Anderson v. Greater Dayton Regional Transit Authority
| Greater Dayton Regional Transit Authority |
| Shawn Anderson |
| 3:2020cv00520 |
| December 30, 2020 |
| US District Court for the Southern District of Ohio |
| Michael J Newman |
| Sharon L Ovington |
| Labor: Family and Medical Leave Act |
| 28 U.S.C. § 1441 Petition for Removal - Employment Discrim |
| Both |
Docket Report
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This docket was last retrieved on November 7, 2022. A more recent docket listing may be available from PACER.
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Filing 42
ORDER CONDITIONALLY DISMISSING THIS CASE. Signed by Judge Michael J. Newman on 11/7/22. (pb)
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| NOTICE OF HEARINGS: Final Pretrial Conference set for 2/28/2023 at 10:00 AM in Courtroom 4 - Dayton before Judge Michael J. Newman. Jury Trial set to begin on 3/20/2023 at 9:30 AM in Courtroom 4 - Dayton before Judge Michael J. Newman. Before the Final Pretrial Conference, the parties should familiarize themselves with and adhere to Judge Newman's Civil Standing Order, which is available here: https://www.ohsd.uscourts.gov/sites/ohsd/files//MJN%20Standing%20Civil% 20Order_Final_05.13.21.pdf (bjs) |
| NOTATION ORDER CANCELLING STATUS CONFERENCE: The Court hereby CANCELS the status conference scheduled for 10/7/22 at 11:30 a.m. The Court will reach out to the parties by email to schedule a trial date and a final pretrial conference. (bjs) |
| NOTICE OF TIME CHANGE: Due to a scheduling conflict, the telephone status conference originally scheduled for 11:00 a.m. on 10/7/22 is RESCHEDULED for 11:30 a.m. on 10/7/22. To join the conference, dial 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join. (bjs) |
| NOTICE OF CANCELLATION: The Status Conference originally set for 10/3/2022 at 3:00 p.m. is now CANCELLED due to a scheduling conflict. The Status Conference is RESET for 10/7/2022 at 11:00 a.m. To join the conference, dial 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join. (bjs) |
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Filing 41
ORDER: (1) DENYING DEFENDANTS SUMMARY JUDGMENT MOTION (DOC. NO. #27 ) AS TO COUNTS 1, 2, AND 3; (2) GRANTING DEFENDANTS SUMMARY JUDGMENT MOTION AS TO COUNTS 4 AND 5; AND (3) SETTING A TELEPHONE STATUS CONFERENCE WITH COUNSEL ON OCTOBER 3, 2022 AT 3:00 P.M. before Judge Michael J. Newman.. Signed by Judge Michael J. Newman on 9/20/22. (pb)
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| Filing 40 NOTICE of Substitution of Counsel - Lauren M. Larrick substituting for Ryan A. Cates as to Defendant Greater Dayton Regional Transit Authority. (Larrick, Lauren) |
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Filing 39
NOTATION ORDER granting #38 joint motion to continue the trial date and all other remaining case deadlines. The March 2, 2021 #13 scheduling order, and all dates and deadlines set therein, is hereby VACATED. Should a trial be necessary, the Court will convene the parties at the appropriate time to schedule final pretrial conference and trial dates. IT IS SO ORDERED. Signed by Judge Michael J. Newman on 05/27/2022. (jak)
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| Filing 38 Joint MOTION to Continue the Trial Date and All Other Remaining Case Deadlines by Plaintiff Shawn Anderson. (Bruce, Matthew) |
| Filing 37 REPLY to Response to Motion re #27 MOTION for Summary Judgment , #21 MOTION for Summary Judgment and Memorandum in Support filed by Defendant Greater Dayton Regional Transit Authority. (Cates, Ryan) |
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Filing 36
NOTATION ORDER granting #35 Defendant's motion for an extension of time. Reply brief in support of #27 motion for summary judgment due on or before 05/03/2022. IT IS SO ORDERED. Signed by Judge Michael J. Newman on 04/11/2022. (jak)
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| Filing 35 Unopposed MOTION for Extension of Time to File Response/Reply New date requested 5/3/2022. by Defendant Greater Dayton Regional Transit Authority. (Attachments: #1 Text of Proposed Order) (Cates, Ryan) |
| Filing 34 RESPONSE to Motion re #27 MOTION for Summary Judgment filed by Plaintiff, Shawn Anderson. (Attachments: #1 Exhibit Exhibit H, #2 Exhibit Exhibit J, #3 Exhibit Exhibit P, #4 Exhibit Exhibit R, #5 Exhibit Exhibit S, #6 Exhibit Exhibit V, #7 Exhibit Exhibit W, #8 Exhibit Exhibit X) (Bruce, Matthew) (Text searchable version of original #32 . Modified on 4/7/2022 to link text searchable document. (bjr). |
| Filing 33 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #32 RESPONSE in Opposition re #27 MOTION for Summary Judgment and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #32 as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 4/7/2022. (bjr) |
| Filing 32 RESPONSE in Opposition re #27 MOTION for Summary Judgment filed by Plaintiff Shawn Anderson. (Attachments: #1 Exhibit Exhibit V, #2 Exhibit Exhibit W, #3 Exhibit Exhibit X, #4 Exhibit Exhibit H, #5 Exhibit Exhibit J, #6 Exhibit Exhibit P, #7 Exhibit Exhibit R, #8 Exhibit Exhibit S) (Bruce, Matthew) |
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Filing 31
NOTATION ORDER granting #30 joint motion to amend the briefing schedule. Plaintiff's opposition memorandum in response to #27 Defendant's motion for summary judgment shall be filed on or before 04/05/2022. Defendant's reply brief due on or before 04/19/2022. IT IS SO ORDERED. Signed by Judge Michael J. Newman on 02/24/2022. (jak)
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| Filing 30 Joint MOTION to Amend/Correct Briefing Schedule by Plaintiff Shawn Anderson. (Bruce, Matthew) |
| Filing 29 DEPOSITION of Shawn Anderson taken on 9/29/2021 by Defendant Greater Dayton Regional Transit Authority. (text searchable version of original #22 (Attachments: #1 Exhibit Anderson Exhibit 1, #2 Exhibit Anderson Exhibit 2, #3 Exhibit Anderson Exhibit 5, #4 Exhibit Anderson Exhibit 8, #5 Exhibit Anderson Exhibit 9, #6 Exhibit Anderson Exhibit 12 (Not able to OCR), #7 Exhibit Anderson Exhibit 13, #8 Exhibit Anderson Exhibit 15, #9 Exhibit Anderson Exhibit 16, #10 Exhibit Anderson Exhibit 17, #11 Exhibit Anderson Exhibit 20, #12 Exhibit Anderson Exhibit 21, #13 Exhibit Anderson Exhibit 23 (Not able to OCR), #14 Exhibit Anderson Exhibit 25, #15 Exhibit Anderson Exhibit 26 (Not able to OCR), #16 Exhibit Anderson Exhibit 27) (Cates, Ryan) Modified on 2/23/2022 to link text searchable document. (bjr) |
| Filing 28 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #22 Deposition filed by Greater Dayton Regional Transit Authority and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #22 Deposition, filed by Greater Dayton Regional Transit Authority as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 2/23/2022. (srb) |
| Filing 27 MOTION for Summary Judgment by Defendant Greater Dayton Regional Transit Authority. (Attachments: #1 Exhibit B - Julie Hoffman Signed Declaration, #2 Exhibit A - Roland Caldwell Signed Declaration) (Cates, Ryan) (text searchable version of original #21 ) Modified to link text searchable document on 2/22/2022 (bjr). |
| Filing 26 DEPOSITION of Shawn Anderson taken on 11/17/2021 by Defendant Greater Dayton Regional Transit Authority. (Cates, Ryan) (text searchable version to original #17 ) Modified on 2/22/2022 to link text searchable document (bjr). |
| Filing 25 DEPOSITION of Julie Hoffman taken on 1/4/2022 by Defendant Greater Dayton Regional Transit Authority. (Attachments: #1 Exhibit Hoffman Exhibit Z) (Cates, Ryan) (text searchable version of original #20 ) Modified on 2/22/2022 to link text searchable document. (bjr). |
| Filing 24 DEPOSITION of Thomas Nichols taken on 12/7/2021 by Defendant Greater Dayton Regional Transit Authority. (Attachments: #1 Exhibit Nichols Exhibit I, #2 Exhibit Nichols Exhibit T) (Cates, Ryan) (text searchable version of original #19 ) Modified on 2/22/2022 to link text searchable document. (bjr). |
| Filing 23 DEPOSITION of Roland Caldwell taken on 12/7/2021 by Defendant Greater Dayton Regional Transit Authority. (Attachments: #1 Exhibit Caldwell Exhibit M) (Cates, Ryan) (text searchable version of original #18 ) Modified on 2/22/2022 to link text searchable document. (bjr) |
| Filing 22 DEPOSITION of Shawn Anderson taken on 9/29/2021 by Defendant Greater Dayton Regional Transit Authority. (Attachments: #1 Exhibit Anderson Exhibit 1, #2 Exhibit Anderson Exhibit 2, #3 Exhibit Anderson Exhibit 5, #4 Exhibit Anderson Exhibit 8, #5 Exhibit Anderson Exhibit 9, #6 Exhibit Anderson Exhibit 12, #7 Exhibit Anderson Exhibit 13, #8 Exhibit Anderson Exhibit 15, #9 Exhibit Anderson Exhibit 16, #10 Exhibit Anderson Exhibit 17, #11 Exhibit Anderson Exhibit 20, #12 Exhibit Anderson Exhibit 21, #13 Exhibit Anderson Exhibit 23, #14 Exhibit Anderson Exhibit 25, #15 Exhibit Anderson Exhibit 26, #16 Exhibit Anderson Exhibit 27) (Cates, Ryan) |
| Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filings, docket nos. #17 , #18 , #19 , #20 , and #21 Deposition and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket nos. #17 , #18 , #19 , #20 , and #21 as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 2/22/2022. (bjr) |
| Filing 21 MOTION for Summary Judgment and Memorandum in Support by Defendant Greater Dayton Regional Transit Authority. (Attachments: #1 Exhibit A - Declaration of Roland Caldwell, #2 Exhibit B - Declaration of Julie Hoffman) (Cates, Ryan) |
| Filing 20 DEPOSITION of Julie Hoffman taken on 1/4/2022 by Defendant Greater Dayton Regional Transit Authority. (Attachments: #1 Exhibit Hoffman Exhibit Z) (Cates, Ryan) |
| Filing 19 DEPOSITION of Thomas Nichols taken on 12/7/2021 by Defendant Greater Dayton Regional Transit Authority. (Attachments: #1 Exhibit Nichols Exhibit I, #2 Exhibit Nichols Exhibit T) (Cates, Ryan) |
| Filing 18 DEPOSITION of Roland Caldwell taken on 12/7/2021 by Defendant Greater Dayton Regional Transit Authority. (Attachments: #1 Exhibit Caldwell Exhibit M) (Cates, Ryan) |
| Filing 17 DEPOSITION of Shawn Anderson taken on 11/17/2021 by Defendant Greater Dayton Regional Transit Authority. (Cates, Ryan) |
| Filing 16 DEPOSITION of Shawn Anderson taken on 9/29/2021 by Defendant Greater Dayton Regional Transit Authority. (Attachments: #1 Exhibit Anderson Exhibit 1, #2 Exhibit Anderson Exhibit 2, #3 Exhibit Anderson Exhibit 5, #4 Exhibit Anderson Exhibit 8, #5 Exhibit Anderson Exhibit 9, #6 Exhibit Anderson Exhibit 12, #7 Exhibit Anderson Exhibit 13, #8 Exhibit Anderson Exhibit 15, #9 Exhibit Anderson Exhibit 16, #10 Exhibit Anderson Exhibit 17, #11 Exhibit Anderson Exhibit 20, #12 Exhibit Anderson Exhibit 21, #13 Exhibit Anderson Exhibit 23, #14 Exhibit Anderson Exhibit 25, #15 Exhibit Anderson Exhibit 26, #16 Exhibit Anderson Exhibit 27) (Cates, Ryan) |
| Filing 15 NOTICE - The discovery phase of this case has ended. No discovery motions or other matters referred to the undersigned Judicial Officer remain pending. The case is presently set for further proceedings, including trial, before United States District Judge Michael J. Newman. The Clerk of Court is directed to note in the record that: 1. Referral of this case to the undersigned Judicial Officer has expired; and 2. No motions or other matters in this case remain pending before the undersigned Judicial Officer. Signed by Magistrate Judge Sharon L. Ovington on 1/6/2022. (srb) |
| Minute Entry for proceedings held before Magistrate Judge Sharon L. Ovington: Pursuant to the telephone status conference held on 1/6/22 the parties report that discovery is complete except for a minor issue which will be resolved soon. (kpf) |
| Set/Reset Hearings: Status Conference set for 1/6/2022 10:00 AM by Teleconference before Magistrate Judge Sharon L. Ovington. To participate, please call 1-888-684-8852. The ACCESS CODE is 6641708. The SECURITY CODE is 010622. (pb) Modified on 12/17/2021 To correct who will conduct the hearing Magistrate Judge(pb). |
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Filing 14
ORDER REFERRING CASE to Magistrate Judge Sharon L. Ovington. Signed by Judge Michael J. Newman on 05/13/2021. (jmb)
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| NOTICE: Counsel is advised to review and become familiar with Judge Michael J. Newman's # Standing Order Governing Civil Cases. This Order replaces General Order No. 1201 Dayton in all civil cases before Judge Newman (pb) |
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Filing 13
PRELIMINARY PRETRIAL CONFERENCE ORDERR: Rule 26(a)(1) Disclosures due by 4/2/2021. Motions directed to pleadings due by 5/14/2021. Motions to Amend due by 4/16/2021. Lay Witness due by 10/20/2021. Plaintiff Primary Expert due by 10/20/2021. Defendant Primary Expert due by 10/20/2021. Rebuttal Expert due by 11/24/2021. Status Conference set for 1/6/2022 10:00 AM BY Teleconference before Judge Michael J. Newman. Discovery due by 12/29/2021. Dispositive motions due by 2/17/2022. Final Pretrial Conference set for 7/6/2022 10:00 AM in Courtroom 4 - Dayton before Judge Michael J. Newman. Jury Trial set for 7/25/2022 09:30 AM in Courtroom 4 - Dayton before Judge Michael J. Newman. Signed by Judge Michael J. Newman on 3/2/21. (pb)
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| Minute Entry for proceedings held before Judge Michael J. Newman: This civil case came before Judge Michael J. Newman on March 2, 2021 for a preliminary pretrial conference by telephone. Matthew G. Bruce appeared and participated on behalf of Plaintiff. Ryan A. Cates appeared and participated on behalf of Defendant. The Court has reviewed the parties' Rule 26(f) report (doc. #12 ). An order will issue by separate entry. (Court Reporter: Julie Renee Hoenstein) (pb) |
| Filing 12 RULE 26(f) REPORT AMENDED by Plaintiff Shawn Anderson. (Bruce, Matthew) |
| Filing 11 NOTICE of Appearance by Lauren M. Larrick for Defendant Greater Dayton Regional Transit Authority (Larrick, Lauren) |
| Filing 10 RULE 26(f) REPORT by Plaintiff Shawn Anderson. (Bruce, Matthew) |
| Filing 9 NOTICE by Plaintiff Shawn Anderson re #7 Answer to Complaint,, Counterclaim, PLAINTIFFS ANSWER TO DEFENDANTS COUNTERCLAIM (Bruce, Matthew) |
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Filing 8
ORDER SETTING A PRELIMINARY PRETRIAL SCHEDULING CONFERENCE - Rule 26f Report due by 2/23/2021. Pretrial Conference set for 3/2/2021 at 11:30 AM in Teleconference before Judge Michael J. Newman. To participate, the attorneys for the parties shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. Signed by Judge Michael J. Newman on 1/27/21. (pb)
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| Filing 7 Defendant Greater Dayton Regional Transit Authority's ANSWER to #2 Complaint with Jury Demand and Defendant's, COUNTERCLAIM against Shawn Anderson filed by Greater Dayton Regional Transit Authority. (Cates, Ryan) |
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Filing 6
NOTATION ORDER: For good cause shown, and absent objection, the parties' joint motion for an extension of time for Defendant Greater Dayton Regional Transit Authority to move or plead in response to Plaintiff's complaint (doc. #5 ) is GRANTED. Defendant shall move or plead in response to Plaintiff's complaint on or before January 27, 2021. IT IS SO ORDERED. Signed by Judge Michael J. Newman on 12/30/2020. (jak)
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| Filing 5 First MOTION for Extension of Time New date requested 1/27/2021. TO MOVE OR PLEAD by Defendant Greater Dayton Regional Transit Authority. (Cates, Ryan) |
| Filing 4 Corporate Disclosure Statement by Defendant Greater Dayton Regional Transit Authority. (Cates, Ryan) |
| Filing 3 NOTICE by Defendant Greater Dayton Regional Transit Authority Certificate of Filing Notice of Removal and Exhibit with Montgomery County Court of Common Pleas (Attachments: #1 Exhibit 1) (Cates, Ryan) |
| Filing 2 (COPY OF) COMPLAINT with JURY DEMAND against Greater Dayton Regional Transit Authority, filed by Shawn Anderson. (Originally filed in the Montgomery County Court of Common Pleas, Case No. 2020 CV 4509, filed on 11/24/2020). (jmb) |
| Filing 1 NOTICE OF REMOVAL from Montgomery County Court of Common Pleas, case number 2020CV04509 ( Filing fee $ 402 paid - receipt number: AOHSDC-7929809), filed by Greater Dayton Regional Transit Authority. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C) (Cates, Ryan) |
| Set/Reset Deadlines: Greater Dayton Regional Transit Authority answer due 1/27/2021. (jmb) |
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