LUCAS v. United Parcel Service, Inc.
Plaintiff: HENRY LUCAS, JR.
Defendant: United Parcel Service, Inc.
Case Number: 3:2017cv00275
Filed: August 15, 2017
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MIAMI
Presiding Judge: Walter H. Rice
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 2000
Jury Demanded By: Plaintiff
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Date Filed Document Text
August 11, 2021 Opinion or Order Filing 98 AGREED ORDER OF DISMISSAL - The parties hereby agree that this case has been settled and that all issues and controversies have been resolved to their mutual satisfaction. The parties request the Court to retain jurisdiction to enforce the terms of their settlement agreement under the authority of Kokkonen v. Guardian Life Insurance Company of America, 114 S.Ct. 1673 (1994). IT IS HEREBY ORDERED: 1. The parties shall comply with the signed settlement agreement dated July 30, 2021. The parti es expressly waive their rights under Federal Rule of Civil Procedure 65(d) to the extent Rule 65(d) requires this order to be specific in terms or to describe in reasonable detail and without reference to the settlement agreement the act or acts t o be restrained. 2. By consent of the parties, the Court shall retain jurisdiction for the purpose of enforcing the terms of the settlement agreement. 3. This case is dismissed without prejudice with leave to reinstate on or before August 28, 2021 , for the purpose of enforcing the settlement. This Agreed Order of Dismissal is entered without prejudice in order to allow the Court to enforce the settlement agreement. The parties are barred from relitigating any claims raised in this litigat ion or any claims released by means of the settlement agreement. 4. In the event a motion to reinstate or motion to enforce settlement is not filed on or before August 28, 2021, the case shall be deemed dismissed with prejudice without further order of the Court. Each party shall bear its own attorney's fees and costs.Signed by Judge Walter H. Rice on 8/11/2021. (bjr)
June 4, 2021 Opinion or Order Filing 97 ORDER OF DISMISSAL; TERMINATION ENTRY - The Court having been advised by counsel for the parties that the above matter has been settled, IT IS ORDERED that this action is hereby DISMISSED, with prejudice as to the parties, provided that any of th e parties may, upon good cause shown within 60 days, reopen the action if settlement is not consummated. Parties intending to preserve this Court's jurisdiction to enforce the settlement should be aware of Kokkonen v. Guardian Life Ins. Co. of America, 114 S. Ct. 1673 (1994), and incorporate appropriate language in any substituted judgment entry. The Court will retain jurisdiction to enforce the terms of the settlement between the parties, if necessary. IT IS SO ORDERED. Signed by Judge Walter H. Rice on 6/4/2021. (srb)
May 13, 2021 Opinion or Order Filing 96 ORDER OF REFERENCE - Pursuant to 28 U.S.C. §636(b)(1)(A), (B), and (C), and §636(b)(3), the above-captioned action is hereby referred to United States Magistrate Judge Sharon L. Ovington, ADR Coordinator, for purposes of conducting a mediation. The Mediation should be scheduled as soon as possible, as this matter is set for Trial on June 14, 2021. Signed by Judge Walter H. Rice on 5/13/2021. (srb)
October 27, 2020 Opinion or Order Filing 93 DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART PLAINTIFFS MOTION IN LIMINE TO EXCLUDE ANY EVIDENCE OF HIS CURRENT OR PRIOR CRIMINAL CONVICTIONS OR INCARCERATIONS (DOC. # 64 ); DEFENDANT IS PROHIBITED FROM MAKING ANY STATEMENT OR INTRODU CING ANY EVIDENCE OF PLAINTIFFS CURRENT OR PRIOR CRIMINAL CONVICTIONS OTHER THAN ASKING PLAINTIFF THE FOLLOWING QUESTIONS: (1) IF HE WAS EVER CONVICTED OF A FELONY OFFENSE; (2) HOW MANY TIMES HE WAS CONVICTED OF A FELONY OFFENSE; AND (3) THE NATURE OF HIS 2010 CONVICTION MAY BE INTRODUCED ON CROSS-EXAMINATION; DEFENDANT CANNOT BE ASKED WHETHER HE HAS BEEN OR IS NOW INCARCERATED. Signed by Judge Walter H. Rice on 10/27/2020. (kma)
October 1, 2020 Opinion or Order Filing 91 DECISION AND ENTRY SUSTAINING, IN PART, AND OVERRULING IN PART DEFENDANT'S MOTION IN LIMINE TO EXCLUDE FAILURE TO ACCOMMODATE CLAIM (DOC. # 71 ). Signed by Judge Walter H. Rice on 10/1/2020. (kma)
July 7, 2020 Opinion or Order Filing 84 ORDER - The undersigned ORDERS the Warden, Chillicothe Correctional Institution, Ohio, to have HENRY A. LUCAS, JR., Prisoner # A767545, and Plaintiff in the above noted case, detained in the aforementioned institution, available by telephone, before Magistrate Judge Michael J. Newman, for the Southern District of Ohio, on the 15th day of July, 2020 beginning at 9:30 a.m. for mediation proceedings. The telephone conference information is as follows:Telephone number: (646) 749-3122 Access Code: 5 80994509 The undersigned furthers ORDERS that Plaintiff, HENRY A. LUCAS, JR., Prisoner # A767545, is to be made available by telephone until 5:00 p.m. on July 15, 2020, at which time the mediation shall conclude. Signed by Magistrate Judge Michael J. Newman on 7/6/2020. (kma)
February 22, 2019 Opinion or Order Filing 16 STIPULATED PROTECTIVE ORDER. Signed by Judge Walter H. Rice on 2/22/2019. (srb)
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Plaintiff: HENRY LUCAS, JR.
Represented By: Julius L Carter
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Defendant: United Parcel Service, Inc.
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