Edwards v. Kennemetal, Inc.
| 1:2004cv01023 |
| May 25, 2004 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| David S. Perelman |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Petition for Removal - Employment Discrim |
| None |
Docket Report
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This docket was last retrieved on September 1, 2005. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 56 True copy of order from the USCA for the Sixth Circuit: Granting appellant's motion to voluntarily dismiss the 53 Notice of Appeal (USCA# 05-4005). Date issued by USCA 8/30/05 (H, S P) |
| Filing 55 Acknowledgment from the USCA for Sixth Circuit of receipt of 53 Notice of Appeal (USCA# 05-4005). Date filed in USCA 8/12/05. (H, S P) |
| Filing 54 Order that the plaintiff's letter of July 18, 2005 re 53 notice of appeal filed by Cornell G. Edwards, Sr. be docketed as a timely notice of appeal as of July 22, 2005. Signed by Magistrate Judge David S. Perelman on 7/25/05. (W, Jo) |
| Filing 53 NOTICE OF APPEAL to the 6th Circuit Court of Appeals from the 51 Order of 6/21/05 and 52 Judgment of 6/22/05, filed by Cornell G. Edwards, Sr. Filing Fee Not Paid (W, Jo). Modified text on 7/26/2005 (H, S P). |
| Filing 52 Judgment Order (Case Dismissal) - Upon consideration of the parties' submissions on the merits, it is hereby ordered that final judgment is entered in defendant's favor; see this Court's Memorandum Opinion of even date. Signed by Magistrate Judge David S. Perelman on 06/21/05. (G, S) |
| Filing 51 Order denying Motion to strike (Related Doc # 42 ), moot Motion for order (Related Doc # 43 ), moot Motion to strike (Related Doc # 43 ), granting Motion for order (Related Doc # 45 ), denying Motion to strike (Related Doc # 46 ), granting Motion for summary judgment (Related Doc # 32 ), moot Motion to dismiss (Related Doc # 40 ). This Court finds that there are no genuine issues of material fact on the claims raised by plaintiff and that defendant is entitled to judgment as a matter of law. Signed by Magistrate Judge David S. Perelman on 06/21/05.(G, S) Additional attachment(s) added on 6/22/2005 (G, S). |
| Filing 50 Brief of Law in Opposition to Plaintiff's Motion to Strike the Affidavits of Defendants in Support of Motion for Summary Judgment filed by Kennemetal, Inc.. (Sernik, Craig) |
| Filing 49 Affidavit of James M. Lemieux filed by Cornell G. Edwards, Sr. (C, K A) |
| Filing 48 Affidavit of William Middleton filed by Cornell G. Edwards, Sr. (C, K A) |
| Filing 47 Affidavit of Kimberly Wilms filed by Cornell G. Edwards, Sr. (C, K A) |
| Filing 46 Motion to strike defendant's affidavits filed by Cornell G. Edwards, Sr. (C, K A) |
| Filing 45 Motion to file manually filed by Cornell G. Edwards, Sr. (C, K A) |
| Filing 44 Reply to response to Motion for summary judgment filed by Kennemetal, Inc.. Related document(s) 32 . (Sernik, Craig) |
| Filing 43 Objections to and Motion to strike Documents Provided by the Plaintiff in its Brief in Opposition to Defendant's Motion for Summary Judgment filed by Kennemetal, Inc.. (Attachments: # 1 Brief in Support)(Sernik, Craig) Modified text of docket entry on 6/15/2005 (B, B). (E-mail sent to attorney on 6/15/2005 re: more appropriate choice of event) |
| Filing 42 Motion to strike Plaintiff's Memoranda in Opposition to Motion for Summary Judgment filed by Kennemetal, Inc.. (Attachments: # 1 Brief in Support)(Sernik, Craig) Modified text of docket entry on 5/12/2005 (B, B). |
| Filing 41 Opposition to Motion for summary judgment filed by Cornell G. Edwards, Sr. Related document(s) 32 . (Attachments: # 1 Exhibits A-C# 2 Exhibit D# 3 Exhibit E# 4 Exhibit F# 5 Exhibit G)(C, K A) |
| Filing 40 Motion to dismiss and elect to seek remedy for the cause of action filed by Cornell G. Edwards, Sr. (C, K A) |
| Filing 39 Order - The discovery cut-off date is extended to 3/17/05, plaintiff's date to respond to defendant's motion for summary judgment is extended to 4/15/05 with defendant's reply to be filed 4/29/05. Signed by Magistrate Judge David S. Perelman on 03/09/05. (G, S) |
| Filing 38 Minutes of proceedings. Discovery conference held on 03/09/05 before Magistrate Judge Perelman. Signed by Magistrate Judge David S. Perelman, (G, S) Modified text of docket entry on 3/15/2005 (B, B). |
| Filing 37 Minutes of proceedings. Interim Pretrial Conference held on 02/23/05 before Magistrate Judge David S. Perelman. Unable to reach plaintiff's counsel, phone temporarily disconnected. Plaintiff's motion to extend will be granted. Signed by Magistrate Judge David S. Perelman, (G, S) Modified text of docket entry on 2/25/2005 (B, B). |
| Filing 36 Order granting 35 Cornell G. Edwards, Sr.'s Motion to Extend Deadlines; and the plaintiff is granted until March 11, 2005 to conclude all discovery and shall respond to defendant's motion for summary judgment by March 25, 2005. Signed by Magistrate Judge David S. Perelman on 02/23/05.(G, S) Modified text of docket entry on 2/25/2005 (B, B). |
| Filing 35 Motion for extension of discovery until 1/31/05 filed by Cornell G. Edwards, Sr. (Attachments: # 1 Proposed Order)(C, K A) |
| Filing 34 Appendix to memorandum of law in support of motion for summary judgment filed by Kennemetal, Inc. Related document 32 . Complete document on file in Clerk's Office.(C, K A) |
| Filing 33 Deposition of Cornell G. Edwards, Sr., taken on 11/15/04 filed by Kennemetal, Inc. Related document 31 . Complete document on file in Clerk's Office.(C, K A) |
| Filing 32 Motion for summary judgment filed by Kennemetal, Inc.. (Attachments: # 1 Brief in Support # 2 Notice of Manual Filing)(Sernik, Craig) Modified text of docket entry on 2/15/2005 (B, B). |
| Filing 31 Notice of Filing of Deposition Transcript of Cornell G. Edwards filed by Kennemetal, Inc.. (Sernik, Craig) Modified text of docket entry on 2/15/2005 (B, B). |
| Filing 30 Judgment entry signed by Magistrate Judge David S. Perelman on 1/24/05. Upon motion (Related Doc # 29 ) of the defendant and for good cause shown, the page limitation as contained in Local Rule 7.1(f), is waived for Defendant's Memorandum in support of Defendant's Motion for Summary Judgment. It is ORDERED that Defendant may proceed with the filing of its Motion for Summary Judgment along with its accompanying Memorandum of Law, with said Memorandum not to exceed forty (40) double spaced pages, with one inch side margins, excluding the table of contents, table of authorities cited, brief statement of the issues to be decided, and a summary of the argument presented.(W, Jo) Modified text of docket entry on 1/26/2005 (B, B). |
| Filing 29 Motion for Enlargement of Page Limitation of Memorandum filed by Kennemetal, Inc.. (Attachments: # 1 Proposed Judgment Entry)(Sernik, Craig) Modified text of docket entry on 1/26/2005 (B, B). |
| Filing 28 Notice of Pretrial Conference set for 2/23/2005 at 02:30 PM in Chambers 11A before Magistrate Judge David S. Perelman. Counsel only to attend. (G, S) Modified text of docket entry on 1/25/2005 (B, B). |
| Filing 27 Notice of Service (submission) of discovery on 1/5/05 filed by Cornell G. Edwards, Sr. (C, K A) |
| Filing 26 Order: It is ordered that the motion to compel is granted and full responses to defendant's discovery shall be made no later that January 14, 2005, (with failure to do so providing a basis for dismissal with prejudice) (Related Doc # 25 ), and It is also ordered that the motion to deem as admitted the request for admissions propounded to the plaintiff on October 26, 2004 is granted(Related Doc # 25 ). Signed by Magistrate Judge David S. Perelman on 1/5/05 (W, Jo). Modified on 1/12/2005 (W, Jo). Modified text on 7/26/2005 (H, S P). |
| Filing 25 Motion for Order to Deem Defendant's Requests for Admission Admitted, Motion to compel discovery filed by Kennemetal, Inc.. (Attachments: # 1 Brief in Support # 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4)(Sernik, Craig) |
| Filing 24 Notice of Submission of objections and answers to plaintiff's interrogatories on 12/14/2004 filed by Kennemetal, Inc.. (Sernik, Craig) Modified text of docket entry on 1/3/2005 (B, B). |
| Filing 23 Notice of submission of First Supplemental Initial Discovery Disclosures on 12/14/2004 filed by defendant. (Sernik, Craig) Modified on 1/3/2005 (B, B). (E-mail sent to attorney on 1/3/2005 re: more appropriate choice of event) |
| Filing 22 Order granting the joint motion to continue pretrial and motion for extension of discovery deadline (Related Doc # 21 )Discovery due by 1/31/2005. Pretrial to be set in February 2005. Signed by Magistrate Judge David S. Perelman on 11/12/04.(G, S) Modified text of docket entry on 11/30/2004 (B, B). |
| Filing 21 Joint Motion to continue pretrial and motion for extension of discovery deadline until 1/31/2005 filed by Kennemetal, Inc.. (Sernik, Craig) Modified text of docket entry on 11/19/2004 (B, B). (E-mail sent to attorney on 11/19/2004 re: 2 part motions) |
| Filing 20 Notice to take Deposition of Plaintiff on November 11, 2004 filed by Kennemetal, Inc.. (Sernik, Craig) |
| Filing 19 Notice of Pretrial set for Thursday, November 18, 2004 at 3:00 p.m. before Magistrate Judge Perelman in Chambers 11A. Counsel only to attend. (G, S) Modified text of docket entry on 11/2/2004 (B, B). |
| Filing 18 Required Initial Disclosures pursuant to Fed. Civ. R. Pro. 26 (a) (1) and (2) filed by Cornell G. Edwards Sr (S, DJ). Modified text of docket entry on 11/2/2004 (B, B). |
| Filing 17 Notice of Service of Defendant's Written Discovery Served Upon Plaintiff filed by Kennemetal, Inc.. (Muller, Carl) |
Filing 16
Upon consideration of defendant's "Motion To Compel The provision of the initial disclosures required pursuant to Fed. Civ. R. Pro. 236(a)(1) and (2), And motion for sanctions" (Doc. 14), seeking an order requiring the plaintiff to submit his initial disclosures and for an award of sanctions in the sum of $525.00, the said motion having been filed September 2, 2004 and remaining unopposed which this Court views as a tacit acquiescence therein, IT IS HEREBY ORDERED that plaintiff submit his initial disclosures no later than October 4, 2004 and, IT IS FURTHER ORDERED that sanction are imposed against plaintiff and his counsel in the sum of $525.00, to be paid to defendant's counsel no later than October 11, 2004. (Related Doc # 14 ). Signed by Judge David S. Perelman on 9/27/04.(W, Jo) Modified text of docket entry on 9/28/2004 (B, B).
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| Filing 15 Affidavit of Craig F. Sernik in support of motion to compel and for sanctions filed by Kennemetal, Inc. Related document(s) 14 . (C, K A) |
| Filing 14 Motion to compel the provision of the initial disclosures required pursuant to Fed. Civ. R. Pro. 26 (a) (1) (2) and motion for sanctions filed by Kennemetal, Inc.. (Attachments: # 1 Memorandum of Law in Support)(Sernik, Craig) Modified text of docket entry on 9/3/2004 (B, B). (E-mail sent to attorney on 9/3/2004 re: 2 part motions) |
| Filing 13 Notice of the Provision of Required Disclosures pursuant to Fed. Civ. R. Pro. 26 (a) (1) and (2) filed by Kennemetal, Inc.. (Sernik, Craig) Modified text of docket entry on 8/12/2004 (B, B). |
| Filing 12 Minutes of proceedings. Interim Pretrial Conference held on 7/13/04 before Judge David S. Perelman. Case assigned to standard track, plaintiff granted to 7/30 to move to amend complaint; discovery to close by 11/19, recall late October - early November. (C, E) |
| Filing 11 Corporate Disclosure Statement filed by Kennemetal, Inc.. (Muller, Carl) |
| Filing 10 Notice of Pretrial - A pretrial is set for Tuesday, July 13, 2004 at 2:30 p.m. before Magistrate Judge David Perelman. Counsel only to attend. Magistrate Judge David S. Perelman, (G, S) |
| Filing 9 Order cancelling 6/30/04 case managment conference. Signed by Judge Dan Aaron Polster on 6/21/04. (P, R) |
| Filing 8 Consent of the parties to this case being transferred to the docket of Magistrate Judge David S. Perelman for further proceedings. Signed by Judge Dan Aaron Polster on 6/21/04. (P, R) |
| Filing 7 Marginal Order granting Plaintiff's Motion to continue (Related Doc # 6 ).Case management conference reset for 6/30/2004 at 9:00 AM at Chambers 18B. Signed by Judge Dan Aaron Polster on 6/17/04.(P, R) |
| Filing 6 Motion to continue case management conference filed by Cornell G. Edwards Sr. (Attachments: # 1 Proposed Order)(C, K A) |
| Filing 5 Case Management Conference Scheduling Order.Case management conference to be held on 6/24/2004 at 9:00 AM at Chambers 18B. Signed by Judge Dan Aaron Polster on 6/4/04. (P, R) |
| Filing 4 Original copies of pleadings from the Ashtabula County Court of Common Pleas, Case number 2004 CV 370. (R, N) |
| Filing 3 Answer to Complaint (Related Doc # 1 ) filed by Kennemetal, Inc.. (W, Jo) |
| Filing 2 Random Assignment of Magistrate Judge Perelman (W, Jo) |
| Filing 1 Notice of Removal from Ashtabula County Common Pleas Court. Filed by Kennemetal, Inc.. Filing fee paid; receipt number 661058. (Attachments: # 1 Exhibit A.# 2 Civil Cover Sheet)(W, Jo) |
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