Downs v. Shinseki
| Stephen A. Downs, Sr. |
| Eric K. Shinseki |
| 3:2010cv00661 |
| July 9, 2010 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| Aleta A. Trauger |
| Employment |
| 42 U.S.C. ยง 1981 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
99
ORDER ADOPTING REPORT AND RECOMMENDATIONS: Downs' Objections are OVERRULED and the Magistrate Judge's R&R is ACCEPTED and made the findings of fact and conclusions of law of this court. Downs' remaining claims are hereby DISMISSED WIT H PREJUDICE. Entry of this Memorandum & Order shall constitute judgement in the case. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 9/23/2013. (xc:Pro se party by electronic notification.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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Filing
95
REPORT AND RECOMMENDATION: For the reasons set out herein, the Court respectfully RECOMMENDS that the Defendant's motion for summary judgment (Docket Entry No. 72) be GRANTED and this action be DISMISSED WITH PREJUDICE. Signed by Magistrate Judge Juliet E. Griffin on 8/14/2013. (xc: Pro Se party by electronic notification)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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Filing
63
PRIVACY PROTECTIVE ORDER. Signed by Magistrate Judge Juliet E. Griffin on 10/25/12. (xc:Pro se party by electronic notification.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified Text on 10/25/2012 (dt).
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Filing
62
ORDER: Plaintiff's Motion to Compel and for discovery hearing 54 is DENIED. Motion for entry of a Privacy Protective Order 55 is GRANTED. By separate order, the Court has entered the Defendants proposed protective order. Motion for an extens ion of the scheduling order 59 is GRANTED IN PART AND DENIED IN PART. Dispositive Motions deadline reset for 11/9/2012. Signed by Magistrate Judge Juliet E. Griffin on 10/25/12. (xc:Pro se party by electronic notification.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified Text on 10/25/2012 (dt).
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Filing
43
ORDER ACCEPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATIONS: For the reasons expressed herein, the defendant's objections to the R&R are SUSTAINED IN PART and OVERRULED IN PART. Therefore, the Magistrate Judge's R&R is ACCEPTED IN PART and REJECTED IN PART. The plaintiff's Motion for Leave to Amend (Docket No. 32 ) is DENIED. The defendant's Motion to Dismiss the Second Amended Complaint (Docket No. 26 ) is GRANTED IN PART and DENIED IN PART. Count I of the Sec ond Amended Complaint is hereby DISMISSED WITHOUT PREJUDICE. All claims asserted under § 1981 are hereby DISMISSED WITH PREJUDICE. No other challenged claims will be dismissed at this stage. This ruling is made without prejudice to the defendant 's filing a properly supported Motion for Summary Judgment at the appropriate time that includes the affirmative defense of failure to exhaust administrative remedies as to the remaining claims. The defendant is hereby ORDERED to file an answer to the Second Amended Complaint within thirty (30) days of entry of this order. This case shall be returned to the Magistrate Judge for further handling under the original referral order. It is so ORDERED. Enter this 21th day of March, 2012. Signed by District Judge Aleta A. Trauger on 3/21/2012. (xc:Pro se by ECF Notification)(eh)
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Filing
31
ORDER: Plaintiff's Motion to Ascertain Status 30 is Granted. Both motions remain pending before the Court and will be ruled on as expeditiously as possible. Signed by Magistrate Judge Juliet E. Griffin on 8/9/11. (dt) Modified text on 8/10/2011 (dt).
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Filing
25
MEMORANDUM AND ORDER: The 22 Report and Recommendation therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed, it is hereby ORDERED that the defendant's 18 Motion to Dismiss is DENIED IN PART. Only the plaintiff's claims under the ADA are DISMISSED WITH PREJUDICE. It is hereby ORDERED that the defendant shall respond to the second 24 Amended Complaint by May 6, 2011. This case is returned to the Magistrate Judge for further handling under the original referral Order. Signed by District Judge Aleta A. Trauger on 04/11/2011. (ab)
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Filing
22
REPORT AND RECOMMENDATION that Defendant's 18 MOTION to Dismiss be: 1) DENIED to the extent that the defendant seeks dismissal of the plaintiff's claims under 42 U.S.C. § 1981, the ADEA, Title VII and the Rehabilitation Act; and 2) b e GRANTED as to all other claims. The Court further RECOMMENDS that the defendant be required to answer the plaintiff's complaint and amended complaint. ANY OBJECTIONS to this Report and Recommendation must be filed with the Clerk of Court within fourteen (14) days of service of this notice and must state with particularity the specific portions of this Report and Recommendation to which objection is made. Signed by Magistrate Judge Juliet E. Griffin on 03/14/2011. (ab)
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| Plaintiff: Stephen A. Downs, Sr. | |
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| Defendant: Eric K. Shinseki | |
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