or Order ORDER granting #64 Motion to Continue. The clerk is DIRECTED to remove this case from the April 2009 master calendar and set it down on the October 5, 2009, master calendar. Plaintiff must file her brief addressing White's "materially adverse" standard (or she may simply choose to stand on her arguments submitted in her brief on remand (document no. #53 ). Plaintiff's brief or her notice that no further briefing is desired must be filed no later than March 23, 2009. Defendant's response brief must be filed no later than April 22, 2009. Plaintiff's reply must be filed no later than May 1, 2009. Signed by MAG/JUDGE WALLACE W. DIXON on 2/20/2009. (DIXON, WALLACE)
February 19, 2009 Telephone Notice to/from Attorney John Philbeck held on 2/19/2009. At the direction of Magistrate Judge Dixon, Attorney Philbeck was contacted for the Plaintiff's position on #64 Motion to Continue Trial and for a Briefing Order. Pursuant to Attorney Philbeck, Plaintiff concurs with the motion for the reasons stated therein. In addition, the parties may be exploring possible resolution of this action. As to the Briefing Order, the Plaintiff disagrees since the issues have already been briefed in #52 Defendant's Brief at pages 8 through 20. (Solomon, Dianne)
February 13, 2009 Filing 66 NOTICE of Trial Calendar Jury Trial set for 4/6/2009 09:30 AM in Winston-Salem Courtroom #2 before JUDGE THOMAS D. SCHROEDER. (Winchester, Robin)
February 13, 2009 ***Motions Referred: #64 MOTION to Continue Trial and for a Briefing Order to MAG/JUDGE WALLACE W. DIXON. (Solomon, Dianne)
February 6, 2009 Filing 65 MEMORANDUM re #64 MOTION to Continue Trial and for a Briefing Order by Defendant STEPHEN L. JOHNSON. (BINKLEY, JOAN)
February 6, 2009 Filing 64 MOTION to Continue Trial and for a Briefing Order by STEPHEN L. JOHNSON. Responses due by 3/2/2009. (BINKLEY, JOAN)
January 27, 2009 Filing 63 NOTICE of Hearing: Jury Trial set for 4/6/2009 09:30 AM in Unassigned Courtroom. Trial Briefs, etc. deadline set for 3/17/09.(Solomon, Dianne)
October 7, 2008 Case Reassigned to JUDGE THOMAS D. SCHROEDER. JUDGE WILLIAM L. OSTEEN no longer assigned to the case. (Powell, Gloria)
October 7, 2008 Filing 62 MANDATE of USCA as to #42 Notice of Appeal filed by JANE C. CALDWELL. USCA Case Number: 05-1706. (Lloyd, Donna)
August 15, 2008 Filing 61 OPINION OF USCA as to JANE C. CALDWELL affirmed in part, and reversed and remanded in part. USCA Case Number: 05-1706. (Lloyd, Donna)
August 15, 2008 Filing 60 USCA JUDGMENT that the judgment of the District Court is affirmed in part and reversed in part. This case is remanded to the District Court for further proceedings consistent with the Court's decision as to #42 Notice of Appeal filed by JANE C. CALDWELL. USCA Case Number: 05-1706. (Lloyd, Donna)
June 28, 2007 Assembled Electronic Record Transmitted to Fourth Circuit to US Court of Appeals re #42 Notice of Appeal. USCA Case Number 05-1706. USCA Case Manager: Anthony Webb. (Case returned to USCA to proceed on appeal). (Welch, Kelly)
June 18, 2007 Opinion or Order Filing 59 ORDER ADOPTING REPORT AND RECOMMENDATIONS signed by Judge WILLIAM L. OSTEEN on 6/18/07, that the Supreme Court's decision in Burlington Northern & Santa Fe Ry. Co. v. White, 126 S. Ct. 2406 (2006) has no effect on the court's prior analysis.(Welch, Kelly)
June 18, 2007 Case no longer referred to Judge Osteen. (Welch, Kelly)
June 8, 2007 CASE REFERRED to Judge Osteen (Winchester, Robin)
May 3, 2007 Filing 58 RESPONSE TO OBJECTION to #57 , #56 Report and Recommendations filed by STEPHEN L. JOHNSON. Response to Objections to R&R due by 5/21/2007 (Attachments: #1 Exhibit GE A Smith v. Harvey#2 Exhibit GE B Gordon v. Gutierrez#3 Exhibit GE C Parsons v. Wynne)(BINKLEY, JOAN)
May 3, 2007 Case no longer referred to Mag/Jd Dixon. (Winchester, Robin)
May 3, 2007 CASE REFERRED to Magistrate Judge Dixon (Winchester, Robin)
April 23, 2007 NOTICE of Docket Text/Event Modification re #56 Response to Report and Recommendation: (Document is not a response, but an objection to magistrate judges recommendations. No other action necessary at this time). (Dickerson, Nancy)
April 20, 2007 Filing 57 Plaintiff's BRIEF Supporting Objections to the Magistrate Judge's Recommended Decision by Plaintiff JANE C. CALDWELL filed by JANE C. CALDWELL. (Attachments: #1 Exhibit Amicus Brief of Government Filed in White)(PHILBECK, JOHN)
April 20, 2007 Filing 56 Objections to Report and Recommendations #54 filed by Plaintiff JANE C. CALDWELL. Reply to Objections due by 5/7/2007. (PHILBECK, JOHN) Modified on 4/23/2007 to clarify text (Dickerson, Nancy).
April 3, 2007 Filing 55 Notice of Mailing Recommendation. Objections to R&R due by 4/20/2007. (Dickerson, Nancy)
April 3, 2007 Filing 54 RECOMMENDATION signed by Judge WALLACE W. DIXON on 4/3/07, that the court find the White holding has no effect on the court's prior analysis. (Dickerson, Nancy)
February 28, 2007 Filing 53 Plaintiff's BRIEF on Remand Addressing Applicability of Supreme Court's White Decision to Plaintiff's Retaliation Claim by Plaintiff JANE C. CALDWELL filed by JANE C. CALDWELL. (PHILBECK, JOHN)
February 28, 2007 Filing 52 BRIEF by Defendant STEPHEN L. JOHNSON filed by STEPHEN L. JOHNSON On The Effect of Burlington Northern & Santa Fe Reailway v. White. (Attachments: #1 Exhibit GE A Brockman v. Snow#2 Exhibit GE B Ridgely v. Chao#3 Exhibit GE C Cobb v. Potter#4 Exhibit GE D Bhella v. England)(BINKLEY, JOAN) Modified on 3/1/2007 to add text (Dickerson, Nancy).
January 29, 2007 Set Deadlines/Hearings: Appellant Brief due by 2/28/2007, Appellee Brief due by 2/28/2007. (Dickerson, Nancy)
January 29, 2007 Opinion or Order Filing 51 ORDER signed by Judge WALLACE W. DIXON on 1/29/07 re #50 USCA Order and in accordance with the Fourth Circuits remand, this court HEREBY orders the parties to submit briefs on this issue, which shall both be due within 30 days of issuance of this Order. Specifically, the parties shall address each alleged retaliatory action in light of the White decision. (Dickerson, Nancy)
January 24, 2007 Appeal Record Returned in three (3) volumes: Re: #42 Notice of Appeal. USCA Case Number: 05-1706. (Welch, Kelly)
January 24, 2007 CASE REFERRED to Magistrate Judge Dixon (Winchester, Robin)
January 19, 2007 Opinion or Order Filing 50 ORDER of USCA that this case shall be, and it hereby is, remanded to the district court, re: #42 Notice of Appeal filed by JANE C. CALDWELL. USCA Case Number 05-1706. (Welch, Kelly)
June 2, 2006 Filing 49 NOTICE of Receipt of Record on Appeal from USCA re #42 Notice of Appeal filed by JANE C. CALDWELL. USCA Case Number: 05-1706. (Law, Trina)
May 31, 2006 Filing 48 CLERK'S 24 HOUR RECORD ON APPEAL transmitted to US Court of Appeals re #42 Notice of Appeal in 3 volumes pursuant to telephone call from USCA. (Law, Trina)
July 22, 2005 USCA's Notice of Receipt of Certificate to US Court of Appeals re #42 Notice of Appeal. Case Number: 05-1706. (Law, Trina)
July 19, 2005 Filing 47 Transmission of Update Item re: Fee Status to US Court of Appeals re #42 Notice of Appeal (Law, Trina)
July 15, 2005 Filing 46 Transmittal of Certificate to USCA - Appeal Record Complete (Law, Trina)
July 5, 2005 Filing 45 NOTICE of Docketing Appeal from USCA re #42 Notice of Appeal filed by JANE C. CALDWELL. USCA Case Number 05-1706. Case Manager: Anthony Webb (Law, Trina)
June 28, 2005 Opinion or Order Filing 44 ORDER Granting #40 Motion to Substitute Party. Pursuant to Rule 25(d)(1) of the FRCvP, Stephen L. Johnson is automatically substituted as defendant in the above-entitled case. The case caption shall be amended to show Stephen L. Johnson, Administrator of the United States Environmental Protection Agency, as defendant. Signed by Judge WALLACE W. DIXON on 6/28/05. (Welch, Kelly)
June 24, 2005 Filing 43 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #42 Notice of Appeal (Law, Trina)
June 23, 2005 Filing 41 RESPONSE To Motion to Substitute filed by Defendant MICHAEL O. LEAVITT re #40 MOTION to Substitute Party filed by JANE C. CALDWELL, filed by MICHAEL O. LEAVITT. Replies due by 7/5/2005. (BINKLEY, JOAN)
June 23, 2005 MOTION #40 to Substitute Party REFERRED to Mag/Jd Dixon. (Winchester, Robin)
June 17, 2005 Filing Fee: $255, Receipt Number 0200 00087336. (Law, Trina)
June 17, 2005 Filing 42 NOTICE OF APPEAL to USCA 4th Circuit by JANE C. CALDWELL appealing #39 Order on Motion to Dismiss, Order on Motion for Summary Judgment entered 04/19/05. (Law, Trina)
June 17, 2005 Filing 40 MOTION to Substitute Party to show Stephen L. Johnson, Acting Administrator of the United States Environmental Pretection Agency, as defendant by JANE C. CALDWELL. Responses due by 7/11/2005 (Welch, Kelly)
April 19, 2005 Judgment index updated for judgment issued by Judge WILLIAM L. OSTEEN on 04/19/2005. (Iavarone, Dennis)
April 19, 2005 Opinion or Order Filing 39 ORDER AND JUDGMENT signed by Judge WILLIAM L. OSTEEN on 4/19/05, adopting the Magistrate Judge's Recommendation, that Defendant's alternative motion for summary judgment #22 should be and is hereby granted. FURTHER that this proceeding is hereby dismissed. (Welch, Kelly) .
April 19, 2005 Case no longer referred to Judge OSTEEN (Welch, Kelly)
April 12, 2005 Filing 38 RESPONSE TO OBJECTIONS to 34 Report and Recommendation filed by Defendant MICHAEL O. LEAVITT responding to objections by Plaintiff filed by MICHAEL O. LEAVITT. Response to Objections to R&R due by 4/25/2005 (BINKLEY, JOAN)
April 4, 2005 CASE REFERRED to Judge WILLIAM L. OSTEEN. (Winchester, Robin)
March 29, 2005 Filing 37 BRIEF in Support re #36 Objection to Recommended Ruling - Magistrate Judge by Plaintiff JANE C. CALDWELL. (Attachments: #1 Exhibit #2 Exhibit)(Dickerson, Nancy)
March 29, 2005 Filing 36 OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re 34 Recommended Ruling - Magistrate Judge, by Plaintiff JANE C. CALDWELL. (Dickerson, Nancy)
March 16, 2005 Telephonic Notice on 3/16/2005 to Atty. John Philbeck and AUSA Joan Binkly cancelling Settlement Conferenced set for 9:00 a.m. 3/21/05. (Winchester, Robin) Modified on 4/12/2005 to correct typographical error (Winchester, Robin).
March 11, 2005 Filing 35 Notice of Mailing Recommendation to all parties. (Gammon, Cheryl)
March 10, 2005 Opinion or Order Filing 34 ORDER granting in part #29 Motion to Strike. IT IS ORDERED that the parties stand down from final trial preparation unless directed otherwise by the district judgment. Signed by Judge WALLACE W. DIXON on 3/9/05. (Attachments: # 1) (Gammon, Cheryl)
February 28, 2005 Filing 33 NOTICE of Hearing: Settlement Conference set for 3/21/2005 09:00 AM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN. (Winchester, Robin)
February 25, 2005 Filing 32 REPLY filed by Defendant MICHAEL O. LEAVITT to Response to #29 Motion to Strike filed by MICHAEL O. LEAVITT (with Attachments: #1 Exhibit A)(Welch, Kelly)
February 14, 2005 Filing 31 MEMORANDUM OF LAW with Exhibits by JANE C. CALDWELL in Opposition to [29-1] motion to Strike the Appendix of Additional Relevant Citations of Fact and the Affidavits of Jane Caldwell, Sharon Kathleen Taylor, Allen Marcus, Gregory M. Blumenthal, Annie M. Jarabek, and Amy Marie Grady filed in Support of Plaintiff's Memorandum in Opposition to Summary Judgment by MICHAEL O. LEAVITT (K. Welch)
February 3, 2005 Deadline Updated; set Jury Trial for 9:30 4/4/05 in GREENSBORO #1 COURTROOM before JUDGE WILLIAM L. OSTEEN (D. Mccarty)
February 3, 2005 TRIAL CALENDAR mailed to parties for session beginning 4/4/05 at 9:30 (D. Mccarty)
January 27, 2005 Motion(s) referred: [22-1] motion to Dismiss Plaintiff's claims pursuant to Fed.R.Civ.P. 12(b)(6) , [22-1] motion for Summary Judgment, [29-1] motion to Strike the Appendix of Additional Relevant Citations of and the Affidavits of Jane Caldwell, Sharon Kathleen Allen Marcus, Gregory M. Blumenthal, Annie M. Jarabek, and Amy Marie Grady filed in Support of Plaintiff's Memorandum in Opposition to Summary Judgment referred to MAG/JUDGE WALLACE W. DIXON (R. Winchester)
January 24, 2005 Filing 30 MEMORANDUM by MICHAEL O. LEAVITT in support of [29-1] motion to Strike the Appendix of Additional Relevant Citations of Fact and the Affidavits of Jane Caldwell, Sharon Kathleen Taylor, Allen Marcus, Gregory M. Blumenthal, Annie M. Jarabek, and Amy Marie Grady filed in Support of Plaintiff's Memorandum in Opposition to Summary Judgment by MICHAEL O. LEAVITT (K. Welch)
January 24, 2005 Filing 29 MOTION by MICHAEL O. LEAVITT to Strike the Appendix of Additional Relevant Citations of Fact and the Affidavits of Jane Caldwell, Sharon Kathleen Taylor, Allen Marcus, Gregory M. Blumenthal, Annie M. Jarabek, and Amy Marie Grady filed in Support of Plaintiff's Memorandum in Opposition to Summary Judgment (K. Welch)
January 24, 2005 Filing 28 REPLY by MICHAEL O. LEAVITT to response to [22-1] motion for Summary Judgment by MICHAEL O. LEAVITT (K. Welch)
January 14, 2005 Filing 27 DOCUMENTS TENDERED by JANE C. CALDWELL in support of Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment (located in expandable files) (K. Welch)
January 14, 2005 Filing 26 MEMORANDUM OF LAW IN OPPOSITION by JANE C. CALDWELL to [22-1] motion for Summary Judgment by MICHAEL O. LEAVITT (K. Welch)
January 10, 2005 Opinion or Order Filing 25 ORDER granting [24-1] motion to Extend Time five (5) business days up to and including 1/14/05 to respond to Defendant's Motion and Brief for Summary Judgment. Defendant's time for reply is set at 1/24/05. Response to Motion set for 1/14/05 for [22-1] motion for Summary Judgment. Signed by MAG/JUDGE WALLACE W. DIXON. Ccs. Dist. [EOD Date 1/10/05] (K. Welch)
January 7, 2005 Telephonic Notice to Atty. Nichols and AUSA Binkley that Mag. Jd. Dixon will allow the 5 day extension, written order forthcoming. (R. Winchester)
January 5, 2005 Filing 24 MOTION with consent by JANE C. CALDWELL to Extend Time five (5) business days up to and including 1/14/05 to respond to Defendant's Motion and Brief for Summary Judgment (K. Welch)
December 15, 2004 Filing 23 MEMORANDUM with Exhibits by MICHAEL O. LEAVITT in support of [22-1] motion to Dismiss Plaintiff's claims pursuant to Fed.R.Civ.P. 12(b)(6) by MICHAEL O. LEAVITT, [22-1] motion for Summary Judgment by MICHAEL O. LEAVITT (located in expandable file) (K. Welch) Modified on 12/16/2004
December 15, 2004 Filing 22 MOTION for Summary Judgment by defendant MICHAEL O. LEAVITT (K. Welch)
December 9, 2004 Minute entry per Mag. Jd. Dixon : denying [21-1] motion to Extend Time thirty (30) days, to and including 12/30/04, to supplement discovery responses and to file his dispositive motion pursuant to Order entered 10/18/04 (see pldg. #19) [Date 12/13/04] (R. Winchester)
December 2, 2004 Motion(s) referred: [21-1] motion to Extend Time thirty (30) days, to and including 12/30/04, to supplement discovery responses and to file his dispositive motion referred to MAG/JUDGE WALLACE W. DIXON (R. Winchester)
November 30, 2004 Filing 21 MOTION with consent by MICHAEL O. LEAVITT to Extend Time thirty (30) days, to and including 12/30/04, to supplement discovery responses and to file his dispositive motion (K. Welch)
November 23, 2004 Filing 20 STIPULATED PROTECTIVE ORDER Re: confidential documents as set out; Signed by MAG/JUDGE WALLACE W. DIXON. Ccs. Dist. [EOD Date 11/24/04] (K. Welch)
October 18, 2004 Opinion or Order Filing 19 ORDER granting [17-1] motion to Extend Time to conduct discovery for 60 days. The time in which to conduct discovery in this action be enlarged to and including the 30th day of November, 2004. This order is entered on the condition that dispositive motions be filed by December 15, 2004, responses be filed by January 7, 2005, and replies be filed by January 17, 2005. Moreover, these filings must be served by hand delivery or by facsimile; that is to say, these dates are firm with no three-day mail rule. Resetting Discovery deadline to 11/30/04 , Dispositive motions due 12/15/04. Signed by MAG/JUDGE WALLACE W. DIXON. Ccs. Dist. [EOD Date 10/18/04] (K. Welch)
October 12, 2004 Filing 18 Notice of Intent to File Dispositive Motions. Dispositive Motions due by 11/1/04. Filed by MICHAEL O. LEAVITT (K. Welch)
October 1, 2004 Motion(s) referred: [17-1] motion to Extend Time to conduct discovery for 60 days referred to MAG/JUDGE WALLACE W. DIXON (R. Winchester)
September 23, 2004 Filing 17 MOTION with consent by JANE C. CALDWELL to Extend Time to conduct discovery for 60 days to and including 11/30/04. (N. Dickerson)
June 29, 2004 Opinion or Order Filing 16 ORDER granting [15-1] motion to Extend Time to and including August 2, 2004 to respond to discovery, including Interrogatories and Requests for Production of documents. Signed by MAG/JUDGE WALLACE W. DIXON. Ccs. Dist. [EOD Date 6/30/04] (K. Welch)
June 25, 2004 Motion(s) referred: [15-1] motion to Extend Time to and including August 2, 2004 to respond to discovery, including Interrogatories and Requests for Production of documents referred to MAG/JUDGE WALLACE W. DIXON (K. Welch)
June 24, 2004 Filing 15 MOTION with consent by MICHAEL O. LEAVITT to Extend Time to and including August 2, 2004 to respond to discovery, including Interrogatories and Requests for Production of documents (K. Welch)
January 30, 2004 Filing 14 NOTICE of Hearing: Set Jury Trial for 9:30 4/4/05 in UNASSIGNED COURTROOM , Set Trial Briefs, etc. deadline to 3/16/05 (R. Winchester)
December 15, 2003 Exceptional Case (K. Welch)
December 15, 2003 Filing 13 Joint Rule 26(f) Report and Order setting Discovery cutoff date as 9/30/04; Notice of Intent to file Disp. Motions due by 10/10/04; Exceptional case management track; This case is exempted from mediation, however, if the parties believe that a settlement conference with a mediator late in the discovery period would be helpful, then the parties will discuss that issue further; Plaintiff should be allowed until July 30, 2004 to request leave to join additional parties or to amend pleadings. Defendant should be allowed until August 30, 2004 to request leave to join additional parties or to amend pleadings; The parties have not agreed to reference the case to the Magistrate Judge. JURY TRIAL; (Signed by MAG/JUDGE WALLACE W. DIXON) ETT 5 days. Ccs dist. [EOD Date 12/16/03] (K. Welch) Modified on 01/05/2004
December 15, 2003 Opinion or Order Filing 12 ORDER granting [11-1] joint motion to substitute Michael O. Leavitt in place of Marianne Lamont Horinko as defendant. Signed by MAG/JUDGE WALLACE W. DIXON. Ccs dist. [EOD Date 12/16/03] (K. Welch)
December 4, 2003 CASE REFERRED to Mag/Jud Dixon re: proposed Jt. Rule 26(f) Report. (W. Williamson)
December 4, 2003 Motion(s) referred: [11-1] joint motion to substitute Michael O. Leavitt in place of Marianne Lamont Horinko referred to MAG/JUDGE WALLACE W. DIXON (W. Williamson)
December 3, 2003 Filing 11 JOINT MOTION by JANE C. CALDWELL, MARIANNE LAMONT HORINKO to substitute Michael O. Leavitt in place of Marianne Lamont Horinko . (fe)
November 13, 2003 Filing 10 NOTICE of Hearing: set Initial Pretrial Conference for 9:30 12/17/03 in DURHAM COURTROOM ( before MAG/JUDGE WALLACE W. DIXON ). Ccs. dist. (W. Williamson)
October 28, 2003 CASE AT ISSUE (fe)
October 28, 2003 Filing 9 ANSWER and Affirmative Defenses to Complaint by MARIANNE LAMONT HORINKO (fe)
October 17, 2003 Filing 8 NOTICE TO PARTIES RE STANDING ORDER 30. (D. Mccarty)
October 6, 2003 Opinion or Order Filing 7 ORDER (Signed by the Clerk) granting [6-1] motion to Extend Time to answer or otherwise respond; setting Answer deadline to 11/4/03 for MARIANNE LAMONT HORINKO . Ccs. dist. [EOD Date 10/6/03] (fe)
October 2, 2003 Filing 6 MOTION (with consent) by MARIANNE LAMONT HORINKO to Extend Time to answer or otherwise respond for 30 days, to 11/4/03. (fe) Modified on 10/03/2003
August 20, 2003 Filing 5 AFFIDAVIT OF SERVICE as to MARIANNE LAMONT HORINKO executed on 8/7/03 by certified mail returned receipt on the U.S. Atty. General. (N. Dickerson)
August 20, 2003 Filing 4 AFFIDAVIT OF SERVICE as to MARIANNE LAMONT HORINKO executed on 8/4/03 by certified mail returned receipt. (N. Dickerson)
August 20, 2003 Filing 3 AFFIDAVIT OF SERVICE as to MARIANNE LAMONT HORINKO executed on 8/5/03 by certified mail returned receipt on the U.S. Atty. Answer due on 10/5/03 for MARIANNE LAMONT HORINKO (N. Dickerson) Modified on 08/20/2003
July 28, 2003 STANDING ORDER 30 CASE (N. Dickerson)
July 28, 2003 CASE SELECTED FOR MEDIATION (N. Dickerson)
July 28, 2003 Notice of Right to Consent 28 USC 636(c)(2) (N. Dickerson)
July 28, 2003 Filing 2 SUMMONS issued for MARIANNE LAMONT HORINKO (N. Dickerson)
July 28, 2003 Filing 1 COMPLAINT with attachments; Filing Fee $150.00 Receipt #78436; jury demand (N. Dickerson)
July 28, 2003 **Case assigned to Magistrate Judge Dixon. AO Code 18RA (N. Dickerson)

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Defendant: MICHAEL O. LEAVITT
Represented By: JOAN BRODISH CHILDS
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Defendant: STEPHEN L. JOHNSON
Represented By: JOAN BRODISH CHILDS
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Defendant: LISA P. JACKSON
Represented By: JOAN BRODISH CHILDS
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Plaintiff: JANE C. CALDWELL
Represented By: JOHN HEYDT PHILBECK
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