Whitfield v. State of Tennessee Department of Mental Health & Development Disabilities et al
| Jessica Whitfield |
| State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts and Tennessee, State of |
| 3:2008cv01010 |
| October 14, 2008 |
| US District Court for the Middle District of Tennessee |
| Civil Rights: Americans with Disabilities - Employment Office |
| Dickson |
| Robert Echols |
| E Clifton Knowles |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 27, 2011. A more recent docket listing may be available from PACER.
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| Filing 45 MANDATE of USCA as to #42 Notice of Appeal filed by Jessica Whitfield. (Attachments: #1 Cover Letter)(ab) |
| Filing 44 USCA OPINION/JUDGMENT as to #42 Notice of Appeal filed by Jessica Whitfield: The judgment of the district court is AFFIRMED. (Mandate to issue) (Attachments: #1 Cover Letter)(ab) |
| Filing 43 RECEIPT #34675-10297 in the amount of $455.00 re #42 Notice of Appeal. (ab) Modified on 1/12/2010 (ab). |
| USCA Case Number 09-6488, Case Mgr. Mary Patterson for #42 Notice of Appeal filed by Jessica Whitfield. (km) |
| Bar status for attorney Lynn Agee, TN verified as active this date. (km) |
| Filing 42 NOTICE OF APPEAL as to #41 Order Dismissing Case, by Jessica Whitfield. (Agee, Lynn) |
Filing 41
ORDER: In accordance with the Memorandum entered contemporaneously herewith, Defendants #23 Motion For Summary Judgment is hereby GRANTED. This case is hereby DISMISSED WITH PREJUDICE. Entry of this Order on the docket shall constitute entry of final judgment in accordance with Federal Rules of Civil Procedure 58 and 79(a). Signed by Senior Judge Robert Echols on 11/16/09. (ab)
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| Filing 40 MEMORANDUM of the Court signed by Senior Judge Robert Echols on 11/16/09. (ab) |
| Filing 39 MOTION to Continue the Pretrial Conference by State of Tennessee, State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts. (Markham, Michael) |
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Filing 38
ORDER: Jury Trial set for 1/12/2010 09:00 AM with the Final Pretrial Conference set for 12/14/2009 02:30 PM in Courtroom 874 before Senior Judge Robert Echols; Proposed Pretrial Order due by 12/9/2009; Motions in limine due by 11/30/2009. Signed by Senior Judge Robert Echols on 11/13/09. (ab)
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Filing 37
ORDER granting #35 Motion to Amend Reply. The Clerk is directed to strike Docket Entry No. 33-2 and 33-3 and note on the docket that these attachments have been replaced with Docket Entry No. 36-1 and 36-2. Signed by Senior Judge Robert Echols on 11/06/09. (ab)
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| Filing 36 MEMORANDUM in Support of #35 MOTION to Amend/Correct Defendants' #33 REPLY to Replace previously Filed Documents with Redacted versions filed by State of Tennessee, State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts. (Attachments: #1 Exhibit #3 job performance review of Jessica Whitfield dated 01/11/99, #2 Exhibit #4 job performance review of Jessica Whitfield dated 03/07/02)(Markham, Michael) Modified text on 10/27/2009 (ab). |
| Filing 35 MOTION to Amend/Correct Defendants' #33 REPLY to Replace previously Filed Documents with Redacted versions by State of Tennessee, State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts. (Markham, Michael) Modified text on 10/27/2009 (ab). |
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Filing 34
ORDER denying #22 Motion to Ascertain Status of Case. Signed by Senior Judge Robert Echols on 10/26/2009. (ab)
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| URGENT NOTICE TO COUNSEL Michael Markham, Tennessee Attorney General's Office: DE 33, REPLY to Response to Motion for Summary Judgment, has attachments that contain personal identifiers (i.e. SSNs). These documents have been restricted for court use only. Counsel shall file a Motion to Seal, a Motion to Replace with Redacted Versions, or some other filing to rectify this matter. Counsel shall adhere to the Privacy Notice on the login page to ECF which states: IMPORTANT PRIVACY NOTICE: Persons filing documents in the Federal Court Case Management / Electronic Case Filing System (CM/ECF) are required by Federal Rule of Civil Procedure 5.2 and Federal Rule of Criminal Procedure 49.1 and the policy of the Judicial Conference of the United States to redact certain confidential information from publicly filed documents. Failure to redact the required information could result in action against the filer. For specific information on the types of information that must be redacted, please review the Federal Rules and the Judicial Conference policy available on-line at http://www.privacy.uscourts.gov. (af) |
| Filing 33 REPLY to Response to Motion re #23 MOTION for Summary Judgment Reply to Plaintiff's Response to Defendants' Motion for Summary Judgment filed by State of Tennessee, State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts. (Attachments: #1 Excerpts pp. 23-25 from the Plaintiff's Deposition, # 2 Exhibit 3 from the Plaintiff's Deposition, # 3 Exhibit 4 from the Plaintiff's Deposition)(Markham, Michael) (Exh 2 and 3 Stricken, see #36 for redacted replacements) Modified text on 11/6/2009 (ab). |
| Filing 32 REPLY filed by Jessica Whitfield re #26 Statement of facts filed by State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts, State of Tennessee. (Attachments: #1 Exhibit Whitfield depo pages, #2 Exhibit Whitfield depo pages 1, #3 Exhibit Whitfield depo 2, #4 Exhibit Whitfield exhibits, #5 Exhibit Brooks depo, #6 Exhibit Clinton depo, #7 Exhibit Duncan depo, #8 Exhibit Gallina depo, #9 Exhibit Young depo, #10 Exhibit Headrick depo)(Owens, Michelle) |
| Filing 31 RESPONSE to Motion re #23 MOTION for Summary Judgment filed by Jessica Whitfield. (Attachments: #1 Exhibit Whitfield depo pages part 1, #2 Exhibit Whitfield depo pages part 2, #3 Exhibit Whitfield depo exhibits, #4 Exhibit Headrick depo pages, #5 Exhibit Clinton depo pages, #6 Exhibit Young depo pages, #7 Exhibit Duncan depo pages)(Owens, Michelle) |
| Filing 30 NOTICE of Filing by State of Tennessee, State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts re #24 Memorandum in Support (Attachments: #1 Attachments 1: Plaintiff's Deposition Excerpts Part 1, #2 Attachment 2: Plaintiff's Deposition Excerpts 2, #3 Attachment 3: Exhibit 5 from Plaintiff's deposition, #4 Attachment 4: Exhibit 6 to Plaintiff's deposition, #5 Attachment 5: Exhibit 7 to Plaintiff's deposition, #6 Attachment 6: Exhibit 8 to Plaintiff's deposition, #7 Attachment 7: Exhibit 12 to Plaintiff's deposition, #8 Attachment 8: Exhibit 13 to Plaintiff's deposition, #9 Attachment 9: Exhibit 14 to Plaintiff's deposition, #10 Attachment 10: Exhibit 15 to Plaintiff's deposition, #11 Attachment 11: Exhibit 16 to Plaintiff's deposition, #12 Attachment 12: Exhibits 17-22 and 24 of Plaintiff's deposition, #13 Attachment 13: Cynthia Headrick Deposition excerpts, #14 Attachment 14: Amber Gallina Deposition Excerpts, #15 Attachment 15: Gina Young Deposition Excerpts, #16 Attachment 16: Anthony Clinton Deposition Excerpts, #17 Attachment 17: Alfie Duncan Deposition Excerpts, #18 Attachment 18: Ann Turner Brooks Deposition Excerpts, #19 Attachment 19: Exhibit 1 to Ann Brooks' Deposition)(Markham, Michael) |
| Filing 29 AFFIDAVIT re #24 Memorandum in Support Affidavit Cynthia Headrick by State of Tennessee, State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts. (Markham, Michael) |
| Filing 28 AFFIDAVIT re #24 Memorandum in Support Affidavit of Heather Gunderson by State of Tennessee, State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts. (Markham, Michael) |
| Filing 27 AFFIDAVIT re #24 Memorandum in Support Affidavit of Ann Turner Brooks by State of Tennessee, State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts. (Markham, Michael) |
| Filing 26 STATEMENT of Undisputed Facts filed by State of Tennessee, State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts in support of #24 Memorandum in Support. (Markham, Michael) Modified text on 9/15/2009 (ab). |
| Filing 25 AFFIDAVIT re #24 Memorandum in Support Affidavit of Gina Young by State of Tennessee, State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts. (Markham, Michael) |
| Filing 24 MEMORANDUM in Support of #23 MOTION for Summary Judgment filed by State of Tennessee, State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts. (Markham, Michael) |
| Filing 23 MOTION for Summary Judgment by State of Tennessee, State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts. (Markham, Michael) |
| Filing 22 MOTION to Ascertain Status of Case by State of Tennessee, State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts. (Markham, Michael) |
| Filing 21 RESPONSE in Opposition re #11 MOTION to Dismiss and def'endants' reply filed by Jessica Whitfield. (Attachments: #1 Supplement unreported case)(Owens, Michelle) |
| Filing 20 REPLY to Response to Motion re #11 MOTION to Dismiss filed by State of Tennessee, State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts. (Attachments: #1 Westlaw case cite McKibben v. Hamilton County)(Markham, Michael) |
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Filing 19
ORDER: The Parties are in agreement on the issue presented in Deft's #11 Motion to dismiss monetary damages from the State. Deft's #11 Motion is GRANTED. Any claim made by Pltf for monetary damages under Title I of the ADA is hereby DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. This case is hereby returned to the Magistrate Judge for further case management. Signed by Senior Judge Robert Echols on 01/06/09. (ab)
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| Filing 18 AMENDED COMPLAINT against State of Tennessee, State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts, filed by Jessica Whitfield. (Attachments: #1 Exhibit A, #2 Exhibit B)(ab) |
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Filing 17
ORDER granting #14 Motion for Leave to File Amended Complaint. Signed by Magistrate Judge E. Clifton Knowles on 12/30/08. (ab)
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Filing 16
INITIAL CASE MANAGEMENT ORDER: Discovery due by 8/12/2009; Dispositive Motions due by 9/12/2009; Final Pretrial Conference set for 12/14/2009 02:30 PM with a Jury Trial set for 1/12/2010 09:00 AM in Courtroom 874 before Senior Judge Robert Echols. Signed by Magistrate Judge E. Clifton Knowles on 12/12/08. (ab)
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| Minute Entry for proceedings held before Magistrate Judge E. Clifton Knowles: Initial Case Management Conference held on 12/12/2008. Order to enter. (Tape #2008-29 MK.) (hv) |
| Filing 15 PROPOSED CASE MANAGEMENT ORDER filed by Jessica Whitfield. (Owens, Michelle) |
| Note to Filer re DE# 13 & 14 : This document is a scanned document; scanning should only be used for documents not created on your computer. This document does not need to be re-filed unless otherwise directed by the Court. (ab) |
| Filing 14 MOTION for Leave to to File Amended Complaint by Jessica Whitfield. (Attachments: #1 Amended Complaint, #2 Exhibit A to Amended Complaint, #3 Exhibit B to Amended Complaint)(Owens, Michelle) |
| Filing 13 RESPONSE to Motion re #11 MOTION to Dismiss filed by Jessica Whitfield. (Owens, Michelle) |
| Filing 12 MEMORANDUM in Support of #11 MOTION to Dismiss filed by State of Tennessee, State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts. (Markham, Michael) |
| Filing 11 MOTION to Dismiss by State of Tennessee, State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts. (Markham, Michael) |
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Filing 10
ORDER granting #9 MOTION to Continue. The Case Management Conference is reset for 12/12/2008 at 10:00 AM in Courtroom 661 before Magistrate Judge E. Clifton Knowles. Signed by Magistrate Judge E. Clifton Knowles on 12/02/08. (ab)
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| Bar status of Atty Markham of TN verified as active this date. (ab) |
| Filing 9 MOTION to Continue by State of Tennessee, State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts. (Markham, Michael) |
| Filing 8 NOTICE of Appearance by Michael Markham on behalf of State of Tennessee, State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts (Markham, Michael) |
| Filing 7 SUMMONS returned executed by Jessica Whitfield. State of Tennessee served on 10/28/2008. (Owens, Michelle) |
| Filing 6 SUMMONS returned executed by Jessica Whitfield. State of Tennessee Department of Mental Health & Development Disabilities served on 10/28/2008. (Owens, Michelle) |
| Filing 5 SUMMONS returned executed by Jessica Whitfield. Virginia Trotter Betts served on 10/28/2008. (Owens, Michelle) |
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Filing 4
ORDER: The Initial Case Managment in this action is set for 12/08/08 at 10:00 a.m. before the undersigned, as the Case Management Judge. The stay of discovery is hereby LIFTED. Signed by Magistrate Judge E. Clifton Knowles on 10/16/08. (ab)
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| Bar status for attorney Michelle Owens of TN verified as active on this date. (eh) |
| Filing 3 NOTICE of Initial Case Management Conference set for Monday 12/8/2008 at 10:00 AM in Courtroom 661 before Magistrate Judge E. Clifton Knowles. (eh) |
| Filing 2 NOTICE from USDC Clerk regarding Corporate Disclosure Statement requirement (eh) Modified on 10/15/2008 (eh). |
| Filing 1 COMPLAINT against State of Tennessee Department of Mental Health & Development Disabilities, Virginia Trotter Betts, filed by Jessica Whitfield. (filing fee paid $350) (summons issued) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Summons)(hr) |
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