Eichelberger v. Champion Aerospace Inc
Plaintiff: Misty Eichelberger and Robert Eichelberger
Defendant: Champion Aerospace Inc
Case Number: 8:2008cv02990
Filed: August 28, 2008
Court: US District Court for the District of South Carolina
Office: Civil Rights: Jobs Office
County: Pickens
Presiding Judge: Henry F Floyd
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 12117
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 13, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 13, 2010 Filing 71 STIPULATION of Dismissal With Prejudice by Champion Aerospace Inc, Misty Eichelberger. (Foster, William)
April 28, 2010 Opinion or Order Filing 70 ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable Henry F Floyd on 4/28/2010. (alew, )
March 16, 2010 Filing 66 TEXT ORDER granting without opposition #60 Motion to Substitute Party. Misty Eichelberger added. Robert Eichelberger terminated. Signed by Honorable Henry F Floyd on 3/16/2010.(alew, )
March 2, 2010 Filing 65 CERTIFICATE OF CONSULTATION byRobert Eichelberger re #60 MOTION to Substitute Party and name the Estate of Robert Eichelberger. (Arnold, Brian)
February 27, 2010 Filing 63 Withdrawal of Motions: #61 MOTION for Extension of Time to Complete Discovery to Allow Plaintiff additional Time to Name Two Experts filed by Robert Eichelberger.. (Arnold, Brian)
February 26, 2010 Filing 61 MOTION for Extension of Time to Complete Discovery to Allow Plaintiff additional Time to Name Two Experts by Robert Eichelberger. Response to Motion due by 3/15/2010 No proposed order(Arnold, Brian)
February 26, 2010 Filing 60 MOTION to Substitute Party and name the Estate of Robert Eichelberger by Robert Eichelberger. Response to Motion due by 3/15/2010 No proposed order(Arnold, Brian)
January 26, 2010 Filing 59 TEXT ORDER granting #58 Motion to Appear Pro Hac Vice as to Diane P Chapman for Champion Aerospace Inc. Signed by Honorable Henry F Floyd on 1/26/2010.(alew, ) Modified on 1/27/2010 to edit text(alew, ).
January 25, 2010 Filing 58 MOTION to Appear Pro Hac Vice by Diane P. Chapman ( Filing fee $ 250 receipt number 0420-2512815) by Champion Aerospace Inc. Response to Motion due by 2/11/2010 (Attachments: #1 Application/Affidavit for Pro Hac Vice Admission with Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Foster, William) Modified on 1/25/2010 to edit text (alew, ).
January 11, 2010 Opinion or Order Filing 54 ORDER adopting Report and Recommendations re #50 Report and Recommendations.; denying #36 Motion for Summary Judgment. Signed by Honorable Henry F Floyd on 1/11/2010.(alew, )
January 8, 2010 Filing 52 REPLY by Robert Eichelberger to #51 Objection to Report and Recommendations. (Arnold, Brian)
January 8, 2010 Filing 51 OBJECTION to #50 Report and Recommendations by Champion Aerospace Inc. (Attachments: #1 Exhibit 1 Jack Gross, Petitioner v FBL Financial Services, Inc, #2 Exhibit 2 Richard Smith, Jermone Williams, Appellants v American National Red Cross, Appellee, #3 Exhibit 3 Adele Striss, Plaintiff v John E Potter, Defendant)(Foster, William) Modified on 1/11/2010: to add descriptions to exhibits (kmca).
December 22, 2009 Filing 50 REPORT AND RECOMMENDATIONS that #36 MOTION for Summary Judgment filed by Champion Aerospace Inc be denied. Objections to R&R due by 1/8/2010. Signed by Magistrate Judge Bruce Howe Hendricks on 12/22/09. (jtho, )
August 12, 2009 Filing 48 TEXT ORDER (by consent of the parties) staying all deadlines in this action pending the Court's ruling on the pending motion for summary judgment. Signed by Honorable Henry F Floyd on August 12, 2009. (jbro)
April 16, 2009 Filing 41 SUR REPLY to REPLY to Response to Motion re #36 MOTION for Summary Judgment Response filed by Robert Eichelberger. (Arnold, Brian)
April 16, 2009 Filing 40 REPLY to Response to Motion re #36 MOTION for Summary Judgment Response filed by Champion Aerospace Inc. (Furhang, Wendy) (jtho, ). Modified on 4/17/2009 (jtho, )to replace document with corrected signature as provided by filing user.
April 13, 2009 Filing 37 DELETION OF ENTRY NUMBER 32 Reason: Exhibits not described Corrected Filing Document Number #36 Modified filing date to that of original filing: 4/10/2009 Response due date modified to that of original filing: 4/30/2009 (sjam, )
April 13, 2009 Filing 34 RESPONSE in Opposition re #36 MOTION for Summary Judgment Response filed by Robert Eichelberger.Reply to Response to Motion due by 4/23/2009 (Attachments: #1 Affidavit Plaintiff's Affidavit, #2 Original Job Posting, #3 Plaintiff's Wife's Affidavit, #4 E-mail from Jason Kelley to Plaintiff, #5 Jason Kelley Deposition, #6 Other Applican'ts Resumes, #7 Harv Rettburg Deposition, #8 Def. Discovery Responses, #9 Defendant's "New" Job Posting, #10 Application of Younger Male hired by Def., #11 Recruiter's E-mail to Def; PL. EEOC Charge)(Arnold, Brian) Modified on 4/13/2009 to link correct event to associated event(sjam).
April 10, 2009 Filing 36 MOTION for Summary Judgment by Champion Aerospace Inc. Response to Motion due by 5/1/2009 (Attachments: #1 Memo in Support of Motion for Summary Judgment, #2 Index of Exhibits in Support, #3 Exhibit A: Eichelberger Deposition Excerpts, #4 Exhibit A-1: Eichelberger Dep. Ex. 4, #5 Exhibit A-2: Eichelberger Dep. Ex. 5, #6 Exhibit A-3: Eichelberger Dep. Ex. 6, #7 Exhibit B: Kelley Deposition Excerpts, #8 Exhibit B-1: Kelley Dep. Ex. 1, #9 Exhibit C: Rettberg Deposition Excerpts, #10 Exhibit C-1: Rettberg Dep. Ex. 1, #11 Exhibit D: Kelley Declaration, #12 Exhibit E: Rettberg Declaration, #13 Exhibit F: Marlin Declaration with Exhibits, #14 Exhibit G: McDonald Declaration, #15 Exhibit H: Unreported Case: Smith v. American Nat'l Red Cross)No proposed orderMotions referred to Bruce Howe Hendricks.(Furhang, Wendy) Modified on 4/13/2009 (sjam, )filing date.
March 27, 2009 Filing 30 ADR STATEMENT/CERTIFICATION by Robert Eichelberger and Champion Aerospace, Inc.(Arnold, Brian) Modified on 3/30/2009 (jtho, )to add filers listed on document.
February 26, 2009 Filing 29 AFFIDAVIT of Records Custodian by Champion Aerospace Inc by Champion Aerospace Inc. (Attachments: #1 Declaration of Records Custodian Jason Kelley, #2 Records Custodian Declaration of Hope Bozec)(Foster, William)
October 7, 2008 Opinion or Order Filing 26 ORDER that Mediation Due by 3/28/2009. Signed by Magistrate Judge Bruce Howe Hendricks on 10/7/08. (jtho, )
October 7, 2008 Opinion or Order Filing 25 CONSENT AMENDED SCHEDULING ORDER: Amended Pleadings due by 10/28/2008, Plaintiffs ID of Expert Witness due by 4/10/2009, Defendants ID of Expert Witnesses Due by 5/11/2009, Non-expert discovery due by 3/26/09, Records Custodian Affidavit due by 2/27/2009, Discovery due by 6/26/2009, Motion in Limine due by 9/4/2009, Motions due by 4/10/2009, Rule 26(a)(3) Disclosures due by 9/4/2009, Pretrial Briefs due by 10/2/2009, Jury Selection Deadline 10/9/2009, Mediation Due by 3/28/2009, Daubert Motions due on or before 7/30/09. Signed by Magistrate Judge Bruce Howe Hendricks on 10/7/08. (jtho, )
October 7, 2008 Filing 24 ENTRY 20 DELETED. Corrected Filing Document Number: 23. Modified filing date to that of original filing: 10/3/08. Reason for Deletion: scanned image; proposed order attached. (jtho, )
October 3, 2008 Filing 23 Joint Rule 26(f) Report by Robert Eichelberger, Champion Aerospace Inc. (Attachments: #1 LR 26.03 Answers)(Foster, William) Modified on 10/7/2008 (jtho, )to correct filing date.
September 5, 2008 Filing 17 Local Rule 26.01 Answers to Interrogatories by Robert Eichelberger.(Arnold, Brian)
September 5, 2008 Filing 16 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Pickens County. (Attachments: #1 Exhibit Acknowdedgement of Removal)(Furhang, Wendy)
September 3, 2008 Opinion or Order Filing 15 ORDER granting #8 Motion for attorney Todd Howard Lebowitz to Appear Pro Hac Vice for defendant Champion Aerospace, Inc. Signed by Magistrate Judge Bruce Howe Hendricks on 9/3/08.(jtho, )
September 2, 2008 Opinion or Order Filing 12 ORDER that Mediation Due by 5/11/2009. Signed by Honorable Henry F. Floyd on 9/2/08. (jtho, )
September 2, 2008 Opinion or Order Filing 11 SCHEDULING ORDER: Rule 26(f) Conference Deadline 9/22/2008, 26(a) Initial Disclosures due by 10/6/2008, Rule 26 Report due by 10/6/2008, Amended Pleadings due by 10/28/2008, Plaintiffs ID of Expert Witness due by 11/27/2008, Defendants ID of Expert Witnesses Due by 12/29/2008, Records Custodian Affidavit due by 12/29/2008, Discovery due by 2/25/2009, Motion in Limine due by 6/17/2009, Motions due by 3/12/2009, Rule 26(a)(3) Disclosures due by 5/26/2009, Pretrial Briefs due by 7/1/2009, Jury Selection Deadline 7/8/2009, Mediation Due by 5/11/2009. Signed by Honorable Henry F. Floyd on 9/2/08. (jtho, )
August 29, 2008 Filing 10 Case Reassigned to Judge Honorable Henry F. Floyd. Judge Honorable R Bryan Harwell no longer assigned to the case. (glev, )
August 29, 2008 Filing 8 MOTION to Appear Pro Hac Vice by Todd Howard Lebowitz ( Filing fee $ 250 receipt number 04200000000001686334) by Champion Aerospace Inc. Response to Motion due by 9/16/2008. Proposed order is being emailed to chambers with copy to opposing counsel(Foster, William) (Additional attachment(s) added on 9/2/2008: #1 Application) (jtho, ). Modified on 9/2/2008 (jtho, )to replace incorrect document with correct document as provided by filing user.
August 29, 2008 Filing 7 Local Rule 26.01 Answers to Interrogatories by Champion Aerospace Inc.(Foster, William)
August 29, 2008 Filing 6 ANSWER to Complaint by Champion Aerospace Inc.(Foster, William)
August 29, 2008 Opinion or Order Filing 5 SCHEDULING ORDER: Rule 26(f) Conference Deadline 9/18/2008, 26(a) Initial Disclosures due by 10/2/2008, Rule 26 Report due by 10/2/2008, Amended Pleadings due by 11/26/2008, Plaintiffs ID of Expert Witness due by 12/26/2008, Defendants ID of Expert Witnesses Due by 1/26/2009, Records Custodian Affidavit due by 1/26/2009, Discovery due by 3/26/2009, Motion in Limine due by 7/13/2009, Motions due by 4/10/2009, Rule 26(a)(3) Disclosures due by 6/24/2009, Pretrial Briefs due by 7/27/2009, Jury Selection Deadline 8/3/2009, Mediation Due by 6/9/2009. Signed by Honorable R Bryan Harwell on 8/29/08. (jtho, )
August 28, 2008 Filing 1 NOTICE OF REMOVAL (Filing fee $ 350 receipt number 1683250), filed by Champion Aerospace Inc. (Attachments: #1 State Court Documents)(jtho, )

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Plaintiff: Misty Eichelberger
Represented By: Brian E Arnold
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Plaintiff: Robert Eichelberger
Represented By: Brian E Arnold
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Defendant: Champion Aerospace Inc
Represented By: Todd Howard Lebowitz
Represented By: Diane P Chapman
Represented By: Wendy L Furhang
Represented By: William H Foster, III
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