Duvall v. Novant Health, Inc.
Plaintiff: Mr. David L. Duvall and David L. Duvall
Defendant: Novant Health, Inc.
Case Number: 3:2019cv00624
Filed: November 18, 2019
Court: US District Court for the Western District of North Carolina
Presiding Judge: David S Cayer
Referring Judge: Frank D Whitney
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 2000 e
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 28, 2021 Opinion or Order Filing 101 TRANSCRIPT REQUEST by Novant Health, Inc. for proceedings held on October 18, 2021 - October 26, 2021 before Judge David S. Cayer. (Holland, Benjamin)
October 27, 2021 Opinion or Order ORAL ORDER Setting Deadlines. Briefing on remaining issues and post-trial motions due 12/3/2021. Briefing on punitive damages due 12/17/2021. Entered by Magistrate Judge David S. Cayer on 10/26/2021. (mek)
October 26, 2021 Opinion or Order Filing 100 Document deleted; docketed in error. Modified on 10/26/2021 (mek).
October 26, 2021 Opinion or Order Filing 99 JURY VERDICT (Attachment: #1 Unredacted Signature Page)(mek)
October 26, 2021 Opinion or Order Minute Entry: JURY TRIAL held before Magistrate Judge David S. Cayer. Jury continued deliberations. Jury returns verdict. The Court set briefing schedules for remaining issues and post-trial motions. Plaintiffs attorney: S. Luke Largess. Defendants attorney: Benjamin Robert Holland and Margaret Santen Hanrahan. Court reporter: Jill Turner. (mek) Modified text on 10/27/2021 (mek).
October 25, 2021 Opinion or Order Minute Entry: JURY TRIAL held before Magistrate Judge David S. Cayer. Closing arguments. Courts charge. Jury retires to deliberate. Jury Trial set for 10/26/2021 09:30 AM in Courtroom #1B, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David S. Cayer. Plaintiffs attorney: S. Luke Largess. Defendants attorney: Benjamin Robert Holland and Margaret Santen Hanrahan. Court reporter: Jill Turner. (mek)
October 22, 2021 Opinion or Order Minute Entry: JURY TRIAL held before Magistrate Judge David S. Cayer. Evidence Introduced. Defendant rested. Oral Renewed Motion for Judgment as a Matter of Law is Denied by Court. Jury Trial set for 10/25/2021 09:30 AM in Courtroom #1B, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David S. Cayer. Plaintiffs attorney: S. Luke Largess. Defendants attorney: Benjamin Robert Holland and Margaret Santen Hanrahan. Court reporter: Jill Turner. (mek)
October 21, 2021 Opinion or Order Minute Entry: JURY TRIAL held before Magistrate Judge David S. Cayer. Evidence Introduced. Plaintiff rested. Oral Motion for Judgment as a Matter of Law is Denied by Court. Jury Trial set for 10/22/2021 09:30 AM in Courtroom #1B, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David S. Cayer. Plaintiffs attorney: S. Luke Largess. Defendants attorney: Benjamin Robert Holland and Margaret Santen Hanrahan. Court reporter: Jill Turner. (mek)
October 20, 2021 Opinion or Order Minute Entry: JURY TRIAL held before Magistrate Judge David S. Cayer. Evidence Introduced. Evidence Continued. Jury Trial set for 10/21/2021 09:30 AM in Courtroom #1B, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David S. Cayer. Plaintiffs attorney: S. Luke Largess. Defendants attorney: Benjamin Robert Holland and Margaret Santen Hanrahan. Court reporter: Jill Turner. (mek)
October 19, 2021 Opinion or Order Minute Entry: JURY TRIAL held before Magistrate Judge David S. Cayer. Evidence Introduced. Evidence continued. Jury Trial set for 10/20/2021 09:30 AM in Courtroom #1B, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David S. Cayer. Plaintiffs attorney: S. Luke Largess. Defendants attorney: Benjamin Robert Holland and Margaret Santen Hanrahan. Court reporter: Jill Turner. (mek)
October 18, 2021 Opinion or Order Filing 98 Exhibit List for Plaintiff by David L. Duvall.(Largess, S.)
October 18, 2021 Opinion or Order Minute Entry: JURY TRIAL held before Magistrate Judge David S. Cayer. Jury selected and sworn. Opening Statements. Evidence Introduced. Evidence continued. Jury Trial set for 10/19/2021 09:30 AM in Courtroom #1B, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David S. Cayer. Plaintiffs attorney: S. Luke Largess. Defendants attorney: Benjamin Robert Holland and Margaret Santen Hanrahan. Court reporter: Jill Turner. (mek)
October 15, 2021 Opinion or Order Filing 97 Witness List (Sealed - Participants) by Novant Health, Inc.(Littrell, Sara)
October 15, 2021 Opinion or Order Filing 96 Witness List (Sealed - Participants) by David L. Duvall(Largess, S.) (Main Document 96 replaced with non-fillable version on 10/21/2021) (mek).
September 10, 2021 Opinion or Order NOTICE of Hearing: Jury Trial RESET for 10/18/2021 09:30 AM in Courtroom #1B, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David S. Cayer. This is your only notice - you will not receive a separate document.(mek)
September 10, 2021 Opinion or Order Minute Entry: TELEPHONE CONFERENCE held before Magistrate Judge David S. Cayer. Plaintiff moved to continue trial. Court granted oral motion. New trial date to be noticed. Plaintiffs attorney: S. Luke Largess. Defendants attorney: Benjamin Robert Holland. (mek)
September 9, 2021 Opinion or Order Filing 95 RESPONSE in Opposition re #92 MOTION to Quash Subpoenas and Strike Witnesses by David L. Duvall. Replies due by 9/16/2021 (Attachments: #1 Exhibit A - letter to witnesses, #2 Exhibit B - Letter to Capps, #3 Exhibit C - Letter to Brunstetter, #4 Exhibit D - Krebs Declaration)(Largess, S.)
September 9, 2021 Opinion or Order TEXT-ONLY ORDER finding as moot #92 Motion to Quash. For reasons stated in Plaintiff's "Response..." #95 , the Motion to Quash is denied as moot. So Ordered. Entered by Magistrate Judge David S. Cayer on 9/9/2021. (DLG)
September 7, 2021 Opinion or Order TEXT-ONLY ORDER denying #88 Motion for Reconsideration re #84 Order on Motion in Limine. For the reasons previously stated in the Court's Order #84 and during the July 7, 2021 Final Pretrial Conference, as well as for the reasons stated in "Defendant's Response..." #94 , the Motion is denied. So Ordered. Entered by Magistrate Judge David S. Cayer on 9/7/2021. (DLG)
September 3, 2021 Opinion or Order Filing 94 RESPONSE in Opposition re #88 MOTION for Reconsideration re #84 Order on Motion in Limine,,, by Novant Health, Inc.. Replies due by 9/10/2021 (Attachments: #1 Exhibit A - Excerpts from Plaintiff's Deposition)(Littrell, Sara)
September 2, 2021 Opinion or Order Filing 93 MEMORANDUM in Support re #92 MOTION to Quash Subpoenas and Strike Witnesses by Novant Health, Inc.. (Holland, Benjamin)
September 2, 2021 Opinion or Order Filing 92 MOTION to Quash Subpoenas and Strike Witnesses by Novant Health, Inc.. Responses due by 9/16/2021 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P) (Holland, Benjamin)
September 2, 2021 Opinion or Order Filing 91 Witness List (Sealed - Participants) by David L. Duvall(Largess, S.)
August 30, 2021 Opinion or Order Filing 90 Witness List (Sealed - Participants) by David L. Duvall(Largess, S.)
August 30, 2021 Opinion or Order Filing 89 Exhibit List by David L. Duvall. (Attachments: #1 Exhibit List page 2, #2 Exhibit List page 3, #3 Exhibit List page 4, #4 Exhibit List page 4)(Largess, S.)
August 25, 2021 Opinion or Order Filing 88 MOTION for Reconsideration re #84 Order on Motion in Limine by David L. Duvall. Responses due by 9/8/2021 (Attachments: #1 Memorandum In Support of Reconsideration, #2 Exhibit Trial Ex. 17, #3 Exhibit Everett Dep Excerpts, #4 Exhibit Cureton Dep Excerpts, #5 Exhibit Armato Del Excerpts, #6 Exhibit Grady Dep Excerpts, #7 Exhibit Trial Exhibit 19, #8 Exhibit Garrett Dep excerpts, #9 Exhibit Zweng Severance Excerpts, #10 Exhibit Brunstetter Excerpts, #11 Exhibit 2013 Severance Policy) (Largess, S.)
July 7, 2021 Opinion or Order Minute Entry: PRETRIAL CONFERENCE held before Magistrate Judge David S. Cayer. Plaintiffs attorney: S. Luke Largess. Defendants attorney: Benjamin Robert Holland, Elizabeth R. Gift, Sara Abigail Littrell, Margaret Santen Hanrahan. Court reporter: Huesby. (mek)
June 24, 2021 Opinion or Order Filing 86 ORDER granting in part and denying in part #74 Proposed Supplemental Voir Dire, as set forth herein. Signed by Magistrate Judge David S. Cayer on 6/24/2021. (mek)
June 23, 2021 Opinion or Order Filing 85 NOTICE of Appearance by Margaret Santen Hanrahan on behalf of Novant Health, Inc. (Hanrahan, Margaret)
June 22, 2021 Opinion or Order Filing 84 ORDER granting in part and denying in part #70 Consolidated Motions in Limine and granting #76 Motion in Limine, as set forth herein. Signed by Magistrate Judge David S. Cayer on 6/22/2021. (mek) Modified text on 6/22/2021 (mek).
June 22, 2021 Opinion or Order NOTICE of Hearing: Pretrial Conference set for 7/7/2021 01:30 PM in Courtroom #1B, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David S. Cayer. This is your only notice - you will not receive a separate document.(mek)
May 26, 2021 Opinion or Order NOTICE of Hearing: Jury Trial set for 9/13/2021 09:30 AM in Courtroom #1B, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David S. Cayer. This is your only notice - you will not receive a separate document.(mek)
May 5, 2021 Opinion or Order Filing 83 REPLY to Response to Motion re #70 MOTION in Limine by Novant Health, Inc.. (Attachments: #1 Exhibit Additional Armato Testimony, #2 Exhibit SVP C Testimony)(Gift, Elizabeth)
April 28, 2021 Opinion or Order Filing 82 RESPONSE in Opposition re #70 MOTION in Limine by David L. Duvall. Replies due by 5/5/2021 (Attachments: #1 Exhibit 80 - Lost earnings table, #2 Exhibit 25 - Offer Letter, #3 Exhibit 79 - Lost Wages, #4 Exhibit 77 - Forfeited 457 funds)(Largess, S.)
April 28, 2021 Opinion or Order Filing 81 RESPONSE in Opposition re #76 MOTION in Limine by Novant Health, Inc.. Replies due by 5/5/2021 (Attachments: #1 Exhibit A - Plaintiff's Deposition Excerpt)(Gift, Elizabeth)
April 20, 2021 Opinion or Order Filing 80 Consent MOTION for Extension of Time to File Response/Reply re: #76 MOTION in Limine , #70 MOTION in Limine by David L. Duvall. Responses due by 5/4/2021 (Largess, S.)
April 20, 2021 Opinion or Order TEXT-ONLY ORDER granting #80 Motion for Extension of Time to File Response/Reply re #70 MOTION in Limine , #76 MOTION in Limine. Responses due by 4/28/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 4/20/2021. (DLG)
April 19, 2021 Opinion or Order Filing 79 TRIAL BRIEF by David L. Duvall(Largess, S.)
April 15, 2021 Opinion or Order Filing 78 NOTICE of Filing of addition proposed jury instructions by David L. Duvall re #77 Proposed Jury Instructions (Largess, S.)
April 15, 2021 Opinion or Order Filing 77 Proposed Jury Instructions by David L. Duvall(Largess, S.)
April 15, 2021 Opinion or Order Filing 76 MOTION in Limine by David L. Duvall. Responses due by 4/29/2021 (Largess, S.)
April 15, 2021 Opinion or Order TEXT-ONLY ORDER granting #68 Motion for Extension of Time to File Trial Brief. Plaintiff's trial brief due by 4/19/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 4/15/2021. (DLG)
April 14, 2021 Opinion or Order Filing 75 Proposed Voir Dire by Novant Health, Inc.(Littrell, Sara)
April 14, 2021 Opinion or Order Filing 74 Proposed Jury Instructions by Novant Health, Inc.(Littrell, Sara)
April 14, 2021 Opinion or Order Filing 73 Proposed Jury Instructions by Novant Health, Inc. (Attachments: #1 Exhibit Defendant's Originally Proposed Jury Instructions, #2 Exhibit Plaintiff's Redlines and Defendant's Comments)(Littrell, Sara)
April 14, 2021 Opinion or Order Filing 72 TRIAL BRIEF by Novant Health, Inc. (Attachments: #1 Exhibit Additional Deposition Testimony)(Gift, Elizabeth)
April 14, 2021 Opinion or Order Filing 71 MEMORANDUM in Support re #70 MOTION in Limine by Novant Health, Inc.. (Attachments: #1 Exhibit Additional Deposition Testimony)(Gift, Elizabeth)
April 14, 2021 Opinion or Order Filing 70 MOTION in Limine by Novant Health, Inc.. Responses due by 4/28/2021 (Gift, Elizabeth)
April 14, 2021 Opinion or Order Filing 69 Exhibit List and Proposed Pretrial Order by Novant Health, Inc.. (Attachments: #1 Exhibit Plaintiff's witness list, exhibit list, and discovery designations, #2 Exhibit Defendant's stipulations/objections to Plaintiff's exhibit list)(Gift, Elizabeth) (Main Document 69 replaced on 4/15/2021) (clc).
April 14, 2021 Opinion or Order Filing 68 Unopposed MOTION for Extension of Time of Scheduling Order Deadlines to file Trial Brief by David L. Duvall. Responses due by 4/28/2021 (Largess, S.)
April 12, 2021 Opinion or Order TEXT-ONLY ORDER granting #67 Motion for Extension of Time for Pretrial Submissions. Pretrial submissions due by 4/14/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 4/12/2021. (DLG)
April 9, 2021 Opinion or Order Filing 67 Joint MOTION for Extension of Time for Pretrial Submissions to April 14, 2021 by David L. Duvall. Responses due by 4/23/2021 (Largess, S.)
March 24, 2021 Opinion or Order TEXT-ONLY ORDER extending due date for Pretrial Submissions to 4/12/2021; Jury Trial to be RESET for a later date to be determined by the Court based on courtroom availability. Entered by Magistrate Judge David S. Cayer on 3/24/2021. (mek)
December 8, 2020 Opinion or Order TEXT-ONLY ORDER directing that Pretrial Submissions are due 4/1/2021; Jury Trial RESET for the civil term beginning 4/26/2021 in Courtroom, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David S. Cayer. Entered by Magistrate Judge David S. Cayer on 12/8/2020. (mek)
November 9, 2020 Opinion or Order Filing 66 ORDER denying #38 Motion for Summary Judgment ; denying #39 Motion for Partial Summary Judgment. Signed by Magistrate Judge David S. Cayer on 11/9/2020. (mek)
October 27, 2020 Opinion or Order Filing 65 Response by Novant Health, Inc. re: #64 Notice of Supplemental Authority (Gift, Elizabeth) Modified text on 11/12/2020 (mga).
October 22, 2020 Opinion or Order Filing 64 NOTICE of Supplemental Authority by David L. Duvall re #52 Sealed Document,, #42 Sealed Document,, #56 Sealed Reply to Response to Motion, (Largess, S.)
October 13, 2020 Opinion or Order Filing 63 REPLY to Response to Motion re #38 MOTION for Summary Judgment by Novant Health, Inc.. (Attachments: #1 Exhibit Additional Armato Testimony, #2 Exhibit Additional Cureton Testimony (Ex. 4), #3 Exhibit Additional SVP A Testimony (Ex. 5))(Gift, Elizabeth)
October 13, 2020 Opinion or Order Filing 62 Sealed Document (Sealed - Attorney): Footnote from Defendant's Reply re: #58 MOTION to Seal Certain Documents Offered in Further Support of Its Motion for Summary Judgment (available to Novant Health, Inc.; David L. Duvall) (Littrell, Sara) Modified access on 10/14/2020 (js).
October 13, 2020 Opinion or Order Filing 61 Sealed Document (Sealed - Attorney): Separation Document of a Non-party Senior Leader re: #58 MOTION to Seal Certain Documents Offered in Further Support of Its Motion for Summary Judgment (available to Novant Health, Inc.; David L. Duvall) (Littrell, Sara) Modified access on 10/14/2020 (js).
October 13, 2020 Opinion or Order Filing 60 Sealed Document (Sealed - Attorney): Additional Novant Health Discovery Response re: #58 MOTION to Seal Certain Documents Offered in Further Support of Its Motion for Summary Judgment (available to Novant Health, Inc.; David L. Duvall) (Littrell, Sara) Modified access on 10/14/2020 (js).
October 13, 2020 Opinion or Order Filing 59 Sealed Document (Sealed - Attorney): Additional Excerpts from Jesse Cureton's Deposition re: #58 MOTION to Seal Certain Documents Offered in Further Support of Its Motion for Summary Judgment (available to Novant Health, Inc.; David L. Duvall) (Littrell, Sara) Modified access on 10/14/2020 (js).
October 13, 2020 Opinion or Order Filing 58 MOTION to Seal Certain Documents Offered in Further Support of Its Motion for Summary Judgment by Novant Health, Inc.. Responses due by 10/27/2020 (Attachments: #1 Proposed Order) (Littrell, Sara)
October 13, 2020 Opinion or Order TEXT-ONLY ORDER granting #57 Motion to Seal Document. So Ordered. Entered by Magistrate Judge David S. Cayer on 10/13/2020. (DLG)
October 13, 2020 Opinion or Order TEXT-ONLY ORDER granting #58 Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 10/13/2020. (DLG)
October 12, 2020 Opinion or Order Filing 57 MOTION to Seal Document #56 Sealed Reply to Response to Motion, by David L. Duvall. Responses due by 10/26/2020 (Largess, S.)
October 12, 2020 Opinion or Order Filing 56 SEALED REPLY (Sealed - Attorney) to Response to Motion re: #39 Motion for Partial Summary Judgment by Plaintiff Duvall; (available to David L. Duvall, Novant Health, Inc.) (Attachments: #1 Exhibit 1 Business Case, #2 Exhibit 2 Ehtisham)(Largess, S.)
October 7, 2020 Opinion or Order Filing 55 Sealed Document (Sealed - Attorney): Replacement Exhibit for ECF No 43-3 re: #54 Unopposed MOTION to Substitute Exhibit at ECF No 43-5 by Plaintiff; (available to David L. Duvall, Novant Health, Inc.) (Largess, S.)
October 7, 2020 Opinion or Order Filing 54 Unopposed MOTION to Substitute Exhibit at ECF No 43-5 by David L. Duvall. Responses due by 10/21/2020 (Largess, S.)
October 7, 2020 Opinion or Order Filing 53 MOTION to Seal Document #52 Sealed Document,, by David L. Duvall. Responses due by 10/21/2020 (Largess, S.)
October 7, 2020 Opinion or Order TEXT-ONLY ORDER granting #54 Unopposed MOTION to Substitute Exhibit at ECF No 43-5. So Ordered. Entered by Magistrate Judge David S. Cayer on 10/7/2020. (DLG)
October 7, 2020 Opinion or Order TEXT-ONLY ORDER granting #53 Motion to Seal Document. So Ordered. Entered by Magistrate Judge David S. Cayer on 10/7/2020. (DLG)
October 6, 2020 Opinion or Order Filing 52 Sealed Document (Sealed - Attorney): Response Brief re: #38 MOTION for Summary Judgment by Plaintiff; (available to David L. Duvall, Novant Health, Inc.) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit)(Largess, S.)
October 6, 2020 Opinion or Order Filing 51 RESPONSE in Opposition re #39 MOTION for Partial Summary Judgment by Novant Health, Inc.. Replies due by 10/13/2020 (Attachments: #1 Exhibit Additional Deposition Testimony from Plaintiff, #2 Exhibit Additional Testimony from Jesse Cureton's Deposition, #3 Exhibit Additional Testimony from Shane Grady's Deposition, #4 Exhibit Deposition Testimony of SVP A, #5 Exhibit Additional Testimony from Tanya Blackmon's Deposition, #6 Exhibit Additional Testimony from Carl Armato's Deposition)(Gift, Elizabeth)
October 6, 2020 Opinion or Order Filing 50 Sealed Document (Sealed - Attorney): Footnote from Defendant's Opposition Brief re: #47 MOTION to Seal Certain Documents Offered in Opposition to Plaintiff's Partial Motion for Summary Judgment (available to Novant Health, Inc.) (Littrell, Sara) Modified on 10/8/2020 (tlj).
October 6, 2020 Opinion or Order Filing 49 Sealed Document (Sealed - Attorney): Paragraph from Defendant's Opposition Brief re: #47 MOTION to Seal Certain Documents Offered in Opposition to Plaintiff's Partial Motion for Summary Judgment (available to Novant Health, Inc.) (Littrell, Sara) Modified on 10/8/2020 (tlj).
October 6, 2020 Opinion or Order Filing 48 Sealed Document (Sealed - Attorney): Excerpts from Depositions of Carl Armato and David Garrett re: #47 MOTION to Seal Certain Documents Offered in Opposition to Plaintiff's Partial Motion for Summary Judgment (available to Novant Health, Inc.) (Littrell, Sara) Modified on 10/8/2020 (tlj).
October 6, 2020 Opinion or Order Filing 47 MOTION to Seal Certain Documents Offered in Opposition to Plaintiff's Partial Motion for Summary Judgment by Novant Health, Inc.. Responses due by 10/20/2020 (Attachments: #1 Proposed Order) (Littrell, Sara)
October 6, 2020 Opinion or Order TEXT-ONLY ORDER granting #47 Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 10/6/2020. (DLG)
October 5, 2020 Opinion or Order Filing 46 Consent MOTION for Extension of Time to File Response/Reply re: #39 MOTION for Partial Summary Judgment by Novant Health, Inc.. Responses due by 10/19/2020 (Attachments: #1 Proposed Order) (Littrell, Sara)
October 5, 2020 Opinion or Order Filing 45 Consent MOTION for Extension of Time to File Response/Reply re: #38 MOTION for Summary Judgment by David L. Duvall. Responses due by 10/19/2020 (Largess, S.)
October 5, 2020 Opinion or Order TEXT-ONLY ORDER granting #45 Motion for Extension of Time to File Response/Reply re #38 MOTION for Summary Judgment. Responses due by 10/6/2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 10/5/2020. (DLG)
October 5, 2020 Opinion or Order TEXT-ONLY ORDER granting #46 Motion for Extension of Time to File Response/Reply re #39 MOTION for Partial Summary Judgment. Responses due by 10/6/2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 10/5/2020. (DLG)
September 22, 2020 Opinion or Order Filing 44 Sealed Document (Sealed - Attorney): Summary Judgment Exhibits re: #42 Sealed Document,, by Plaintiff Duvall; (available to David L. Duvall, Novant Health, Inc.) (Attachments: #1 Brunstetter Dep. Excerpts, #2 Brunstetter Dep. Ex. 9, #3 Cureton Dep. Excerpts, #4 Cureton Dep. Ex. 7, #5 Cureton Dep. Ex. 8, #6 Cureton Dep. Ex. 9, #7 Cureton Dep. Ex. 10, #8 Cureton Dep. Ex. 11, #9 Cureton Dep. Ex. 13, #10 Cureton Dep. Ex. 15, #11 Duvall Dep. Excerpts, #12 Everett Dep. Excepts, #13 Everett Dep. Ex. 9, #14 Everett Dep. Ex. 10, #15 Garrett Dep. Excerpts, #16 Grady Dep. Excerpts, #17 Grady Dep. Ex. 1, #18 Jones Dep. Excerpts, #19 Jones Dep. Ex. 1, #20 Keyser Dep Excerpt, #21 Mueller Dep Excerpt, #22 Zweng Dep Ex. 5)(Largess, S.)
September 22, 2020 Opinion or Order Filing 43 Sealed Document (Sealed - Attorney): Summary Judgment Exhibits re: #42 Sealed Document,, by Plaintiff Duvall; (available to David L. Duvall, Novant Health, Inc.) (Attachments: #1 Armato Deposition Excerpt, #2 Armato Deposition Ex. 2, #3 Armato Deposition Ex. 12, #4 Armato Deposition Ex. 13, #5 Armato Deposition Ex. 16, #6 Armato Deposition Ex. 18, #7 Armato Deposition Ex. 19, #8 Blackmon Dep. Excerpts, #9 Blackmon Dep. Ex. 3, #10 Blackmon Dep. Ex. 4, #11 Blackmon Dep. Ex. 5, #12 Blackmon Dep. Ex. 6, #13 Blackmon Dep. Ex. 7, #14 Blackmon Dep. Ex. 8, #15 Blackmon Dep. Ex. 18)(Largess, S.) (Attachment 5 replaced on 10/26/2020) (mek).
September 22, 2020 Opinion or Order TEXT-ONLY ORDER granting #41 Motion to Seal Documents. So Ordered. Entered by Magistrate Judge David S. Cayer on 9/22/2020. (DLG)
September 21, 2020 Opinion or Order Filing 42 Sealed Document (Sealed - Attorney): re: #39 MOTION for Partial Summary Judgment by Plaintiff; (available to David L. Duvall, Novant Health, Inc.) (Attachments: #1 Exhibit Presentation, #2 Exhibit Novant Press Release, #3 Exhibit 2nd Presentation, #4 Exhibit Novant Press Release, #5 Exhibit employer of choice 2018, #6 Exhibit Diversity Metrics 2/8/19, #7 Exhibit Long Term Goals 2019-21, #8 Exhibit Linked In Ehtisham, #9 Exhibit Ehtisham Furst Group, #10 Exhibit Motew Inova)(Largess, S.)
September 21, 2020 Opinion or Order Filing 41 MOTION to Seal Document Summary Judgment Brief and Attachments by David L. Duvall. Responses due by 10/5/2020 (Largess, S.)
September 21, 2020 Opinion or Order Filing 40 MEMORANDUM in Support re #38 MOTION for Summary Judgment by Novant Health, Inc.. (Gift, Elizabeth)
September 21, 2020 Opinion or Order Filing 39 MOTION for Partial Summary Judgment by David L. Duvall. Responses due by 10/5/2020 (Largess, S.)
September 21, 2020 Opinion or Order Filing 38 MOTION for Summary Judgment by Novant Health, Inc.. Responses due by 10/5/2020 (Attachments: #1 Exhibit Plaintiff's Deposition Testimony, #2 Exhibit Cureton Deposition Testimony, #3 Affidavit Cureton Declaration, #4 Exhibit Associates for PD Documents, #5 Exhibit Everett Deposition Testimony, #6 Affidavit Everett Declaration, #7 Exhibit Jones Deposition Testimony, #8 Exhibit Armato Deposition Testimony, #9 Affidavit Jones Declaration, #10 Exhibit Blackmon Deposition Testimony, #11 Exhibit Zweng Deposition Testimony, #12 Affidavit McCullough Declaration, #13 Exhibit Plaintiff's Deposition Exhibits, #14 Exhibit Verified Interrogatory Responses, #15 Exhibit Grady Deposition Testimony) (Gift, Elizabeth)
September 18, 2020 Opinion or Order Filing 37 Sealed Document (Sealed - Attorney): Declaration of Jennifer Barlow Butner re: #34 MOTION to Seal Certain Documents Offered in Support of Motion for Summary Judgment (available to Novant Health, Inc.; David Duvall) (Littrell, Sara) Modified to grant access on 9/18/2020 (clc).
September 18, 2020 Opinion or Order Filing 36 Sealed Document (Sealed - Attorney): Declaration of Tanya Blackmon re: #34 MOTION to Seal Certain Documents Offered in Support of Motion for Summary Judgment (available to Novant Health, Inc.; David Duvall) (Littrell, Sara) Modified to grant access on 9/18/2020 (clc).
September 18, 2020 Opinion or Order Filing 35 Sealed Document (Sealed - Attorney): Chart of Former NH Executives and Senior Leaders re: #34 MOTION to Seal Certain Documents Offered in Support of Motion for Summary Judgment (available to Novant Health, Inc.; David Duval) (Littrell, Sara) Modified to grant access on 9/18/2020 (clc).
September 18, 2020 Opinion or Order Filing 34 MOTION to Seal Certain Documents Offered in Support of Motion for Summary Judgment by Novant Health, Inc.. Responses due by 10/2/2020 (Attachments: #1 Exhibit A - Excerpt of Plaintiff's Deposition, #2 Proposed Order) (Littrell, Sara)
September 18, 2020 Opinion or Order TEXT-ONLY ORDER granting #34 Motion to Seal. So Ordered. Entered by Magistrate Judge David S. Cayer on 9/18/2020. (DLG)
September 16, 2020 Opinion or Order Filing 33 MOTION for Extension of Time of Scheduling Order Deadlines to September 21, 2020 by David L. Duvall. Responses due by 9/30/2020 (Largess, S.)
September 16, 2020 Opinion or Order TEXT-ONLY ORDER granting #33 Motion for Extension of Time of Scheduling Order Deadlines. Motions due by 9/21/2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 9/16/2020. (DLG)
September 14, 2020 Opinion or Order Filing 32 Joint MOTION for Leave to File Excess Pages In Support of The Parties' Motions for Summary Judgment by Novant Health, Inc.. Responses due by 9/28/2020 (Attachments: #1 Proposed Order) (Gift, Elizabeth)
September 14, 2020 Opinion or Order TEXT-ONLY ORDER denying #32 Motion for Leave to File Excess Pages. So Ordered. Entered by Magistrate Judge David S. Cayer on 9/14/2020. (DLG)
September 1, 2020 Opinion or Order Filing 31 Joint MOTION for Extension of Time of the Dispositive Motions Deadline and for a Conference with the Court Regarding Trial Scheduling by Novant Health, Inc.. Responses due by 9/15/2020 (Attachments: #1 Proposed Order) (Gift, Elizabeth)
September 1, 2020 Opinion or Order TEXT-ONLY ORDER granting #31 Motion for Extension of Time of Scheduling Order Deadlines. Motions due by 9/17/2020. Jury Trial set for 2/1/2021 09:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David S. Cayer. So Ordered. Entered by Magistrate Judge David S. Cayer on 9/1/2020. (DLG)
August 26, 2020 Opinion or Order Filing 30 REPORT of Mediation. Outcome of Mediation: Parties reached an Impasse. (mek)
July 21, 2020 Opinion or Order Filing 29 ORDER granting #20 Motion to Compel as more fully set forth herein. Signed by Magistrate Judge David S. Cayer on 7/21/2020. (mek)
July 15, 2020 Opinion or Order Filing 28 MOTION to Deem as Timely Filed re #25 Reply by David L. Duvall. Responses due by 7/29/2020 (Largess, S.)
July 15, 2020 Opinion or Order Filing 27 Sealed Document (Sealed - Attorney): 2013 Severance agreement re: #26 MOTION to Seal Document #25 Reply to Response to Motion,,, Exhibit R, 2013 Severance Plan, #25 Reply to Response to Motion,,, by Plaintiff; (available to David L. Duvall, Novant Health, Inc.) (Attachments: #1 Exhibit 2013 Severance Plan)(Largess, S.)
July 15, 2020 Opinion or Order Filing 26 MOTION to Seal Document #25 Reply to Response to Motion,,, Exhibit R, 2013 Severance Plan by David L. Duvall. Responses due by 7/29/2020 (Largess, S.)
July 15, 2020 Opinion or Order Filing 25 REPLY to Response to Motion re #20 MOTION to Compel with Exhibits by David L. Duvall. (Attachments: #1 Exhibit A Deposition transcript excerpts, #2 Exhibit B Sean Keyer Linked In, #3 Exhibit C Kirsten Royster Press release, #4 Exhibit D Dave Garrett SVP CIO, #5 Exhibit E Lety Nettles SVP CIO, #6 Exhibit F 2018 Exec Comp Table, #7 Exhibit G Eric Eskioglu, #8 Exhibit H Minority Rights Group, #9 Exhibit I Vicky Free, #10 Exhibit J Kati Everett, #11 Exhibit K Novant Leaders, #12 Exhibit L Peter Brunstetter, #13 Exhibit M Andrew Mueller, #14 Exhibit N Saad Ehtisham, #15 Exhibit O Saad Ehtisham Furst Group, #16 Exhibit P Duval Dep Ex 18, #17 Exhibit Q Amended Complaint WalMart, #18 Exhibit S Letter to Counsel 5.4.20)(Largess, S.)
July 15, 2020 Opinion or Order TEXT-ONLY ORDER granting #28 Motion. Documents # 25 and 27 deemed timely filed. So Ordered. Entered by Magistrate Judge David S. Cayer on 7/15/2020. (DLG)
July 15, 2020 Opinion or Order TEXT-ONLY ORDER granting #26 Motion to Seal Document. So Ordered. Entered by Magistrate Judge David S. Cayer on 7/14/2020. (DLG)
July 14, 2020 Opinion or Order Filing 24 REPLY to Response to Motion re #20 MOTION to Compel by David L. Duvall. (Largess, S.)
July 7, 2020 Opinion or Order Filing 23 RESPONSE in Opposition re #20 MOTION to Compel by Novant Health, Inc.. Replies due by 7/14/2020 (Attachments: #1 Exhibit Plaintiff's Deposition Testimony, #2 Exhibit Verified Discovery Responses)(Gift, Elizabeth)
June 25, 2020 Opinion or Order TEXT-ONLY ORDER granting #21 Motion to Seal Memorandum and Exhibits in Support of Motion to Compel. Entered by Magistrate Judge David S. Cayer on 6/25/2020. (KCA)
June 24, 2020 Opinion or Order Filing 22 Sealed Document (Sealed - Attorney): re: #20 MOTION to Compel (available to David L. Duvall, Novant Health, Inc.) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Largess, S.)
June 24, 2020 Opinion or Order Filing 21 MOTION to Seal Memorandum and Exhibits in Support of Motion to Compel by David L. Duvall. Responses due by 7/8/2020 (Largess, S.)
June 24, 2020 Opinion or Order Filing 20 MOTION to Compel by David L. Duvall. Responses due by 7/8/2020 (Largess, S.)
June 11, 2020 Opinion or Order Filing 19 Consent MOTION for Extension of Time to Respond to Discovery Requests by David L. Duvall. Responses due by 6/25/2020 (Attachments: #1 Proposed Order)(Largess, S.)
June 11, 2020 Opinion or Order TEXT-ONLY ORDER granting #19 Motion for Extension of Time to Respond to Discovery Requests. Responses due June 24, 2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 6/11/2020. (DLG)
May 18, 2020 Opinion or Order Minute Entry: PRETRIAL CONFERENCE held before Magistrate Judge David S. Cayer. Plaintiffs attorney: Luke Largess. Defendants attorney: Ben Holland, Elizabeth Gift. Court reporter: N/A. Following discovery telephone conference and reviewing the parties' one page submissions, the Court enters the following Order: 1. Plaintiff's deposition shall proceed at a date, time and place mutually agreed by the parties no later than June 30, 2020; 2. Defendant's objection to producing diversity and inclusion plan information through 2019, including incentive and demographic change information, is overruled; and 3. Defendant's objection to producing information about the seven identified employees is sustained without prejudice, except Defendant shall produce dates of employment for each of those employees and race of their replacements. 4. All information to be produced no later than June 1, 2020. So Ordered (DLG)
April 28, 2020 Opinion or Order Filing 18 QUALIFIED CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge David S. Cayer on 4/28/2020. (mek)
April 28, 2020 Opinion or Order TEXT-ONLY ORDER finding as moot #16 Motion for Protective Order. This Motion is duplicative of Motion (document #17) which has been granted. So Ordered. Entered by Magistrate Judge David S. Cayer on 4/28/2020. (DLG)
April 24, 2020 Opinion or Order Filing 17 Joint MOTION for Protective Order by Novant Health, Inc.. Responses due by 5/8/2020 (Attachments: #1 Proposed Order Consent Protective Order)(Holland, Benjamin)
April 24, 2020 Opinion or Order Filing 16 Joint MOTION for Protective Order by Novant Health, Inc.. Responses due by 5/8/2020 (Holland, Benjamin)
March 20, 2020 Opinion or Order Filing 15 ORDER granting #14 Joint Motion to Extend Deadlines to Respond to Discovery Requests and to Amend the Pretrial Order and Case Management Plan. Discovery due by 8/6/2020. Motions due by 9/3/2020. Mediation deadline set for 8/20/2020. The trial setting will not be extended and will remain on 11/2/2020. Signed by Magistrate Judge David S. Cayer on 3/20/2020. (mek)
March 18, 2020 Opinion or Order Filing 14 Joint MOTION for Extension of Time to Respond to Discovery Requests and to Amend the Pretrial Order and Case Management Plan by Novant Health, Inc.. Responses due by 4/1/2020 (Attachments: #1 Proposed Order)(Holland, Benjamin)
February 5, 2020 Opinion or Order Filing 13 Consent MOTION for Extension of Time to Respond to Discovery Requests by David L. Duvall. Responses due by 2/19/2020 (Attachments: #1 Proposed Order)(Largess, S.)
February 5, 2020 Opinion or Order TEXT-ONLY ORDER granting #13 Motion for Extension of Time to Respond to Discovery Requests. Discovery responses due March 11, 2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 02/05/2020. (DLG)
January 6, 2020 Opinion or Order Filing 12 Pretrial Order and Case Management Plan: Estimated Trial Time: 2-4 days. Discovery due by 7/7/2020. Motions due by 8/4/2020. Mediation deadline set for 7/21/2020. Jury Trial set for 11/2/2020 09:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David S. Cayer. Signed by Magistrate Judge David S. Cayer on 1/6/2020. (mek)
January 6, 2020 Opinion or Order Added Magistrate Judge David S. Cayer as presider; Magistrate Judge David S. Cayer as referral and Chief Judge Frank D. Whitney as presider no longer assigned to case. (clc)
December 20, 2019 Opinion or Order Filing 11 Joint Stipulation of CONSENT to Jurisdiction by US Magistrate Judge filed by all parties. (Littrell, Sara)
December 20, 2019 Opinion or Order Filing 10 CERTIFICATION of initial attorney conference and discovery plan . ALL Parties Consent to Magistrate Jurisdiction (Littrell, Sara)
December 17, 2019 Opinion or Order Filing 9 NOTICE of Appearance by Elizabeth R. Gift on behalf of Novant Health, Inc. (Gift, Elizabeth) (Main Document 9 replaced on 12/17/2019) (clc).
December 17, 2019 Opinion or Order Filing 8 NOTICE of Appearance by Sara Abigail Littrell on behalf of Novant Health, Inc. (Littrell, Sara)
December 17, 2019 Opinion or Order 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 5 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 1/6/2020. (clc)
December 16, 2019 Opinion or Order Filing 7 Defendant's ANSWER to #1 Complaint by Novant Health, Inc..(Holland, Benjamin)
December 16, 2019 Opinion or Order Filing 6 Corporate Disclosure Statement by Novant Health, Inc. (Holland, Benjamin)
December 12, 2019 Opinion or Order Filing 5 Summons Reissued Electronically as to Novant Health, Inc.. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4. (ctb)
December 6, 2019 Opinion or Order Filing 4 Summons Reissued Electronically as to Novant Health, Inc.. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4. (ctb)
November 26, 2019 Opinion or Order Filing 3 AFFIDAVIT of Service filed by David L. Duvall. Novant Health, Inc. served on 11/23/2019, answer due 12/16/2019. (Largess, S.)
November 19, 2019 Opinion or Order Filing 2 Summons Issued Electronically as to Novant Health, Inc.. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (brj)
November 18, 2019 Opinion or Order Filing 1 COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number 0419-4264557), filed by David L. Duvall.(Largess, S.)
November 18, 2019 Opinion or Order Case assigned to Chief Judge Frank D. Whitney and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(brj)
November 18, 2019 Opinion or Order Clerk's Entry and Service of #Initial Scheduling Order and #Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (brj)

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Search for this case: Duvall v. Novant Health, Inc.
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Plaintiff: Mr. David L. Duvall
Represented By: S. Luke Largess
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Plaintiff: David L. Duvall
Represented By: S. Luke Largess
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Defendant: Novant Health, Inc.
Represented By: Sara Abigail Littrell
Represented By: Elizabeth R. Gift
Represented By: Benjamin Robert Holland
Represented By: Margaret Santen Hanrahan
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