Thurmond v. Ford Motor Company
| Denise Thurmond |
| Ford Motor Company |
| 1:2019cv00955 |
| November 8, 2019 |
| US District Court for the Southern District of Ohio |
| Michael R Barrett |
| Stephanie K Bowman |
| Matthew W McFarland |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| None |
Docket Report
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This docket was last retrieved on March 30, 2022. A more recent docket listing may be available from PACER.
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| Filing 51 Mail Returned as Undeliverable. Doc. #46 sent to Denise Thurmond. (eh) |
| Filing 50 CLERK'S JUDGMENT. (kaf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 49
ORDER ADOPTING REPORT AND RECOMMENDATION (DOC. #46 ), GRANTING MOTIONS TO DISMISS FOR FAILURE TO PROSECUTE (Docs. #32 & #45 ): The Court finds that Plaintiff's Objections are not well-taken and are accordingly OVERRULED. Defendant's Motions to Dismiss for Failure to Prosecute (Doc. #32 & #45 ) are GRANTED and this case shall be DISMISSED WITH PREJUDICE. Signed by Judge Matthew W. McFarland on 03/23/2022. (kaf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 48 Objection TO PLAINTIFFS OBJECTIONS TO THE MAGISTRATES REPORT by Defendant Ford Motor Company. (Linville, Ronald) |
| Filing 47 OBJECTION to #46 Report and Recommendations and NOTICE of Change of Address by Plaintiff Denise Thurmond. (bjc) |
| Filing 46 REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED that Defendant's motions to dismiss #32 #45 be GRANTED and this matter DISMISSED with prejudice. Objections to R&R due by 3/10/2022. Signed by Magistrate Judge Stephanie K. Bowman on 2/24/2022. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 45 MOTION RENEW ITS PENDING MOTION TO DISMISS FOR FAILURE TO PROSECUTE BASED ON PLAINTIFFS FAILURE TO COMPLY WITH THE COURTS 12/16/21 ORDER by Defendant Ford Motor Company. (Attachments: #1 Exhibit Exhibit A) (Linville, Ronald) |
| Filing 44 Continuation of Repeated Information by Plaintiff Denise Thurmond. (kl) |
| Filing 43 Mail Returned as "Return to Sender - Forward Time Expired." Doc. #42 sent to Denise Thurmond. (eh) |
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Filing 42
DEFICIENCY ORDER - It is ORDERED that within 20 days of this Order: (1) Plaintiff shall provide documents or responses to Defendant's requests for production of documents or verify that she does not have any other documents responsive to Defendant's requests in her possession; (2) Plaintiff shall provide a signed HIPAA authorization release for Dr. Stephen Wilson, including the office address or facility associated with Dr. Wilson. Plaintiff is herein put on notice that her failure to fully comply with this Order, by the time deadline set forth above, will result in a recommendation to the district judge that this matter be dismissed. Show Cause Response due by 1/5/2022. Signed by Magistrate Judge Stephanie K. Bowman on 12/16/2021. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 41 NOTICE by Defendant Ford Motor Company Report regarding the Status of Discovery (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Linville, Ronald) |
| Filing 40 Discovery by Plaintiff Denise Thurmond. (eh) |
| Filing 39 INTERROGATORIES by Plaintiff Denise Thurmond. (eh) |
| Filing 38 Mail Returned as Undeliverable. 10/15/2021 Minute Order sent to Denise Thurmond. (eh) |
| Filing 37 REPLY to Response to Motion re #32 Second MOTION to Dismiss for Lack of Prosecution filed by Defendant Ford Motor Company. (Attachments: #1 Declaration of Lauren Larrick, #2 Exhibit A - USPS Tracking Results) (km) |
| Minute Order. Proceedings held before Magistrate Judge Stephanie K. Bowman on 10/14/2021. Telephone conference held. Plaintiff Denise Thurmond appeared pro se. Attorneys Ronald Linville and Lauren Larrick appeared on behalf of Defendant. Defendant is hereby ordered to immediately serve Plaintiff by email with all discovery requests previously served upon the Plaintiff. Plaintiff is ordered to respond to Defendant's discovery requests by 10/28/2021 and serve Defendant's counsel by both return email and first class mail at the address provided to Plaintiff by counsel for Defendant. Plaintiff shall also retain a copy of all completed discovery responses for her personal records. The parties shall file a written report outlining the status of discovery, either jointly or individually, no later than 11/5/2021. The Court advised the parties that it intends on leaving Defendant's second motion to dismiss for failure to prosecute #32 pending on the Court's docket, pending outcome of Plaintiff's compliance with the Court's order. In light of this, Defendant's motion for leave to file reply memorandum in support of motion to dismiss out of time #34 is GRANTED. Plaintiff's motion/request for a mediator #36 is DENIED at this time. (km) Modified Docket Text on 10/15/2021 (km). |
| Filing 36 MOTION My Rqquest to the Court ASAP for a Mediator to Assist in the Resolution of this Case by Plaintiff Denise Thurmond. (eh) |
| Filing 34 MOTION for Leave to File a Reply in Support of its Second Motion to Dismiss by Defendant Ford Motor Company. (Attachments: #1 Exhibit) (Linville, Ronald) |
| Filing 33 RESPONSE in Opposition re #32 Second MOTION to Dismiss for Lack of Prosecution filed by Plaintiff Denise Thurmond. (eh) |
| Filing 32 Second MOTION to Dismiss for Lack of Prosecution by Defendant Ford Motor Company. (Linville, Ronald) |
| Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Status Conference held on 6/8/2021. Plaintiff Denise Thurmond appeared pro se. Attorney Ronald Linville appeared on behalf of Defendant. The Calendar Order is amended as follows: (1) Plaintiff to respond to Defendant's interrogatory requests and production of documents (which were served on Plaintiff over six months ago) by 7/1/2021. Plaintiff shall mail (or email) her responses directly to the Defendant and NOT file them with the Court; (2) Plaintiff shall also make her initial disclosure to Defendant by 7/1/2021 (See Federal Rule of Civil Procedure 26); (3) Discovery deadline is extended to 9/1/2021; (4) Dispositive motion deadline is extended to 10/1/2021 (See Federal Rule of Civil Procedure 56); (4) Plaintiff to have her deposition taken 8/5/2021 at 10:00 am in Cincinnati. Defendant to send Plaintiff a Notice of Deposition which will include the address. (km) |
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Filing 31
ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. #28 ): The Court has reviewed the Report and Recommendation of United States Magistrate Judge Stephanie K. Bowman (Doc. #28 ), to whom this case is referred pursuant to 28 U.S.C. 636(b). Noting that no objections have been filed and the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, the Court hereby ADOPTS said Report and Recommendations in its entirety. Accordingly, Defendant's Motion to Dismiss for Failure to Prosecute (Doc. #23 ) is hereby DENIED. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 06/03/2021. (kaf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 30 NOTICE of Substitution of Counsel - Lauren M. Larrick substituting for Martina Ellerbe as to Defendant Ford Motor Company. Associated Cases: 1:19-cv-00955-MWM-SKB, 1:19-cv-01039-MRB-SKB (Larrick, Lauren) |
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Filing 29
ORDER setting this matter for a Telephone Status Conference on 6/8/2021 at 2:00 pm before Magistrate Judge Stephanie K. Bowman. Parties shall call 1-888-363-4749; access code: 8651321; security code: 2010 to participate in the conference. Plaintiff is herein put on notice that her failure to participate in this conference, or contact the Court with any conflict, will result in a Report and Recommendation to the District Judge that this matter be dismissed based on Plaintiffs failure to prosecute this matter. Signed by Magistrate Judge Stephanie K. Bowman on 5/14/2021. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 28 REPORT AND RECOMMENDATIONS re #23 MOTION to Dismiss for Failure to Prosecute filed by Defendant Ford Motor Company. IT IS RECOMMENDED THAT Defendant's Motion to Dismiss for Failure to Prosecute #23 be DENIED. Objections to R&R due by 5/28/2021. Signed by Magistrate Judge Stephanie K. Bowman on 5/14/2021. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 27 RESPONSE to Motion re #23 MOTION to Dismiss for Failure to Prosecute filed by Defendant Ford Motor Company. (Attachments: #1 Declaration of Martina Ellerbe) (Linville, Ronald) |
| Notice of Correction: Former docs 25 Affidavit in Support of Motion and 26 Notice (Other) filed in error. Documents have been restricted and refiled as doc #27 using the correct ECF event. (kh) |
| Filing 24 RESPONSE in Opposition re #23 MOTION to Dismiss for Failure to Prosecute filed by Plaintiff Denise Thurmond. (bjc) |
| Filing 23 MOTION to Dismiss for Failure to Prosecute by Defendant Ford Motor Company. (Attachments: #1 Exhibit Declaration and Exhibits) (Linville, Ronald) |
| Filing 22 Corporate Disclosure Statement. (eh) |
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Filing 20
ORDER VACATING the prior Consent Order of 7/16/2020 #15 . This matter is hereby returned to the docket of Judge Matthew W. McFarland. It is further ORDERED that this matter shall remain referred to Magistrate Judge Stephanie K. Bowman for pretrial purposes, per the Court's General Order of Reference and 28 U.S.C. Section 636(b). Signed by Judge Matthew W. McFarland on 8/17/2020. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified Docket Text on 8/18/2020 (km).
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| NOTICE VACATING the Telephone Scheduling Conference set for 9/10/2020 at 10:00 AM before Magistrate Judge Stephanie K. Bowman. A Calendar Order was previously established by the Court on 8/5/2020 #18 . (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 19 RULE 26(f) REPORT AMENDED by Defendant Ford Motor Company. (Linville, Ronald) |
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Filing 18
CALENDAR ORDER: Deadline to move to amend the pleadings and/or add parties set for 8/3/2020. Deadline for motions relative to the pleadings set for 9/1/2021. Deadline for Plaintiff's disclosure and report of experts set for 7/1/2021. Deadline for Defendant's disclosure and report of experts set for 8/1/2021. Deadline for disclosure and report of rebuttal experts set for 9/1/2021. Deadline for disclosure of non-expert (fact) witnesses set for 10/1/2021. Discovery deadline set for 7/1/2021. Telephone Status Conference set for 7/19/2021 at 11:00 AM. Parties shall call 1-888-363-4749; access code: 8651321; security code: 2010. Dispositive motion deadline set for 10/1/2021. The final pretrial conference and trial will be scheduled by the trial judge. Counsel for Ford indicated that Ford may have intended to consent to the Magistrate Judge for purposes of pretrial matters only. Should this be the case, Ford must file an amended Rule 26(f) Discovery Plan, marking the appropriate box no later than 8/14/2020. If no amendment is filed by said date, the matter will remain on the docket of the undersigned for all purposes, including trial. Signed by Magistrate Judge Stephanie K. Bowman on 8/5/2020. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Scheduling Conference held on 8/5/2020. Attorneyes Ronald Linville and Martina Ellerbe appeared on behalf of Defendant. Pro se Plaintiff did not appear, despite the Court's attempts to contact her. Calendar Order to follow. Counsel for Ford indicated that Ford may have intended to consent to the Magistrate Judge for purposes of pretrial matters only. Should this be the case, Ford must file an amended Rule 26(f) Discovery Plan, marking the appropriate box no later than 8/14/2020. If no amendment is filed by said date, the matter will remain on the docket of the undersigned for all purposes, including trial. (km) |
| Filing 17 NOTICE of Appearance by Martina Theresa Ellerbe for Defendant Ford Motor Company (Ellerbe, Martina) |
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Notation Order: Judge Matthew W. McFarland hereby adopts #15 Consent Order issued by Judge Michael R. Barrett in its entirety. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 07/17/2020. (kaf)
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Filing 15
ORDER OF CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Stephanie K. Bowman.. Signed by Judge Michael R. Barrett on 7/16/20. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 14 RULE 26(f) REPORT OF THE PARTIES by Defendant Ford Motor Company. (Linville, Ronald) |
| Notice of Correction re: 13 Rule 26(f) Report. The report was incorrectly filed in both the lead case (1:19-cv-955) and the member case (1:19-cv-1039). Per the Court's Order of 6/15/2020 #11 all further entries were to be filed only in the lead case (1:19-cv-955). Therefore, the report has been deleted from both cases. Counsel is directed to refile the report in the lead case (1:19-cv-955) ONLY. The member case 1:19-cv-1039 has been statistically terminated on the Court's docket. (km) |
| Filing 13 RULE 26(f) REPORT of the PARTIES by Defendant Ford Motor Company. Associated Cases: 1:19-cv-00955-MWM-SKB, 1:19-cv-01039-MRB-SKB (Linville, Ronald) |
| Filing 12 PRELIMINARY PRETRIAL CONFERENCE NOTICE: Rule 26(f) Meeting Report due by 7/15/2020. The Court will thereafter, pursuant to Rule 16(b), enter a Calendar Order or will set and hold a Scheduling Conference after which a Calendar Order will be issued. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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Filing 11
ORDER denying as moot #9 Plaintiff's Motion to Add Evidence; granting Defendant's Motion to Consolidate (doc. 6 in 1:19-cv-01039). Member case 1:19-cv-01039 is hereby consolidated with lead case 1:19-cv-00955. Signed by Magistrate Judge Stephanie K. Bowman on 6/15/2020. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 10 RESPONSE in Opposition re #9 MOTION to Add Evidence filed by Defendant Ford Motor Company. (Linville, Ronald) |
| Filing 9 MOTION to Add Evidence by Plaintiffs Denise Thurmond. (jlw) |
| Filing 8 SUMMONS Returned Executed as to Defendant Ford Motor Company served on 12/4/2019, answer due 12/25/2019. (eh) |
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Filing 7
ORDER REASSIGNING CASE. Case reassigned to Judge Matthew W. McFarland for all further proceedings. Signed by Chief Judge Algenon L. Marbley on 1/3/2020. (ss)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 6 Defendant Ford Motor Company's ANSWER to #4 Complaint filed by Ford Motor Company. (Linville, Ronald) |
| Filing 5 Summons Issued as to Ford Motor Company. Sent to the US Marshal for service with USM-285 forms and copies of the #4 Complaint and #3 Order for service. (eh) |
| Filing 4 COMPLAINT filed by Denise Thurmond against Ford Motor Company. (Attachments: #1 EEOC Charge of Discrimination and Right to Sue, #2 Additional Exhibit) (eh) |
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Filing 3
ORDER granting #1 Motion for Leave to Proceed in forma pauperis and authorizing commencement of this action without prepayment of fees or costs. Signed by Magistrate Judge Stephanie K. Bowman on 11/21/2019. (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 2 Additional Exhibit to the Complaint re #1 MOTION for Leave to Proceed in forma pauperis by Plaintiff Denise Thurmond. (eh) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis (The Office of the Clerk is in possession of all necessary service documents) by Plaintiff Denise Thurmond. (Attachments: #1 Complaint, #2 Complaint Exhibit, #3 Civil Cover Sheet, #4 Summons and Marshal Form) (eh) |
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| Plaintiff: Denise Thurmond | |
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| Defendant: Ford Motor Company | |
| Represented By: | Ronald Gordon Linville |
| Represented By: | Martina Theresa Ellerbe |
| Represented By: | Lauren M. Larrick |
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