Garrity v. Penn National Gaming, Inc.
| Gretchen Garrity |
| Penn National Gaming, Inc. |
| Mountainview Thoroughbred Racing Association |
| 3:2012cv02287 |
| November 16, 2012 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Dauphin |
| Robert D Mariani |
| Labor: Family and Medical Leave Act |
| 28 U.S.C. § 1331 Fed. Question: Fair Labor Standards |
| Plaintiff |
Docket Report
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| Filing 46 Certified Mail (Doc. 44) Returned as "Unclaimed" as to Gretchen Garrity (bg) |
Filing 45
ORDER 1. Defendant's Motion to Dismiss for Failure to Prosecute (Doc. 40) is GRANTED. 2. The action is DISMISSED WITH PREJUDICE. 3. The Clerk of Court is DIRECTED to close the case. 4. In light of Plaintiff's outstanding obligation to pay attorney's fees and costs to the Defendant, judgment is HEREBY entered IN FAVOR OF THE DEFENDANT, Mountainview Thoroughbred Racing Association, and AGAINST THE PLAINTIFF, Gretchen Garrity, in the amount of three-thousand four hundred forty-four dollars and fifteen cents ($3,444.15). 5. The Clerk of Court is DIRECTED to mail acopy of this Order to Plaintiff's last known address by certified mail. Signed by Honorable Robert D. Mariani on 4/14/14. Copy of Memo & Opinion and Order mailed to Plaintiff by Clerk's Office. (jfg)
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| Filing 44 MEMORANDUM & OPINION - Accordingly, Defendant's Motion to Dismiss (Doc. 40) is GRANTED. Aseparate Order follows.Signed by Honorable Robert D. Mariani on 4/14/14. (jfg) |
| Filing 43 Cerified Mail (Docs 40, 41 & 42) Returned as "Unclaimed" as to Gretchen Garrity. Envenlope indicates she was notified by the post office on 2/24/2014 (bg) |
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Filing 42
ORDER TO SHOW CAUSE. 1. Plaintiff Gretchen Garrity shall have TWENTYEIGHT (28) DAYS from the date of this Order to:a.SHOW CAUSE why her case should not be dismissed for failure to prosecute or to follow Orders of the Court; andb.FILE a response to Defendant's Motion to Dismiss (Doc. 40).2.Both shall be done by 'filing Plaintiffs submission with the Clerk of Court at the United States Courthouse in Scranton.3.The Clerk of Court is DIRECTED to mail acopy of this Order, Defendant's Motion to Dismiss (Doc. 40), and Defendant's Brief in Support of its Motion (Doc. 41) to Plaintiffs last known address by certified mail. Show Cause Response due by 3/20/2014.Signed by Honorable Robert D. Mariani on 2/20/2014. (bg)
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| DOCKET ANNOTATION: Order dated 2/20/2014, & Docs 40-41 mailed to Plaintiff via certified mail on 2/20/2014. Tracking number 7010 0290 0002 6572 9323 (bg) |
| Filing 41 BRIEF IN SUPPORT re #40 MOTION to Dismiss for Lack of Prosecution filed by Mountainview Thoroughbred Racing Association.(Rahman, S.) |
| Filing 40 MOTION to Dismiss for Lack of Prosecution by Mountainview Thoroughbred Racing Association. (Attachments: #1 Proposed Order)(Rahman, S.) |
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Filing 39
ORDER 1. Plaintiffs Motion (Doc. 38) is GRANTED. 2. On or before JANUARY 27, 2014, Plaintiff shall either: a. Have new counsel enter an official appearance before this Court through the Middle District's electronic filing system; orb. Inform the Court that she will proceed pro se (i.e., that she will represent herself in this litigation). 3. If Plaintiff does not either have new counsel enter an appearance or inform the Court that she will proceed pro se on or before JANUARY 27,2014, then this case may be dismissed for failure to prosecute. 4. The Clerk of Court is DIRECTED to mail acopy of this Order to Plaintiff at the following address: Gretchen Garrity 46 York Farm RoadPottsville, PA 17901Signed by Honorable Robert D. Mariani on 11/26/13. (jfg)
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| Filing 38 REQUEST for 60 additional days to obtain counsel by Gretchen Garrity. (bg) |
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Filing 37
ORDER upon consideration ofDefendant's Motion to Compel Discovery (Docket No. 17), and supporting Memorandum (Docket No. 18), and following a discovery conference on September 16, 2013, and a hearing held on October 10, 2013, IT IS HEREBY ORDERED that Defendant's request for sanctions is hereby granted and Plaintiff is ORDERED to pay Defendant's attorney's fees and costs for preparing Defendant's Motion to Compel Discovery in the total amount of $3,444.15, as shown on the accompanying Affidavit of Counsel, such check to be made payable to Mountainview Thoroughbred Racing Association and delivered to counsel for the Defendant, S. Whitney Rahman, E quire, at Blakinger, Byler & Thomas, P.C., 28 Penn Square, Lancaster, PA 17603, no later than January 17, 2014. Signed by Honorable Robert D. Mariani on 10/17/13. (jfg)
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| Filing 36 Proposed Pretrial Order by Mountainview Thoroughbred Racing Association. (Attachments: #1 Certificate of Service)(Rahman, S.) |
| Filing 35 AFFIDAVIT of Counsel filed by Mountainview Thoroughbred Racing Association of Affiant S. Whitney Rahman. (Attachments: #1 Exhibit(s) A, #2 Certificate of Service)(Rahman, S.) |
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Filing 33
ORDER re #32 Order on Motion to Withdraw as Attorney. Plaintiff shall have until 11/11/13 to obtain new counsel. Address for Gretchen Garrity added to the docket and copies of Court Orders (Doc. 32 & 33) mailed on 10/11/13. Signed by Honorable Robert D. Mariani on 10/11/2013. (bg)
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Filing 32
ORDER granting #21 Motion to Withdraw as Attorney. Attorney Sudhir R. Patel terminated. Signed by Honorable Robert D. Mariani on 10/11/2013 (bg)
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| Filing 31 RETURN OF SERVICE re #26 Order on Motion for Order, Order on Motion to Compel Discovery, served on Gretchen Garrity (bg) |
| Filing 30 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Oral argument before Judge Mariani on 10/10/13. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 10/10/13. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
| Filing 29 Letter from S. Whitney Rahman, Esquire regarding responsive documents to Defendant's First Request for Production of Documents. (Rahman, S.) |
| Filing 28 PROOF OF SERVICE re #26 Order on Motion to Compel Discovery, Gretchen Garrity served via certified mail on 9/20/2013 (bg) (Additional attachment(s) added on 9/24/2013: #1 second Proof of Service also returned) (bg). |
| Filing 27 Supplement by Gretchen Garrity. to #21 MOTION to Withdraw as Attorney . (Patel, Sudhir) |
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Filing 26
ORDER that Defendant's Motion is GRANTED IN PART AND DENIED IN PART. To wit:1. Plaintiff is ORDERED to provide to Defendant all documents responsive to Requests 5, 8, 9, and 10 of Defendant's First Request for Production of Documents, as set forth in greater detail in Defendant's letter dated July 24, 2013. Said documents shall be provided within SEVEN (7) DAYS of the date of this Order. 2. Given that Plaintiffs counsel indicated in the above-mentioned discovery conference that Plaintiff has already signed the releases requested in Defendant's letter of July 29,2013, Plaintiff is ORDERED to provide said releases to Defendant within FIVE (5) DAYS of the date of this Order. 3.The portion of Defendant's Motion requesting attorney's fees is DENIED. 4.The Court further hereby orders that: a. Discovery in this matter will close THIRTY (30) DAYS from the date of this Order. b. Dispositive motions will be due THIRTY (30) DAYS after discovery closes. c. All other dates as set forth in the Case Management Order (Doc. 13) shall REMAIN THE SAME.Signed by Honorable Robert D. Mariani on 9/16/13 (jfg)
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Filing 24
ORDER: THAT Oral Argument on Attorney Sudhir Patel's motion to withdraw as counsel for plaintiff is scheduled for Thursday, October 10,2013 at 1:30 p.m., William J. Nealon Federal Building and U.S. Courthouse, 235 N. Washington Avenue, Scranton, Pa. The oral argument will be held in a courtroom to be designated by the Clerk of Court. Counsel can obtain information on courtroom assignments by contacting the Clerk's office the Friday before the scheduled appearance. IT IS FURTHER ORDERED that Gretchen Garrity is required to attend the oral argument. The Clerk of Court is directed to serve acopy of this order upon Ms. Garrity by Certified Mail Return Receipt. Note Courtroom Deputy Called Ms. Garrity at 570-640-5525 Signed by Honorable Robert D. Mariani on 9/16/13. (jfg)
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| Filing 23 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Teleconference before Judge Mariani on 9/16/13. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 9/16/13. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
| DOCKET ANNOTATION: Order dated 9/16/2013 (Doc. 26) mailed via USPS certified mail on Gretchen Garrity. Tracking number: 7010 0290 0002 6573 6826(bg) |
| Filing 22 CERTIFICATE of Concurrence by Gretchen Garrity re #21 MOTION to Withdraw as Attorney . (Patel, Sudhir) |
| Filing 21 MOTION to Withdraw as Attorney by Gretchen Garrity.(Patel, Sudhir) |
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Filing 20
ORDER:pursuant to defendant's letter for discovery conference, IS HEREBY ORDERED THAT a telephone discovery conference shall be conducted on Monday, September 16, 2013 at 11 :30 a.m. Counsel for defendant is responsible for arranging the call to (570) 207-5750, and a" parties should be ready to proceed before the undersigned is contacted. Signed by Honorable Robert D. Mariani on 8/29/13. (jfg)
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| Filing 19 Letter from S. Whitney Rahman . (Rahman, S.) |
| Filing 18 MEMORANDUM OF LAW by Mountainview Thoroughbred Racing Association, Penn National Gaming, Inc. re #17 MOTION to Compel Discovery . (Rahman, S.) |
| Filing 17 MOTION to Compel Discovery by Mountainview Thoroughbred Racing Association, Penn National Gaming, Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F)(Rahman, S.) |
| Filing 16 Unopposed MOTION for Order to Extend Discovery Deadlines by Gretchen Garrity.(Patel, Sudhir) |
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Filing 15
ORDER THAT Plaintiffs Motion is GRANTED. Accordingly: 1. Fact discovery shall be concluded by September 15,2013. 2. Dispositive motions along with supporting briefs shall be filed by October 1, 2013. Signed by Honorable Robert D. Mariani on 7/29/13 (jfg)
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| Filing 14 MOTION for Extension of Time to Complete Discovery by Gretchen Garrity. (Attachments: #1 Exhibit(s))(Patel, Sudhir) |
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Filing 13
ORDER 1. All fact discovery shall be completed on or before August 15, 2013.2. All expert discovery shall be completed on or before December 1, 2013 for Plaintiff, and December 15, 2013 for Defendant. 3. All dispositive motions along with supporting briefs shall be filed on or before September 15, 2013.4. Plaintiff shall comply with the requirements of Fed. R. Civ. P. 26(a)(2) with respect to expert witnesses no later than October 1, 2013. Defendants shall comply with the requirements of Fed. R. Civ. P. 26{a)(2) with respect to expert witnesses no later than November 15, 2013. All supplemental reports shall be filed on or before December 1,2013. 5. Apretrial conference and trial date will be scheduled in afuture order. 6. Plaintiff shall be entitled to 10 depositions, 25 interrogatories, 40 document production requests, and 25 requests for admission. Defendants shall be entitled to 10 depositions, 25 interrogatories, 40 document production requests, and 25 requests for admission. All other discovery shall be conducted in accordance with the Federal and Local Rules, and the parties may ask the Court for leave for additional discovery, if needed. 7. No discovery motion shall be filed until after the disputing parties have conferred with the Court in an effort to resolve the discovery dispute. The discovery conference with the Court may be conducted by telephone at the request of any of the disputing parties. 8.On the date of the close of fact based discovery, Plaintiff shall provide the Court with awritten report concerning the status of discovery.Signed by Honorable Robert D. Mariani on 4/26/13. (jfg)
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Filing 11
ORDER: THAT the Case Management Conference previously scheduled for Friday, April 12, 2013 at 11 :00 a.m. has been rescheduled to Friday, April 26, 2013 at 3:00 p.m. Counsel for plaintiff is responsible for arranging the call to (570) 207-5750, and all parties should be ready to proceed before the undersigned is contacted. Signed by Honorable Robert D. Mariani on 4/12/13. (jfg)
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| Filing 10 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Mountainview Thoroughbred Racing Association. (Rahman, S.) |
| Filing 9 CASE MANAGEMENT PLAN by Gretchen Garrity. (Patel, Sudhir) |
| Filing 8 DISCLOSURE REPORT by Gretchen Garrity by Gretchen Garrity.(Patel, Sudhir) |
| Filing 7 STIPULATION by Gretchen Garrity. (Patel, Sudhir) |
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Filing 6
ORDER: Case Management Conference set for 4/12/2013 11:00 AM in Scranton before Honorable Robert D. Mariani.Signed by Honorable Robert D. Mariani on 3/14/13. (jfg)
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| Filing 5 Mountainview Thoroughbred Racing Association's ANSWER to #3 Amended Complaint, by Mountainview Thoroughbred Racing Association.(Rahman, S.) |
| Filing 4 WAIVER OF SERVICE Returned by Gretchen Garrity. Mountainview Thoroughbred Racing Association waiver sent on 1/2/2013, answer due 3/4/2013. (Patel, Sudhir) |
| Filing 3 AMENDED COMPLAINT against Mountainview Thoroughbred Racing Association, filed by Gretchen Garrity. (Attachments: #1 Exhibit(s) June 6, 2011 FMLA Approval Letter, #2 Exhibit(s) October 4, 2011 Letter, #3 Exhibit(s) May 7 & May 10, 2012 FMLA letters, #4 Exhibit(s) April 18, 2012 disciplinary form, #5 Exhibit(s) May 5, 2012 termination form)(Patel, Sudhir) |
| Filing 2 LETTER - The above-referenced action has been assigned to me. To ensure that the Case Management Conference is conducted in a timely manner, you are directed to file a written report within thirty (30) days as to whether service has been effected or awaiver of service obtained. The report will not be required if an affidavit of service has been filed within that time period. In addition, you are advised to refrain from entering into agreements for extensions of time for filing an answer or other responsive pleading to the complaint without court approval.Signed by Honorable Robert D. Mariani on 11/20/12. (jfg) |
| Summons Issued as to Penn National Gaming, Inc. and provided to Atty Patel for service on Defendant(s). (bg) |
| Filing 1 COMPLAINT against Penn National Gaming, Inc. ( Filing fee $350, Receipt Number 2629919), filed by Gretchen Garrity. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E)(bg) |
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