Fleming v. Johnson
| Charles K. Fleming |
| Bill Johnson |
| 3:2021cv00283 |
| August 6, 2021 |
| US District Court for the Eastern District of Tennessee |
| Katherine A Crytzer |
| H Bruce Guyton |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 |
| None |
Docket Report
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This docket was last retrieved on December 16, 2022. A more recent docket listing may be available from PACER.
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| Filing 42 NOTICE by Charles K. Fleming Plaintiff's Initial Disclosures (Loder, Lee) |
| Filing 41 NOTICE by Bill Johnson Defendant's Initial Disclosures (Belk, Lamont) |
Filing 40
SCHEDULING ORDER: Bench Trial set for 2/7/2023 09:00 AM in Courtroom 3C - Knoxville before District Judge Katherine A Crytzer. Final Pretrial Conference set for 1/23/2023 10:00 AM in Courtroom 3C - Knoxville before District Judge Katherine A Crytzer.Signed by District Judge Katherine A Crytzer on 9/24/21. (ABF)
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| Filing 39 NOTICE OF NONCONSENT by Bill Johnson (Belk, Lamont) (Main Document 39 replaced on 9/22/2021 with the flattened PDF) (ABF). |
| NOTICE OF FAILURE TO FILE Consent/Non-Consent to Magistrate Judge as required by prior court order (ABF) |
| Filing 38 PROPOSED PRETRIAL ORDER Parties' Proposed Scheduling Order by Bill Johnson. (Belk, Lamont) |
| Filing 37 REPORT of Rule 26(f) Planning Meeting. (Belk, Lamont) |
| Filing 36 ANSWER to #1 Complaint by Bill Johnson.(Belk, Lamont) |
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Filing 35
ORDER granting #29 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge H. Bruce Guyton on 8/13/2021. (This entry constitutes the complete Order of the Court). (AGA)
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Filing 34
ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Katherine A Crytzer on August 6, 2021. (Attachments: #1 Consent/Non-Consent Form) (SAC)Mailed to Attorneys Anderson and Loder.
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| Filing 33 Administrative Notice to Counsel Courteney Barnes-Anderson re ECF registration, requirements due by 8/11/2021. (SAC)Mailed to Attorney Barnes-Anderson. |
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Filing 32
Order Governing Sealing Confidential Information.Signed by District Judge Katherine A Crytzer on August 6, 2021. (SAC)
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Filing 31
Order Governing Motions To Dismiss.Signed by District Judge Katherine A Crytzer on August 6, 2021. (SAC)
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Filing 30
Order Governing Depositions.Signed by District Judge Katherine A Crytzer on August 6, 2021. (SAC)
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| Filing 29 MOTION for Leave to Appear Pro Hac Vice,Filing fee $ 90, paid, receipt no. C1018504, by Charles K. Fleming. (Attachments: #1 Cover Letter and Envelope)(SAC) |
| Filing 28 Case transferred in from District of Alabama Northern; Case Number 5:20-cv-01940. |
| Court Doc Nos. 30, 31, 32 mailed to Attorneys Loder and Barnes-Anderson. (SAC) |
| Clerk's Verification of PHV Requirements is complete regarding document: #29 MOTION for Leave to Appear Pro Hac Vice filed by Attorney Lee Loder as to Charles K. Fleming (SAC) |
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Filing 27
ORDER transferring case to Eastern District of Tennessee; original electronic record and certified copy of docket entries will be sent to Clerk of Court 10 business days from this date. Signed by Judge Abdul K Kallon on 07/26/2021. (AKD) [Transferred from Alabama Northern on 8/6/2021.]
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| Filing 26 MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 07/26/2021. (AKD) [Transferred from Alabama Northern on 8/6/2021.] |
| Filing 25 REPLY to in Support of TVA's Supplemental Brief filed by Bill Johnson. (Belk, Lamont) [Transferred from Alabama Northern on 8/6/2021.] |
| Filing 24 RESPONSE in Opposition re #13 MOTION to Dismiss filed by Charles K. Fleming. (Loder, Lee) [Transferred from Alabama Northern on 8/6/2021.] |
| Filing 23 NOTICE by Bill Johnson re #22 Brief,, Notice of Filing Exhibit No. 8 (Attachments: #1 Exhibit No. 8 - TOC-TVA-2016-0098)(Belk, Lamont) [Transferred from Alabama Northern on 8/6/2021.] |
| Filing 22 Brief Supplemental Brief in Support of TVA's Motion to Dismiss filed by Bill Johnson. (Attachments: #1 Exhibit No. 1 - EOC Counselor's Report - TVA-2016-0042, #2 Exhibit No. 2 - Formal Complaint - TVA-2016-0042, #3 Exhibit No. 3 - Acceptance Letter - TVA-2016-0042, #4 Exhibit No. 4 - TOC - TVA-2016-0042, #5 Exhibit No. 5 - EOC Counselor's Report - TVA-2016-0098, #6 Exhibit No. 6 - Formal Complaint - TVA-2016-0098, #7 Exhibit No. 7 - Acceptance Letter - TVA-2016-0098)(Belk, Lamont) [Transferred from Alabama Northern on 8/6/2021.] |
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Filing 21
ORDER re #13 MOTION to Dismiss filed by Bill Johnson; As stated in open court, the defendant is correct that the plaintiff cannot challenge his employment under 42 U.S.C. 1981 and 1982. Employees of the TVA are federal employees. Therefore, Counts II and III are DISMISSED. The defendants brief is due on May 24, 2021, the plaintiffs response is due on June 11, 2021, and the defendants reply, if any, is due on June 16, 2021. Initial briefs are limited to 12 pages and the reply is limited to 5 pages. Signed by Judge Abdul K Kallon on 05/06/2021. (AKD) [Transferred from Alabama Northern on 8/6/2021.]
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| Minute Entry for proceedings held before Judge Abdul K Kallon: Motion Hearing held on 5/6/2021 re #13 MOTION to Dismiss filed by Bill Johnson. Briefing schedule order to be entered by the court. (Court Reporter Sabrina Lewis) (KSS) [Transferred from Alabama Northern on 8/6/2021.] |
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Filing 20
ORDER-The plaintiffs motion for entry of default, #8 and #9 and his motion to strike the defendants notice, #11 are DENIED as MOOT as the defendant has appeared and filed a responsive pleading in this case, #13 . The defendant motion to dismiss, #13 , is SET for a hearing by video conference at 10:00 a.m.on May 6, 2021. The court will send the video conference information to theparties following entry of this order. Signed by Judge Abdul K Kallon on 04/29/2021. (AKD) [Transferred from Alabama Northern on 8/6/2021.]
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| Filing 19 NOTICE OF REASSIGNMENT: The parties having not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, this action has been randomly reassigned to the Honorable Abdul K. Kallon. Please use case number 5:20-cv-1940-AKK on all subsequent pleadings.Magistrate Judge Herman N Johnson, Jr. is no longer assigned to the case. (BJL) [Transferred from Alabama Northern on 8/6/2021.] |
| Minute Entry for proceedings held before Magistrate Judge Herman N Johnson, Jr: Telephone Conference held on 4/8/2021. (SHB, ) [Transferred from Alabama Northern on 8/6/2021.] |
| Filing 18 RESPONSE in Support re #13 MOTION to Dismiss filed by Bill Johnson. (Belk, Lamont) [Transferred from Alabama Northern on 8/6/2021.] |
| Filing 17 RESPONSE in Opposition re #13 MOTION to Dismiss filed by Charles K. Fleming. (Loder, Lee) [Transferred from Alabama Northern on 8/6/2021.] |
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Filing 16
ORDER: the parties are hereby notified that, unless they unanimously consent to the exercise of dispositive jurisdiction by a magistrate judge by no later than April 22, 2021, the case will be reassigned to a randomly-drawn district judge for all purposes. Signed by Magistrate Judge Herman N Johnson, Jr on 3/9/21. (BJL) [Transferred from Alabama Northern on 8/6/2021.]
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Filing 15
ORDER: The court SETS a telephone status conference for 9:30 a.m. on Thursday, April 8, 2021. Signed by Magistrate Judge Herman N Johnson, Jr on 3/9/21. (BJL) [Transferred from Alabama Northern on 8/6/2021.]
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Filing 14
ORDER: Defendant filed a Motion to Dismiss. Plaintiff shall file responses to Defendant's motion within 14 days from the entry date of this order. Defendant shall file any reply within 7 days thereafter. Signed by Magistrate Judge Herman N Johnson, Jr on 3/9/21. (BJL) [Transferred from Alabama Northern on 8/6/2021.]
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| Filing 13 MOTION to Dismiss by Bill Johnson. (Attachments: #1 Brief in Support of TVA's Motion to Dismiss)(Belk, Lamont) [Transferred from Alabama Northern on 8/6/2021.] |
| Filing 12 CERTIFICATE OF SERVICE by Charles K. Fleming re #1 Complaint , RETURN OF SERVICE by Charles K. Fleming (Loder, Lee) [Transferred from Alabama Northern on 8/6/2021.] |
| Filing 11 MOTION to Strike #10 Notice (Other),, & to Expedite Default by Charles K. Fleming. (Loder, Lee) [Transferred from Alabama Northern on 8/6/2021.] |
| Filing 10 NOTICE by Bill Johnson re #8 MOTION for Entry of Default & for Default Judgment Motion is RIPE 2/23/2021. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed, #9 MOTION for Entry of Default Amended Motion is RIPE 2/24/2021. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed (Belk, Lamont) [Transferred from Alabama Northern on 8/6/2021.] |
| Filing 9 MOTION for Entry of Default Amended Motion is RIPE 2/24/2021. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Charles K. Fleming. (Loder, Lee) [Transferred from Alabama Northern on 8/6/2021.] |
| Filing 8 MOTION for Entry of Default & for Default Judgment Motion is RIPE 2/23/2021. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Charles K. Fleming. (Loder, Lee) [Transferred from Alabama Northern on 8/6/2021.] |
| Filing 7 NOTICE by Charles K. Fleming re #1 Complaint Service on USA & USAG (Attachments: #1 Exhibit Certified Mailing Notices)(Loder, Lee) [Transferred from Alabama Northern on 8/6/2021.] |
| Filing 6 SUMMONS Returned Executed as to Bill Johnson with no delivery date given. (BJL) [Transferred from Alabama Northern on 8/6/2021.] |
| Filing 5 Summons Issued as to Bill Johnson by Clerk for service via certified mail. (BJL) [Transferred from Alabama Northern on 8/6/2021.] |
| Filing fee: $ 402, receipt number B4601110080 (BJL) [Transferred from Alabama Northern on 8/6/2021.] |
| Filing 4 NOTICE by Charles K. Fleming Notice of Right to Sue & Initial EEO Charge (Attachments: #1 Exhibit Right to Sue, #2 Exhibit Initial Charge)(Loder, Lee) [Transferred from Alabama Northern on 8/6/2021.] |
| Filing 3 Request for service by certified mail filed by Charles K. Fleming. (Loder, Lee) [Transferred from Alabama Northern on 8/6/2021.] |
| Filing 2 NOTICE OF CASE ASSIGNMENT to a United States Magistrate Judge for Trial. (BJL) [Transferred from Alabama Northern on 8/6/2021.] |
| Filing 1 COMPLAINT against Bill Johnson filed by Charles K. Fleming.(BJL) [Transferred from Alabama Northern on 8/6/2021.] |
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| Plaintiff: Charles K. Fleming | |
| Represented By: | Lee W Loder |
| Represented By: | Lee Wendell Loder |
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| Defendant: Bill Johnson | |
| Represented By: | Courteney Michelle Barnes-Anderson |
| Represented By: | Lamont A Belk |
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