THOMAS v. EAST PENN MANUFACTURING CO.
| Asiyah Thomas |
| East Penn Manufacturing Co. |
| 1:2019cv00312 |
| March 19, 2019 |
| US District Court for the Middle District of North Carolina |
| WILLIAM L OSTEEN |
| JOE L WEBSTER |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 1, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 31
STIPULATION of Dismissal of case by ASIYAH THOMAS. (WINIKOFF, BENJAMIN)
|
|
Filing 30
REPORT OF MEDIATOR from Angela Gray - Mediation Held on 1/12/2021. (Complete Settlement of the case).(Bond, Melisa)
|
|
Case Reported Settled at Mediation. (Bond, Melisa)
|
|
Case Reported Settled - Stipulation of Dismissal due by 2/26/2021. (Bond, Melisa)
|
|
Filing 29
ORDER Appointing ANGELA N. GRAY, as the substitute Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Kemp, Donita)
|
|
Filing 28
ORDER Appointing KENNETH P. CARLSON, JR., as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Kemp, Donita)
|
|
MEDIATION SCHEDULING ORDER; Mediation due by 5/28/2021.(Kemp, Donita)
|
|
Filing 27
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 10/1/2020 approving #26 RULE 26F (JOINT) without modification. Discovery shall be established as Complex. Mediation should be conducted during 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 Ken Carlson. The parties have agreed not to refer the case to a Magistrate Judge or to have a master appointed. Trial of this action is expected to take approximately 3-5 days. A jury trial has been demanded. Plaintiff's Amended Pleadings due by 11/6/2020. Defendant's Amended Pleadings due by 12/6/2020. Discovery due by 5/28/2021. Joinder of Parties for Plaintiff due by 11/6/2020. Joinder of Parties for Defendant due by 12/6/2020. (Garland, Leah)
|
|
TEXT ORDER granting #25 Joint Motion for Extension of Time to file a Joint Rule 26(f) Report in this matter. For good cause shown, the motion is granted and the Joint Rule 26(f) Report (Docket Entry 26) is deemed timely filed. Issued by MAG/JUDGE JOE L. WEBSTER on 10/1/2020.(Lee, Pedra)
|
|
Motions Referred: RE: #26 Rule 26(f) Report (Joint) filed by all parties, #25 JOINT MOTIONFOR EXTENSION OF TIME TO FILE A JOINT RULE 26(F) REPORT, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
|
|
Filing 26
Rule 26(f) Report (Joint) filed by all parties by ASIYAH THOMAS.(WINIKOFF, BENJAMIN)
|
|
Filing 25
JOINT MOTIONFOR EXTENSION OF TIME TO FILE A JOINT RULE 26(F) REPORT by ASIYAH THOMAS. (Attachments: #1 Text of Proposed Order)(WINIKOFF, BENJAMIN)
|
|
Filing 24
MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 7/28/2020, that Defendant's Motion for Judgment on the Pleadings, (Doc. #14 ), is DENIED IN PART AND GRANTED IN PART. Defendant's Motion is GRANTED as to Claim Two and as to Claims One and Three to the extent they rely on a hostile work environment claim. Defendant's Motion is DENIED as to Claim Four as well as Claims One and Three to the extent those claims rely on a wrongful termination claim. (Garland, Leah)
|
|
TEXT ORDER Granting #18 Motion to Continue Pre-Trial Conference and Stay Discovery; Terminating #21 RULE 26F (JOINT). Defendant asserts that discovery should be stayed pending the Court's ruling upon its Motion for Judgment on the Pleadings ("Rule 12(c) Motion") for two reasons. First, Defendant argues that the Rule 12(c) Motion is dispositive and, thus, "has the potential to render all discovery in this cause moot." (See Docket Entry 18 at 2.) Second, even if the case is not entirely dismissed, Defendant contends that the Rule 12(c) Motion is based, in part, upon the doctrines of res judicata and collateral estoppel, which, if successful, would limit the scope of discovery. (Id.) In opposition to Defendant's Motion, Plaintiff argues that the Motion to Stay should be denied because Defendant has not met its burden of showing "good cause" to stay discovery. (Docket Entry 19.) Considering the parties' arguments and the applicable rules governing motions to stay discovery, the Court will grant the motion and stay discovery in this matter. Rule 26(c) of the Federal Rules of Civil Procedure authorizes the court to issue orders establishing limitations on discovery. The scope and conduct of discovery are in the sound discretion of the district court. Erdmann v. Preferred Research, Inc., 852 F.2d 788, 792 (4th Cir. 1988). "Factors favoring issuance of a stay include the potential for the dispositive motion to terminate all the claims in the case or all the claims against particular defendants, strong support for the dispositive motion on the merits, and irrelevancy of the discovery at issue to the dispositive motion." Yongo, 2008 WL 516744, at *2 (citing Tilley v. United States, 270 F. Supp. 2d 731, 735 (M.D.N.C. 2003)). "In deciding whether to stay discovery pending resolution of a pending motion, the Court inevitably must balance the harm produced by a delay in discovery against the possibility that the motion will be granted and entirely eliminate the need for such discovery." Simpson v. Specialty Retail Concepts, Inc., 121 F.R.D. 261, 263 (M.D.N.C. 1988). Thus, while motions to stay discovery are generally not favored because delaying discovery can create case management problems and cause unnecessary litigation expenses, such a request may be more appropriate where the resolution of a motion to dismiss or for judgment on the pleadings could dispose of the entire case. Id. Here, the Court finds that a stay is appropriate in this matter, particularly in light of Defendant's grounds for dismissal under Rule 12(c) (alleging the doctrines of res judicata and/or collateral estoppel), the irrelevancy of discovery in order to rule upon the dispositive motion, and the lack of prejudice to Plaintiff upon delaying discovery. This action has only been pending for approximately seven months, and Defendant has made representations to the Court that it has taken affirmative steps to preserve any and all discoverable documents and information in its possession, custody and/or control. (Docket Entry 18 at 2.) The Court thus GRANTS Defendant's Motion and discovery shall be STAYED in this action. The Parties' Joint Rule 26(f) Report (Docket Entry 21) shall be TERMINATED. Upon a ruling on Defendant's Motion for Judgment on the Pleadings, the parties shall, if necessary, have fourteen (14) days to submit an Amended Joint Rule 26(f) Report. Issued by MAG/JUDGE JOE L. WEBSTER on 10/7/2019.(Lee, Pedra)
|
|
Motion Submitted re: #14 MOTION for Judgment on the Pleadings, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)
|
|
Filing 23
REPLY, filed by Defendant EAST PENN MANUFACTURING CO., to Response to #14 MOTION for Judgment on the Pleadings filed by EAST PENN MANUFACTURING CO.. (FINAN, CHRISTOPHER)
|
|
Filing 22
RESPONSE in Opposition re #14 MOTION for Judgment on the Pleadings filed by EAST PENN MANUFACTURING CO. filed by ASIYAH THOMAS. Replies due by 8/5/2019 (WINIKOFF, BENJAMIN)
|
|
Motions Referred: RE: #21 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
|
|
Filing 21
Rule 26(f) Report (Joint) filed by all parties by ASIYAH THOMAS.(WINIKOFF, BENJAMIN)
|
|
Motion Referred: RE: #18 MOTION to Continue Pre-Trial Conference and Stay Discovery, to MAG/JUDGE JOE L. WEBSTER (Welch, Kelly)
|
|
Filing 20
REPLY, filed by Defendant EAST PENN MANUFACTURING CO., to Response to #18 MOTION to Continue Pre-Trial Conference and Stay Discovery filed by EAST PENN MANUFACTURING CO.. (FINAN, CHRISTOPHER)
|
|
Filing 19
RESPONSE filed by Plaintiff ASIYAH THOMAS re #18 MOTION to Continue Pre-Trial Conference and Stay Discovery filed by EAST PENN MANUFACTURING CO. filed by ASIYAH THOMAS. Replies due by 7/29/2019 (WINIKOFF, BENJAMIN)
|
|
TEXT ORDER shortening response time to #18 MOTION to Continue Pre-Trial Conference and Stay Discovery filed by EAST PENN MANUFACTURING CO. Response Due 7/15/2019; Reply due 7/17/2019. Issued by MAG/JUDGE JOE L. WEBSTER on 7/11/2019. (Lee, Pedra)
|
|
Motion Referred re: #18 MOTION to Continue Pre-Trial Conference and Stay Discovery, to MAG/JUDGE JOE L. WEBSTER (Welch, Kelly)
|
|
Filing 18
MOTION to Continue Pre-Trial Conference and Stay Discovery by EAST PENN MANUFACTURING CO.. Responses due by 7/22/2019 (Attachments: #1 Text of Proposed Order Order Continuing Pre-Trial Conference and Staying Discovery)(FINAN, CHRISTOPHER)
|
|
Filing 17
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 06/12/2019, that Plaintiff's motion for extension, (Doc. #16 ), is GRANTED and that Plaintiff shall have up to and including July 21, 2019, within which to file a response to Defendant's motion for judgment on the pleadings. (Garland, Leah)
|
|
Filing 16
Consent MOTION for Extension of Time to File Response/Reply as to #14 MOTION for Judgment on the Pleadings by ASIYAH THOMAS. (WINIKOFF, BENJAMIN)
|
|
Filing 15
MEMORANDUM filed by Defendant EAST PENN MANUFACTURING CO. re #14 MOTION for Judgment on the Pleadings Memorandum in Support of Defendant's Motion for Judgment on the Pleadings filed by EAST PENN MANUFACTURING CO.. (FINAN, CHRISTOPHER)
|
|
Filing 14
MOTION for Judgment on the Pleadings by EAST PENN MANUFACTURING CO.. Response to Motion due by 6/21/2019 (FINAN, CHRISTOPHER)
|
|
Filing 13
NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 7/24/2019 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim)
|
|
Filing 12
ANSWER to #1 Complaint by EAST PENN MANUFACTURING CO.. (FINAN, CHRISTOPHER)
|
|
Filing 11
NOTICE of Association of Attorney by THERESA M. ZECHMAN on behalf of Defendant EAST PENN MANUFACTURING CO. (ZECHMAN, THERESA)
|
|
Filing 10
NOTICE of Association of Attorney by GARY D. MELCHIONNI on behalf of Defendant EAST PENN MANUFACTURING CO. (MELCHIONNI, GARY)
|
|
Filing 9
MOTION for Extension of Time to File Answer re #1 Complaint by EAST PENN MANUFACTURING CO.. (Attachments: #1 Text of Proposed Order Order Granting Motion for Extension of Time to Respond to Plaintiff's Complaint)(FINAN, CHRISTOPHER)
|
|
Filing 8
Corporate Disclosure Statement by EAST PENN MANUFACTURING CO. identifying Corporate Parent EAST PENN MANUFACTURING CO. INC. for EAST PENN MANUFACTURING CO... (FINAN, CHRISTOPHER)
|
|
Filing 7
NOTICE of Appearance by attorney ROBERT AKIN BRINSON on behalf of Defendant EAST PENN MANUFACTURING CO. (BRINSON, ROBERT)
|
|
Filing 6
NOTICE of Appearance by attorney CHRISTOPHER CHARLES FINAN on behalf of Defendant EAST PENN MANUFACTURING CO. (FINAN, CHRISTOPHER)
|
|
ORDER granting #9 Motion for Extension of Time to Answer filed by EAST PENN MANUFACTURING CO. Answer due 5/27/2019. Signed by Keah Marsh on behalf of John Brubaker, Clerk of Court, on 4/16/2019.(Marsh, Keah)
|
|
Filing 5
AFFIDAVIT OF SERVICE as to EAST PENN MANUFACTURING CO. served on 4/3/2019, answer due 4/24/2019. (WINIKOFF, BENJAMIN)
|
|
Filing 4
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 CONSENT FORM)(Coyne, Michelle)
|
|
Filing 3
Summons Issued as to EAST PENN MANUFACTURING CO. (Coyne, Michelle)
|
|
Filing 2
NOTICE of Appearance by attorney BENJAMIN P. WINIKOFF on behalf of Plaintiff ASIYAH THOMAS (WINIKOFF, BENJAMIN)
|
|
Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE JOE L. WEBSTER. (Garland, Leah)
|
|
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. (Garland, Leah)
|
|
Filing 1
COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2534179.), filed by Asiyah Thomas.(ELLIOT, ROBERT)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the North Carolina Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
