Ponder v. City of Asheville
| Joy Ponder |
| City of Asheville and Scott Burnette |
| 1:2020cv00330 |
| November 17, 2020 |
| US District Court for the Western District of North Carolina |
| W Carleton Metcalf |
| Martin Reidinger |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Both |
Docket Report
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This docket was last retrieved on April 8, 2022. A more recent docket listing may be available from PACER.
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Filing 32
NOTICE of Voluntary Dismissal w/ Prejudice (Joint Stipulation) by Joy Ponder (Hunter, John)
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Filing 31
MEMORANDUM OF DECISION AND ORDER granting #20 "Defendants' Motion in Limine to Exclude Expert Opinion and Testimony of John D. Rukavina." Signed by Chief Judge Martin Reidinger on 3/7/2022. (khm) Modified text on 3/7/2022 (khm)
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Filing 30
MEMORANDUM OF DECISION AND ORDER granting in part and denying in part Defendant's #18 Motion for Summary Judgment as follows: (1) Defendants' Motion for Summary Judgment is GRANTED with respect to the Plaintiff's Title VII claims against Defendant Scott Burnette in his individual capacity, and those claims are hereby DISMISSED WITH PREJUDICE; (2) Defendants' Motion for Summary Judgment is GRANTED with respect to the Plaintiff's Title VII hostile work environment claim, and that claim is hereby DISMISSED WITH PREJUDICE; (3) Defendants' Motion for Summary Judgment is GRANTED with respect to the Plaintiff's intentional infliction of emotional distress claim, and that claim is hereby DISMISSED WITH PREJUDICE; (4) Defendants' Motion for Summary Judgment is GRANTED with respect to the Plaintiff's negligent infliction of emotional distress claim, and that claim is hereby DISMISSED WITH PREJUDICE; and (5) Defendants' Motion for Summary Judgment is DENIED with respect to the Plaintiff's Title VII disparate treatment claim against Defendant City of Asheville. Signed by Chief Judge Martin Reidinger on 3/7/2022. (khm) Modified text on 3/7/2022. (khm)
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Filing 29
SUPPLEMENTAL Pretrial Order and Case Management Plan. Signed by Chief Judge Martin Reidinger on 3/7/2022. (hms)
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Set/Reset Hearings: ***PLEASE NOTE CHANGE IN TIME*** Final Pretrial Conference set for 4/22/2022 10:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger. (khm)
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NOTICE of Hearing: Final Pretrial Conference set for 4/22/2022 at 9:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger. This is your only notice - you will not receive a separate document.(khm)
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Filing 28
REPLY to Response to Motion re #20 MOTION in Limine to Exlude Expert Opinion and Testimony of John D. Rukavina by Scott Burnette, City of Asheville. (Fletcher, Murphy)
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Filing 27
REPLY to Response to Motion re #18 MOTION for Summary Judgment by Scott Burnette, City of Asheville. (Attachments: #1 Exhibit A Ponder Deposition Excerpts, #2 Exhibit B. Burnette Deposition Excerpts, #3 Exhibit C Affidavit Burnette Declaration, #4 Exhibit D Rowe Deposition Excerpts)(Rockoff, Sabrina) Modified to correct attachment description on 12/8/2021 (hms).
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Filing 26
ORDER granting Pltf's #25 Unopposed MOTION to Seal, and Exhibit 14 to Pltf's #23 Memorandum in Opposition [Doc. 23-14] shall remain under seal until further Order of this Court; and the Clerk of Court is respectfully directed to remove all restrictions to access to Exhibits 1, 2, 5, 19, and 22 [Docs. 23-1, 23-2, 23-5, 23-19, 23-22] per the Pltf's request. Signed by Chief Judge Martin Reidinger on 12/7/2021. (ejb)
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Filing 25
Unopposed MOTION to Seal Document (Exhibit 14 to Docket Entry 23) by Joy Ponder. Responses due by 12/17/2021 (Attachments: #1 Exhibit) (Hunter, John)
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Filing 24
MEMORANDUM in Opposition re #20 MOTION in Limine to Exlude Expert Opinion and Testimony of John D. Rukavina by Joy Ponder. Replies due by 12/7/2021 (Attachments: #1 Exhibit 1)(Hunter, John)
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Filing 23
MEMORANDUM in Opposition re #18 MOTION for Summary Judgment by Joy Ponder. Replies due by 12/7/2021 (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 *Sealed Exhibit 14 **(Sealed - Attorney) (available to Joy Ponder, City of Asheville, Scott Burnette), #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 **Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 **Exhibit 22)(Hunter, John) Modified *text of Attachments #s 1, 2, 5, 14, 19 & 22 and restricted access to these attachments on 12/1/2021. NEF Regenerated. (ejb). Modified **text and removed access restrictions to Attachments #s 1, 2, 5, 19 and 22 per #26 Order on 12/7/2021. NEF Regenerated (ejb).
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Filing 22
Unopposed MOTION for Extension of Time to File Response/Reply to Motion for Summary Judgment and Motion In Limine by Joy Ponder. Responses due by 11/18/2021 (Hunter, John)
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TEXT-ONLY ORDER granting #22 Motion for Extension of Time to File Response/Reply to #18 MOTION for Summary Judgment, #20 MOTION in Limine to Exlude Expert Opinion and Testimony of John D. Rukavina. Responses due by 11/30/2021. Text of Order: The Plaintiff's Motion is GRANTED, and the Plaintiff shall have an additional 15 days, through and including November 30, 2021, within which to respond to the Defendant's Motion in Limine and Motion for Summary Judgment. So Ordered. Entered by Chief Judge Martin Reidinger on 11/4/21. (LMR)
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Filing 21
MEMORANDUM in Support re #20 MOTION in Limine to Exlude Expert Opinion and Testimony of John D. Rukavina by Scott Burnette, City of Asheville. (Fletcher, Murphy)
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Filing 20
MOTION in Limine to Exlude Expert Opinion and Testimony of John D. Rukavina by Scott Burnette, City of Asheville. Responses due by 11/15/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Fletcher, Murphy)
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Filing 19
MEMORANDUM in Support re #18 MOTION for Summary Judgment by Scott Burnette, City of Asheville. (Rockoff, Sabrina)
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Filing 18
MOTION for Summary Judgment by Scott Burnette, City of Asheville. Responses due by 11/15/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Rockoff, Sabrina)
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Filing 17
REPORT of Mediation. Outcome of Mediation: Parties reached an Impasse. (Carlson, Kenneth)
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TEXT-ONLY ORDER granting #16 Motion for Extension of Time of Scheduling Order Deadlines. re #16 Consent MOTION for Extension of Time of Scheduling Order Deadlines Defendants' Expert Disclosures due by 9/30/2021. Discovery due by 10/15/2021. Text of Order: The Defendants' Consent Motion is GRANTED, and the Defendants' deadline for the disclosure of retained medical experts is hereby EXTENDED to September 30, 2021. It is further ORDERED that the discovery deadline is hereby EXTENDED to October 15, 2021, for the purpose of deposing any experts retained by the parties or the Plaintiff's medical providers. So Ordered. Entered by Chief Judge Martin Reidinger on 8/30/21. (LMR)
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Filing 16
Consent MOTION for Extension of Time of Scheduling Order Deadlines by Scott Burnette, City of Asheville. Responses due by 9/10/2021 (Fletcher, Murphy) (Main Document 16 replaced to correct case number on document heading, on 8/28/2021) (hms).
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Filing 15
ORDER granting #14 Motion for Protective Order. Signed by Chief Judge Martin Reidinger on 08/16/2021. (hms)
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Filing 14
Joint MOTION for Protective Order by Scott Burnette, City of Asheville. Responses due by 8/19/2021 (Attachments: #1 Proposed Order) (Rockoff, Sabrina)
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Filing 13
Consent MOTION for Extension of Time of Scheduling Order Deadlines for Expert Reports by Joy Ponder. Responses due by 7/15/2021 (Hunter, John)
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TEXT-ONLY ORDER granting #13 Motion for Extension of Time to Disclose Experts Text of Order: The Plaintiff's Motion is GRANTED, and reports for retained experts under Rule 26(a)(2) will be due from the Plaintiff no later than July 31, 2021, and from the Defendants no later than September 1, 2021. So Ordered. Entered by Chief Judge Martin Reidinger on 7/1/21. (LMR)
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Filing 12
DESIGNATION of Carlson, Ken as Mediator by all the parties. (Hunter, John)
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Filing 11
Pretrial Order and Case Management Plan: Estimated Trial Time: 5 days. Discovery due by 9/30/2021. Motions due by 11/1/2021. Mediator Designation deadline set for 4/23/2021. Mediation deadline set for 10/15/2021. Jury Trial set for 5/9/2022 09:01 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger. Signed by Chief Judge Martin Reidinger on 4/2/2021. (rhf)
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Filing 10
Joint CERTIFICATION of initial attorney conference and discovery plan (Rockoff, Sabrina)
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Filing 9
NOTICE of Appearance by Murphy Horne Fletcher on behalf of All Defendants (Fletcher, Murphy)
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Filing 8
NOTICE of Appearance by Sabrina P. Rockoff on behalf of All Defendants (Rockoff, Sabrina)
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NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The #Certificate of Initial Attorneys Conference, and if applicable, the #Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 3/29/2021. (rhf)
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Filing 7
Defendants' ANSWER to #4 Amended Complaint by Scott Burnette, City of Asheville. (Attachments: #1 Certificate of Service)(Maddux, John)
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Magistrate Judge W. Carleton Metcalf no longer assigned to case. (kby)
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TEXT-ONLY ORDER granting #5 Motion to Stay Text of Order: The Plaintiff's Motion is GRANTED, and the deadline for the completion of the initial attorney conference in this matter is hereby stayed until fourteen (14) days after such time as the Defendants shall have filed answers to the First Amended Complaint. So Ordered. Entered by Chief Judge Martin Reidinger on 2/19/21. (LMR)
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Filing 6
Summons Issued Electronically as to Scott Burnette. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (hms)
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Filing 5
MOTION to Stay Initial Attorney Conference by Joy Ponder. Responses due by 2/24/2021 (Hunter, John). Motions referred to W. Carleton Metcalf.
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Filing 4
AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Joy Ponder.(Hunter, John)
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NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The #Certificate of Initial Attorneys Conference, and if applicable, the #Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 2/10/2021. (khm)
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Filing 3
ANSWER to #1 Complaint with Jury Demand by City of Asheville. (Attachments: #1 Certificate of Service)(Maddux, John)
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Filing 2
Summons Issued Electronically as to City of Asheville. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4. (maf)
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Case assigned to Chief Judge Martin Reidinger and Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(khm)
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Filing 1
COMPLAINT against City of Asheville with Jury Demand ( Filing fee $ 400 receipt number 0419-4764840), filed by Joy Ponder.(Hunter, John)
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