SCHWAB v. NOVANT HEALTH, INC. et al
| BRENDA GAYLE SCHWAB |
| FORSYTH MEMORIAL HOSPITAL, INC. and NOVANT HEALTH, INC. |
| 1:2017cv00871 |
| September 28, 2017 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Forsyth |
| WILLIAM L OSTEEN |
| JOE L WEBSTER |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 11, 2019. A more recent docket listing may be available from PACER.
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| Filing 43 JUDGMENT signed by JUDGE WILLIAM L. OSTEEN, JR on 7/11/2019. For the reasons set forth in the Order filed contemporaneously with this Judgment; the Motion for Summary Judgment filed by Defendant Forsyth Memorial Hospital, Inc., (Doc. #31 ), and the Motion for Summary Judgment filed by Defendant Novant Health, Inc., (Doc. #33 ), are GRANTED and that this case is DISMISSED. (Sheets, Jamie) |
Filing 42
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 7/11/2019; that the Motion for Summary Judgment filed by Defendant Forsyth Memorial Hospital, Inc., (Doc. #31 ), and the Motion for Summary Judgment filed by Defendant Novant Health, Inc., (Doc. #33 ), are GRANTED and that this case is DISMISSED. A judgment will be entered contemporaneously herewith. (Sheets, Jamie)
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| Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN, JR., in G-1: Hearing held on 7/10/2019 re: #31 MOTION for Summary Judgment filed by FORSYTH MEMORIAL HOSPITAL, INC., #33 MOTION for Summary Judgment filed by Novant Health, Inc., NOVANT HEALTH, INC. Attorney Alton Absher, Jr. appeared on behalf of Plaintiff. Attorney Kimberly Lehman appeared on behalf of Defendants. For the reasons stated in the record, the Court finds #31 Motion for Summary Judgment and #33 Motion for Summary Judgment should be granted. (Written Order forthcoming) (Court Reporter Joseph Armstrong.) (Welch, Kelly) |
| Filing 41 NOTICE OF HEARING: Motion Hearing set for 7/10/2019 02:00 PM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly) |
| Motions Submitted re: #31 MOTION for Summary Judgment, #33 MOTION for Summary Judgment, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly) |
| Filing 40 REPLY, filed by Defendant FORSYTH MEMORIAL HOSPITAL, INC., to Response to #31 MOTION for Summary Judgment filed by FORSYTH MEMORIAL HOSPITAL, INC.. (LEHMAN, KIMBERLY) |
| Filing 39 REPLY, filed by Defendant NOVANT HEALTH, INC., to Response to #33 MOTION for Summary Judgment filed by NOVANT HEALTH, INC.. (LEHMAN, KIMBERLY) |
| Filing 38 MEMORANDUM filed by Plaintiff BRENDA GAYLE SCHWAB re #37 Response in Opposition to Motion. (ABSHER, ALTON) Modified on 3/7/2019 to edit text and terminate incorrectly set deadline. (Sheets, Jamie) |
| Filing 37 RESPONSE in Opposition re #33 MOTION for Summary Judgment filed by Novant Health, inc., NOVANT HEALTH, INC. Response filed by BRENDA GAYLE SCHWAB. Replies due by 3/20/2019 (Attachments: #1 Exhibit Absher Declaration, #2 Exhibit NH - Web Page)(ABSHER, ALTON) |
| Filing 36 MEMORANDUM filed by Plaintiff BRENDA GAYLE SCHWAB re #35 Response in Opposition to Motion. (ABSHER, ALTON) Modified on 3/7/2019 to edit text and terminate incorrectly set deadine. (Sheets, Jamie) |
| Filing 35 RESPONSE in Opposition re #31 MOTION for Summary Judgment filed by FORSYTH MEMORIAL HOSPITAL, INC. Response filed by BRENDA GAYLE SCHWAB. Replies due by 3/20/2019 (Attachments: #1 Exhibit Perf Evaluation, #2 Exhibit Co-Worker Statements, #3 Exhibit Excerpts Schwab Deposition, #4 Exhibit Anonymous Letter, #5 Exhibit Unpub Opinion - Burgess, #6 Exhibit Declaration - Schwab)(ABSHER, ALTON) |
| Filing 34 MEMORANDUM filed by Defendant NOVANT HEALTH, INC. re #33 MOTION for Summary Judgment filed by NOVANT HEALTH, INC.. (LEHMAN, KIMBERLY) |
| Filing 33 MOTION for Summary Judgment by NOVANT HEALTH, INC.. Response to Motion due by 3/6/2019 (Attachments: #1 Exhibit Deposition Excerpts from Plaintiff's deposition, #2 Exhibit Exhibit from Plaintiff's deposition, #3 Exhibit Declaration of Carolyn Edmond, #4 Exhibit Declaration of Chad Setliff, #5 Exhibit Declaration of John Morris, #6 Exhibit Declaration of Lawrence Nycum, MC)(LEHMAN, KIMBERLY) |
| Filing 32 MEMORANDUM filed by Defendant FORSYTH MEMORIAL HOSPITAL, INC. re #31 MOTION for Summary Judgment filed by FORSYTH MEMORIAL HOSPITAL, INC.. (LEHMAN, KIMBERLY) |
| Filing 31 MOTION for Summary Judgment by FORSYTH MEMORIAL HOSPITAL, INC.. Response to Motion due by 3/6/2019 (Attachments: #1 Exhibit Deposition excerpts from Plaintiff's deposition, #2 Exhibit Exhibits from Plaintiff's deposition, #3 Exhibit Declaration of Lawrence Nycum, MD, #4 Exhibit Declaration of Carolyn Edmond)(LEHMAN, KIMBERLY) |
| Filing 30 NOTICE of Intent to File Dispositive Motions by Defendants FORSYTH MEMORIAL HOSPITAL, INC., NOVANT HEALTH, INC. (LEHMAN, KIMBERLY) |
| Filing 29 REPORT OF MEDIATOR from Jonathan Harkavy - Mediation Held on 12/4/2018. (Impasse)(Gammon, Cheryl) |
| Filing 28 NOTICE OF HEARING: Master Trial Calendar: OCTOBER 2019. Jury Trial set for 10/7/2019 09:30 AM in Unassigned Courtroom. Trial Briefs, etc due: 9/16/2019. (Welch, Kelly) |
| Filing 27 PROTECTIVE ORDER signed by MAG/JUDGE JOE L. WEBSTER on 6/28/2018 as set out herein. (Sheets, Jamie) |
| Motion Referred re: #26 Joint MOTION for Protective Order, to MAG/JUDGE JOE L. WEBSTER. (Welch, Kelly) |
| Filing 26 Joint MOTION for Protective Order by FORSYTH MEMORIAL HOSPITAL, INC., NOVANT HEALTH, INC.. Response to Motion due by 7/9/2018 (Attachments: #1 Text of Proposed Order Proposed Protective Order)(LEHMAN, KIMBERLY) |
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Filing 25
ORDER Appointing JONATHAN R. HARKAVY as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl)
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Filing 24
ORDER APPROVING JOINT RULE 26(f) REPORT (Docket Entry #23 ) without modification signed by MAG/JUDGE JOE L. WEBSTER on 5/3/2018; Discovery shall be placed on a case-management track designated in LR26.1 as complex. Discovery due by 1/4/2019. Mediation should be conducted late in the discovery period, the exact date to be set by the mediator after consultation with the parties. The parties agree that the mediator shall be Jon Harkavy. Trial is expected to take approximately three (3) to four (4) days. A jury trial has been demanded. (Sheets, Jamie)
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| MEDIATION SCHEDULING ORDER ; Mediation due by 1/4/2019. (Gammon, Cheryl) |
| Motions Referred: RE: #23 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim) |
| Filing 23 Rule 26(f) Report (Joint) filed by all parties by FORSYTH MEMORIAL HOSPITAL, INC., NOVANT HEALTH, INC..(LEHMAN, KIMBERLY) |
| Filing 22 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 5/23/2018 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim) |
| Filing 21 ANSWER to Amended Complaint by FORSYTH MEMORIAL HOSPITAL, INC., NOVANT HEALTH, INC.. (LEHMAN, KIMBERLY) |
| Filing 20 First AMENDED COMPLAINT against defendant All Defendants, filed by BRENDA GAYLE SCHWAB.(ABSHER, ALTON) |
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Filing 19
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 1/5/2018; that Plaintiff's Consent Motion to Amend Complaint (Docket Entry #17 ) is GRANTED, and Plaintiff may file their First Amended Complaint by January 12, 2018. (Sheets, Jamie)
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| Motion Referred re: #17 First MOTION to Amend Complaint, to MAG/JUDGE JOE L. WEBSTER (Welch, Kelly) |
| Filing 18 RESPONSE re #17 First MOTION to Amend Complaint filed by FORSYTH MEMORIAL HOSPITAL, INC., NOVANT HEALTH, INC.. Replies due by 1/16/2018 (LEHMAN, KIMBERLY) |
| Filing 17 First MOTION to Amend Complaint by BRENDA GAYLE SCHWAB. Response to Motion due by 1/3/2018 (Attachments: #1 Exhibit Amended Complaint)(ABSHER, ALTON) |
| Filing 16 WITHDRAWAL of Motion by Defendants FORSYTH MEMORIAL HOSPITAL, INC., NOVANT HEALTH, INC. re #10 MOTION to Strike #7 Complaint, or alternatively seal the complaint filed by Novant Health, inc., FORSYTH MEMORIAL HOSPITAL, INC., NOVANT HEALTH, INC. (LEHMAN, KIMBERLY) |
| Filing 15 MEMORANDUM filed by Plaintiff BRENDA GAYLE SCHWAB re #14 Response to Motion as to #10 MOTION to Strike #7 Complaint, or alternatively seal the complaint filed by FORSYTH MEMORIAL HOSPITAL, INC., NOVANT HEALTH, INC., filed by BRENDA GAYLE SCHWAB. (ABSHER, ALTON) Modified on 11/17/2017 to edit text, link to correct pleading and remove incorrectly set deadline. (Sheets, Jamie). |
| Filing 14 RESPONSE to Defendants Motion filed by Plaintiff BRENDA GAYLE SCHWAB re #10 MOTION to Strike #7 Complaint, or alternatively seal the complaint filed by Novant Health, inc., FORSYTH MEMORIAL HOSPITAL, INC., NOVANT HEALTH, INC. filed by BRENDA GAYLE SCHWAB. Replies due by 11/30/2017 (ABSHER, ALTON) |
| Filing 13 Corrected document re #11 Memorandum,. (HOLLAND, BENJAMIN) |
| Filing 12 ANSWER to #7 Complaint, by FORSYTH MEMORIAL HOSPITAL, INC., NOVANT HEALTH, INC.. (HOLLAND, BENJAMIN) |
| Filing 11 MEMORANDUM filed by Defendants FORSYTH MEMORIAL HOSPITAL, INC., NOVANT HEALTH, INC. re #10 MOTION to Strike #7 Complaint, or alternatively seal the complaint filed by FORSYTH MEMORIAL HOSPITAL, INC., NOVANT HEALTH, INC.. (HOLLAND, BENJAMIN) |
| Filing 10 MOTION to Strike #7 Complaint, or alternatively seal the complaint by FORSYTH MEMORIAL HOSPITAL, INC., NOVANT HEALTH, INC.. Response to Motion due by 11/16/2017 (HOLLAND, BENJAMIN) |
| Filing 9 Notice of Right to Consent. (Attachments: #1 Consent Form)(Coyne, Michelle) |
| Case ASSIGNED to CHIEF JUDGE WILLIAM L. OSTEEN, JR and MAGISTRATE JUDGE JOE L. WEBSTER. Set flag for Magistrate Judge Joe L. Webster. (Coyne, Michelle) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Coyne, Michelle) |
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ORDER granting #6 Motion for Extension of Time to Answer for FORSYTH MEMORIAL HOSPITAL, INC. and NOVANT HEALTH, INC. Answer due by 10/26/2017. Signed by John Brubaker, Clerk of Court, on 09/29/2017. (Brubaker, John)
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| Filing 8 Summons Issued as to FORSYTH MEMORIAL HOSPITAL, INC., NOVANT HEALTH, INC. (Original document issued in Forsyth County Superior Court on 8/18/2017 case number 17CVS5249 and is listed as Exhibit 1 to the petition for Removal) (Coyne, Michelle) |
| Filing 7 COMPLAINT against FORSYTH MEMORIAL HOSPITAL, INC., NOVANT HEALTH, INC., filed by BRENDA GAYLE SCHWAB. (Original document filed in Forsyth County Superior Court, Case No.: 17CVS5249 and is listed as exhibit 1 to the Petition for Removal)(Coyne, Michelle) |
| Filing 6 Consent MOTION for Extension of Time to File Answer by FORSYTH MEMORIAL HOSPITAL, INC., NOVANT HEALTH, INC.. (Attachments: #1 Text of Proposed Order Proposed Order re Consent Motion)(LEHMAN, KIMBERLY) |
| Filing 5 NOTICE of Appearance by attorney BENJAMIN R. HOLLAND on behalf of Defendants FORSYTH MEMORIAL HOSPITAL, INC., NOVANT HEALTH, INC. (HOLLAND, BENJAMIN) |
| Filing 4 NOTICE of Appearance by attorney KIMBERLY JOYCE LEHMAN on behalf of Defendants FORSYTH MEMORIAL HOSPITAL, INC., NOVANT HEALTH, INC. (LEHMAN, KIMBERLY) |
| Filing 3 Corporate Disclosure Statement by FORSYTH MEMORIAL HOSPITAL, INC. identifying Corporate Parent Novant Health, inc., Corporate Parent Novant Health Triad Region, LLC for FORSYTH MEMORIAL HOSPITAL, INC... (LEHMAN, KIMBERLY) |
| Filing 2 Corporate Disclosure Statement by NOVANT HEALTH, INC.. (LEHMAN, KIMBERLY) |
| Filing 1 PETITION FOR REMOVAL against All Plaintiffs ( Filing fee $ 400 receipt number 0418-2209234.), filed by NOVANT HEALTH, INC., FORSYTH MEMORIAL HOSPITAL, INC.. (Attachments: #1 Exhibit State Court Pleadings)(LEHMAN, KIMBERLY) |
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