Tinsley v. Caterpillar Financial Services Corporation
| Tinsley and Cindy R. Tinsley |
| Caterpillar Financial Services Corporation |
| 3:2016cv01350 |
| June 14, 2016 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| E Clifton Knowles |
| Kevin H Sharp |
| Aleta A Trauger |
| Civil Rights: Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 31, 2019. A more recent docket listing may be available from PACER.
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Filing 54
ORDER DISMISSING CASE: Comes now Plaintiff, Cindy Tinsley, by and through counsel, to state and acknowledge that all issues, controversy and claims between Plaintiff and Defendant, Caterpillar Financial Services Corporation, have been resolved and should be dismissed with prejudice. Accordingly, it is ORDERED, ADJUDGED AND DECREED that this case is hereby dismissed with prejudice with each party to bear their or its own attorneys fees and costs incurred in the litigation. Signed by District Judge Aleta A. Trauger on 10/31/2019. (mg)
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| Filing 53 PROPOSED ORDER OF DISMISSAL with Prejudice filed by Cindy R. Tinsley. (Parker, R.) |
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Filing 52
ORDER granting #50 Motion for Katherine F. Mendez to Appear Pro Hac Vice. Signed by Kirk L. Davies on 10/7/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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Filing 51
ORDER: The court has been notified that this case has settled. It is hereby ORDERED that a stipulation of dismissal or other settlement document shall be filed by October 27, 2019. The jury trial scheduled for October 29, 2019 and the pretrial conference scheduled for October 25, 2019 are CANCELLED. Signed by District Judge Aleta A. Trauger on 10/7/2019. (jm)
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| IL State Bar status verified as active for Katherine F. Mendez. (jm) |
| Filing 50 MOTION for attorney Katherine F. Mendez to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3004733) by Caterpillar Financial Services Corporation. (Attachments: #1 Attachment Certificate of Good Standing)(Mendez, Katherine) |
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Filing 49
TRIAL MANAGEMENT ORDER: Jury Trial set for 10/29/2019 at 09:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Exhibit List due by 10/22/2019. Witness List due by 10/22/2019. Pretrial Conference set for 10/25/2019 at 01:30 PM in Chambers 825 before District Judge Aleta A. Trauger. Proposed Pretrial Order due by 10/22/2019. Signed by District Judge Aleta A. Trauger on 6/18/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm) Modified on 6/19/2019 (jm).
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Filing 48
MEMORANDUM & ORDER: Pending before the court is a Motion for Summary Judgment filed by the defendant, Caterpillar Financial Services Corporation (CFS) (Docket No. #23 ). The motion was previously granted by the court (Docket No. #34 ). The Sixth Circuit Court of Appeals affirmed this court's grant of summary judgment to the defendant on the plaintiff's Americans with Disabilities Act failure to accommodate and forced retirement claims, but remanded the case for further consideration of her Family Medical Leave Act ("FMLA") retaliation claim. (Docket No. #40 .) The court ordered supplemental briefing, which has now been filed. (Docket Nos. #43 , #46 , #47 .) For the reasons discussed herein, the motion will be denied and the FMLA retaliation claim shall proceed to trial. Signed by District Judge Aleta A. Trauger on 6/18/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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| Filing 47 RESPONSE in Support re #23 MOTION for Summary Judgment (Defendant's Sur-Reply in Suppor tof Summary Judgment) filed by Caterpillar Financial Services Corporation. (Turner, Joseph) |
| Filing 46 RESPONSE filed by Cindy R. Tinsley re #43 Response in Support of Motion filed by Caterpillar Financial Services Corporation For Summary Judgment. (Attachments: #1 Attachment Affidavit)(Parker, R.) |
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Filing 45
ORDER granting #44 joint Motion for Extension of Time to File Plaintiff's Sur-Reply. Signed by District Judge Aleta A. Trauger on 5/14/2019. (jm)
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| Filing 44 First MOTION for Extension of Time to File Response/Reply as to #43 Response in Support of Motion For Summary Judgment by Cindy R. Tinsley. (Parker, R.) |
| Filing 43 RESPONSE in Support re #23 MOTION for Summary Judgment (Supplemental Reply in Support of Summary Judgment) filed by Caterpillar Financial Services Corporation. (Turner, Joseph) |
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Filing 42
ORDER: The court does not interpret the ruling by the Sixth Circuit to instruct that the plaintiff's FMLA retaliation claim go forward to trial. This court interprets the ruling to require additional summary judgment briefing. The defendant shall file a supplemental reply to the plaintiff's Response in Opposition to the Defendant's Motion for Summary Judgment (Docket No. #29 ) by April 29, 2019. The plaintiff shall file a sur-reply by May 13, 2019. Signed by District Judge Aleta A. Trauger on 4/15/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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| Filing 41 MANDATE of USCA as to #35 Notice of Appeal filed by Cindy R. Tinsley (CASE REOPENED) (af) |
| Filing 40 INFORMATION COPY from 6CCA: We AFFIRM the district court's order granting summary judgment in favor of Caterpillar on Tinsley's ADA and forced retirement claims, but REMAND for further consideration of Tinsley's FMLA retaliation claim. (MANDATE TO ISSUE) (jm) |
| Filing 39 Costs Taxed in amount of $ 2,192.13 against Cindy R. Tinsley (afs) |
| Filing 38 BILL OF COSTS by Caterpillar Financial Services Corporation. (Turner, Joseph) |
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Filing 36
ORDER: Pursuant to the Memorandum and Order entered February 26, 2018 (Docket No. #34 ), the Clerk shall enter judgment in this case in favor of the defendant pursuant to Federal Rule of Civil Procedure 58. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 3/27/18. (afs)
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| Filing 35 NOTICE OF APPEAL as to #34 Order on Motion for Summary Judgment, by Cindy R. Tinsley. Filing fee $ 505, receipt number 0650-2638518. (Parker, R.) |
| Filing 37 ENTRY OF JUDGMENT re: #34 Order on Motion for Summary Judgment, (afs) |
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Filing 34
MEMORANDUM AND ORDER: For the foregoing reasons, CFS's Motion for Summary Judgment #23 will be GRANTED. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 2/26/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
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| Filing 33 REPLY filed by Caterpillar Financial Services Corporation re #30 Reply filed by Cindy R. Tinsley. (Turner, Joseph) |
| Filing 32 MEMORANDUM in Support of #25 Statement of facts filed by Caterpillar Financial Services Corporation (Reply). (Turner, Joseph) |
| Filing 31 REPLY To Response #30 to re #23 MOTION for Summary Judgment filed by Caterpillar Financial Services Corporation. (Turner, Joseph) Modified on 1/23/2018 (afs). |
| Filing 30 RESPONSE filed by Cindy R. Tinsley re #25 Statement of facts filed by Caterpillar Financial Services Corporation. (Parker, R.) Modified on 1/8/2018 (afs). |
| Filing 29 RESPONSE in Opposition re #23 MOTION for Summary Judgment filed by Cindy R. Tinsley. (Attachments: #1 Attachment 1 - Deposition Transcript - Cindy Tinsley, #2 Attachment 2 - Affidavit - Signed, #3 Attachment 3 - Deposition Transcript - Paul Kaikaris, #4 Attachment 4 - Deposition Transcript - Terry Cook)(Parker, R.) |
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Filing 28
ORDER: Motion For Extension Time To Respond, #27 GRANTED. Extensions as requested. Signed by District Judge Aleta A. Trauger on 12/20/17. (afs)
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| Filing 27 Joint MOTION for Extension of Time to File Response/Reply as to #25 Statement of facts, #24 Memorandum in Support, #23 MOTION for Summary Judgment by Cindy R. Tinsley. (Parker, R.) |
| Filing 26 APPENDIX filed by Caterpillar Financial Services Corporation re #25 Statement of facts. (Attachments: #1 Exhibit 1 - Deposition Transcript fo Cindy R. Tinsley and Cited Exhibits, #2 Exhibit Deposition Transcript of Paul Kaikaris and Cited Exhibits, #3 Exhibit Deposition Transcript of Terry Cook, #4 Exhibit Declaration of Paul Kaikaris, #5 Exhibit Unpublished Court Decisions Pursuant to LR 7.01(e)(5))(Turner, Joseph) |
| Filing 25 STATEMENT of facts Undisputed filed by Caterpillar Financial Services Corporation in support of #23 Motion for Summary Judgment. (Turner, Joseph) |
| Filing 24 MEMORANDUM in Support of #23 MOTION for Summary Judgment filed by Caterpillar Financial Services Corporation . (Turner, Joseph) |
| Filing 23 MOTION for Summary Judgment by Caterpillar Financial Services Corporation. (Turner, Joseph) |
| Filing 22 JOINT MEDIATION REPORT. (Turner, Joseph) Modified on 10/25/2017 (dt). |
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Filing 21
ORDER RESETTING CASE FOR JURY TRIAL BEFORE JUDGE TRAUGER: Jury Trial set for 5/8/2018 09:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Pretrial Conference set for 5/4/2018 01:30 PM in Chambers 825 before District Judge Aleta A. Trauger. Exhibit List due by 5/1/2018. Witness List due by 5/1/2018. Proposed Pretrial Order due by 5/1/2018. Signed by District Judge Aleta A. Trauger on 4/19/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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Filing 20
ORDER: Upon the reassignment of this case to Judge Trauger, it is hereby ORDERED that the reference to the magistrate judge is WITHDRAWN. The parties shall adhere to the deadlines set in the Initial Case Management Order entered January 31, 2017 (Docket No. 19), with the exception that the case management conference scheduled before the magistrate judge on September 19, 2017 is CANCELLED. By separate order, this case is being reset for trial before Judge Trauger. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 4/19/2017. (eh)
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| Due to the resignation of Chief Judge Kevin H. Sharp and pursuant to Administrative Order No. 138 entered on April 12, 2017, this case is transferred to the Honorable Aleta A. Trauger, United States District Judge for the Middle District of Tennessee for all purposes. (gb) |
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Filing 19
INITIAL CASE MANAGEMENT ORDER: Jury Trial set for 5/8/2018 09:00 AM in Courtroom A826 before Chief Judge Kevin H. Sharp. Pretrial Conference set for 4/23/2018 01:30 PM in Courtroom A826 before Chief Judge Kevin H. Sharp. Amended Pleadings due by 3/3/2017. Discovery due by 10/13/2017. Motions due by 12/1/2017. Case Management Conference set for 9/19/2017 at 10:00 AM in Courtroom 661 before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 1/31/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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| Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Case Management Conference held on 1/27/2017 by telephone (not recorded). Order to enter. (hv) |
| Filing 18 PROPOSED CASE MANAGEMENT ORDER Amended filed by Cindy R. Tinsley. (Parker, R.) |
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Filing 17
ORDER: Pursuant to the Order entered on October 6, 2016, by the Honorable E. Clifton Knowles, this case was held in abeyance until December 9, 2016, in order for Plaintiff to obtain new counsel. Docket No. 11. Attorney R. Patrick Parker filed a Notice of Appearance on December 30, 2016. Therefore, a case management conference is hereby set for January 27, 2017, at 10:30 a.m. by telephone before the undersigned. Counsel for the Plaintiff shall initiate the call, then contact the Court at 615-736-7344. If new deadlines are necessary, the parties shall confer on a proposed case management order that shall be filed three (3) days prior to the case management conference. Signed by Magistrate Judge Jeffery S. Frensley on 1/4/2017. (eh)
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| Filing 16 NOTICE of Appearance by R. Patrick Parker on behalf of Cindy R. Tinsley (Parker, R.) |
| Bar status for attorney R. Patrick Parker of TN verified as active on this date. (eh) |
| Filing 15 NOTICE of Appearance by R. Patrick Parker on behalf of Cindy R. Tinsley (Parker, R.) |
| Due to the retirement of Magistrate Judge Knowles effective 10/7/16 and pursuant to Administrative Order No. 138 entered on 10/11/16, the magistrate judge now assigned to this case is Magistrate Judge Jeffery S. Frensley. (gb) |
| Filing 14 RESPONSE filed by Cindy R. Tinsley re #13 Order,, . (Allman, Andy) |
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Filing 13
ORDER: The Court has been advised that Plaintiff's counsel, Andy L. Allman, has been suspended from the practice of law in Tennessee. Therefore, Plaintiff shall have until December 9, 2016, to obtain new counsel. The case shall be held in abeyance until December 9, 2016, or further order of the Court. By no later than October 17, 2016, Mr. Allman shall also provide the Court with a current mailing address for Plaintiff. Signed by Magistrate Judge E. Clifton Knowles on 10/6/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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Filing 12
INITIAL CASE MANAGEMENT ORDER: Jury Trial set for 7/18/2017 09:00 AM in Courtroom A826 before Chief Judge Kevin H. Sharp. Pretrial Conference set for 6/26/2017 01:30 PM in Courtroom A826 before Chief Judge Kevin H. Sharp. Amended Pleadings due by 8/31/2016. Discovery due by 1/13/2017. Motions due by 2/10/2017. Signed by Magistrate Judge E. Clifton Knowles on 8/30/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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| Minute Entry for proceedings held before Magistrate Judge E. Clifton Knowles: Initial Case Management Conference held on 8/15/2016. Order to enter. (Recording: 15aug2016.) (hv) |
| Filing 11 PROPOSED CASE MANAGEMENT ORDER filed by Caterpillar Financial Services Corporation. (Eastwood, Lawrence) |
| Bar status for attorney Joseph S. Turner of IL verified as active on this date. (eh) |
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Filing 10
ORDER granting #9 Motion for Joseph S. Turner to Appear Pro Hac Vice. Signed by Magistrate Judge E. Clifton Knowles on 8/4/16. (af)
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| Filing 9 MOTION for attorney(s) Joseph S. Turner to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2255869) by Caterpillar Financial Services Corporation. (Attachments: #1 Attachment Certificate of Good Standing, #2 Attachment Proposed Order Granting Motion)(Eastwood, Lawrence) |
| Bar status for attorneys Lawrence Slade Eastwood, Jr and Megan M. Sutton of TN verified as active on this date. (eh) |
| Filing 8 NOTICE of Appearance by Megan M. Sutton on behalf of Caterpillar Financial Services Corporation (Sutton, Megan) |
| Filing 7 NOTICE of Appearance by Lawrence Slade Eastwood, Jr on behalf of Caterpillar Financial Services Corporation (Eastwood, Lawrence) |
| NOTICE TO COUNSEL Megan Sutton: Pursuant to LR83.01, Any attorney representing a party in any civil action shall file a separate Notice of Appearance with the Clerk of the Court. (eh) |
| Bar status for attorney Megan M. Sutton and Lawrence Slade Eastwood, Jr. of TN verified as active on this date. (eh) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT filed by Caterpillar Financial Services Corporation. (Eastwood, Lawrence) |
| Filing 5 ANSWER to #1 Complaint by Caterpillar Financial Services Corporation.(Eastwood, Lawrence) |
| Filing 4 NOTICE of Initial Case Management Conference set for 8/15/2016 at 10:00 AM in Courtroom 661 before Magistrate Judge E. Clifton Knowles. (eh) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (eh) |
| Filing 2 NOTICE of Corporate Disclosure Statement filing requirement. (eh) |
| Service packets mailed to counsel on this date. (eh) |
| Bar status for attorney Andy L. Allman verified as active on this date. (eh) |
| Filing 1 COMPLAINT against Caterpillar Financial Services Corporation, filed by Cindy R. Tinsley. $400 Filing fee paid - via Creit Card. Summons issued (Attachments: #1 Attachment Civil Cover Sheet, #2 Attachment summons)(eh) |
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