Bertrand v. Yellow Transportation et al
| Joseph B. Bertrand |
| Yellow Transportation, Inc., Larry Briney, Carl Hastings, Keith Dailey and Local Union 480 Teamsters Freight Employees International Brotherhood of Teamsters |
| 3:2008cv01123 |
| November 21, 2008 |
| US District Court for the Middle District of Tennessee |
| Civil Rights: Jobs Office |
| Davidson |
| Robert Echols |
| E. Clifton Knowles |
| Plaintiff |
| Federal Question |
| 42:2000e Job Discrimination (Employment) |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
453
ORDER: The Court has reviewed the Report and Recommendation, the Objections, and the file. The Objections of the Plaintiff are overruled,1 and the Report and Recommendation is adopted and approved. Accordingly, Defendants' Motion to Dismiss [408 ] is GRANTED, and this action is DISMISSED. Any pending Motions are denied as moot, and the Clerk is directed to close the file. The trial set for 1/25/2011, and the pretrial conference set for 1/10/2011, are canceled. This Order shall constitute the final judgment in this case pursuant to Fed. R. Civ. P. 58. Signed by Chief Judge Todd J. Campbell on 6/7/10. (xc:Pro se party by regular and certified mail.)(dt)
|
|
Filing
446
ORDER : Plaintiff's Motion File Objections 445 is Granted and Plaintiff shall file any Objections within fourteen (14) days after service of the Report and Recommendation upon him. In light of the pending Report and Recommendation, which was f iled after the Court's recent Order 442 had been signed but before it had been filed, no action shall be taken pursuant to the Court's prior Order 442 , pending the Courts ruling on the Report and Recommendation. Signed by Chief Judge Todd J. Campbell on 6/1/10. (xc:Pro se party by regular and certified mail.)(dt) Modified Text on 6/2/2010 (dt).
|
|
Filing
442
ORDER: Plaintiff's Motion for Reconsideration 360 is Denied. The Court finds that the Order of the Magistrate Judge is neither clearly erroneous nor contrary to law. Therefore, the Order of the Magistrate Judge 350 is AFFIRMED. The Court fi nds Plaintiff's objections to be without merit, and Plaintiff's Motion for de novo Reconsideration 364 is DENIED. The Court has reviewed Defendants' Motion, the Magistrate Judges Orders and the file. For the reasons stated within thi s order, Defendants' Motion 374 is GRANTED, and the Orders of the Magistrate Judge 352 and 349 are overruled to the extent they relate to this issue. The Magistrate Judges Order 349 is overruled, and Plaintiff's Motion for Protectiv e Order 163 is DENIED. Similarly, the Magistrate Judge's Order 352 is overruled with respect to Interrogatory No. 11, and Defendants' Motion to Compel 176 a response to that Interrogatory is GRANTED. By 6/30/2010, Plaintiff shall exe cute a medical release form authorizing Defendants to obtain copies of Plaintiff's medical records. Plaintiff's third Motion for De Novo Reconsideration 388 is DENIED, and the Order of the Magistrate Judge 383 is AFFIRMED. Defendants&# 039; Motion for Review 401 is GRANTED, the Magistrate Judge's Order 386 is overruled, and Plaintiff shall appear for his videotaped deposition without disguise, mask, artificial facial hair, wig, sunglasses or any other artificial covering of his face and head. The date of this deposition shall be set by the Magistrate Judge. Signed by Chief Judge Todd J. Campbell on 5/28/10. (dt)
|
|
Filing
438
ORDER: This case was referred to Judge Campbell by Order 432 on 5/19/2010. This case is referred to the Magistrate Judge for entry of a scheduling order. Discovery is not stayed absent further order of the Court. The pretrial conference scheduled for 9/20/2010, and the trial scheduled for 10/19/2010, are CANCELLED and will be rescheduled by Order filed simultaneously herewith. Signed by Chief Judge Todd J. Campbell on 5/27/10. (xc:Pro se party by regular and certified mail.)(dt)
|
|
Filing
432
ORDER OF RECUSAL. Senior Judge Robert Echols recused. Case reassigned to Chief Judge Todd J. Campbell for all further proceedings. Signed by Senior Judge Robert Echols on 5/19/10. (dt)
|
|
Filing
383
ORDER: For the reasons stated within this order, the Motion for Sanctions 203 is Denied. Signed by Magistrate Judge E. Clifton Knowles on 3/29/10. (dt)
|
|
Filing
314
ORDER: For the reasons stated within this order, Defendants' Motions for Protective Order 125 & 127 are Granted. Signed by Magistrate Judge E. Clifton Knowles on 2/10/10. (dt)
|
|
Filing
180
ORDER: For the reasons explained in the accompanying Memorandum, the Court hereby enters the following rulings: The Report and Recommendation of the Magistrate Judge 138 is hereby ACCEPTED and APPROVED and Plaintiff's Objections thereto 146 are hereby OVERRULED. The Report and Recommendation of the Magistrate Judge 139 is hereby ACCEPTED and APPROVED and Plaintiff's Objections thereto 140 are hereby OVERRULED. "Defendant Yellow Transportation, Inc., Larry Birney, Carl Hast ings and Keith Dailey's Motion to Dismiss, In Part, Plaintiff's Amended Complaint" 43 is hereby GRANTED and the following claims against those Defendants are hereby DISMISSED as stated within this order. Defendant Teamsters Local 480 's Motion to Dismiss 61 is hereby GRANTED and the following claims against the Union Defendants are hereby DISMISSED. Plaintiff's Motion for Extension of time to File Response 144 is hereby DENIED AS MOOT. Plaintiff's Motion for Co mpensation 147 is hereby DENIED. Defendants' Motion for Leave to Respond to Plaintiff's Notice of Filing 172 is hereby DENIED. This action is hereby returned to the Magistrate Judge for further pretrial management in accordance with the previously entered Order of reference 37 . Signed by Senior Judge Robert Echols on 9/30/09. (cc: pltf by reg. & cert. mail) (dt) Modified Text on 10/1/2009 (dt).
|
|
Filing
139
REPORT AND RECOMMENDATION: Magistrate Judge Knowles Recommends that Defendant Union's "Motion to Dismiss" 61 be GRANTED IN PART, and that the following claims of Plaintiff against the Union be DISMISSED: (1) Plaintiff's claims u nder the Equal Protection Clause of the Fourteenth Amendment and 42 U.S.C. § 1983; (2) Plaintiff's claims under Title VI of the Civil Rights Act and Title IX of the Education Amendment; (3) Plaintiff's claims under Title X of the Civil Rights Act and DOT Regulation 49 CFR Part 40; (4) Plaintiff's claims of sex discrimination under Title VII and the THRA, as well as any possible claims for sexual harassment and retaliation under Title VII and/or the THRA; (5) Plaintiff's claims for defamation; (6) Plaintiff's claims for intentional infliction of emotional distress; and (7) Plaintiff's claims under 29 U.S.C. § 185. To the extent that the Motion seeks a dismissal of claims against David Mottern, the Motion should be DENIED AS MOOT. Signed by Magistrate Judge E. Clifton Knowles on 8/14/09. (cc: pltf by reg. & cert. mail)(dt)
|
|
Filing
124
ORDER: For the foregoing reasons, this Motion to Permit Discovery by Interrogatories to Parties With Depositions by Oral Examination or Depositions by Written Questions 116 is Denied as Moot. Signed by Magistrate Judge E. Clifton Knowles on 7/7/09. (dt)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Tennessee Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
