Grimes v. Southwest Airlines
| Grimes and Travis L. Grimes |
| Southwest Airlines and Southwest Airlines Company |
| 3:2016cv02276 |
| August 25, 2016 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| Todd J Campbell |
| Barbara D Holmes |
| Aleta A Trauger |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 13, 2018. A more recent docket listing may be available from PACER.
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Filing 70
ORDER ADOPTING REPORT AND RECOMMENDATIONS: granting #59 Motion for Summary Judgment; adopting Report and Recommendations re #68 Report and Recommendation. For these reasons, Plaintiff's Objections are overruled, and the Report and Recommendation of the Magistrate Judge is adopted and approved. Defendant's Motion for Summary Judgment is GRANTED, and this action is DISMISSED. Signed by District Judge Aleta A. Trauger on 3/13/2018. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 69 Plaintiff's RESPONSE in Opposition to re #59 MOTION for Summary Judgment and Addition to Exhibits filed by Travis L. Grimes. (am) |
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Filing 68
REPORT AND RECOMMENDATION re #59 MOTION for Summary Judgment filed by Southwest Airlines Company. For the foregoing reasons, the undersigned respectfully RECOMMENDS that the motion for summary judgment (Docket Entry No. 59) of Defendant Southwest Airlines Co., be GRANTED and that this action be DISMISSED WITH PREJUDICE as to all claims. ANY OBJECTIONS to this Report and Recommendation must be filed with the Clerk of Court within fourteen (14) days of receipt of this notice and must state with particularity the specific portions of this Report and Recommendation to which objection is made. Failure to file written objections within the specified time can be deemed a waiver of the right to appeal the District Court's Order regarding the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Signed by Magistrate Judge Barbara D. Holmes on 1/31/18. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 67 Southwest Airlines Co.'s REPLY in Support filed by Southwest Airlines Company re #59 Motion for Summary Judgment filed by Southwest Airlines Company. (am) |
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Filing 66
ORDER granting #65 Motion for Leave to File Reply. Defendant's motion (Docket Entry No. 65) for leave to file a reply is GRANTED. The Clerk shall docket the proposed reply (Docket Entry No. 65-1) as Defendant's reply. The Clerk is directed to send a copy of this Order to Plaintiff by regular, first class mail (only). Signed by Magistrate Judge Barbara D. Holmes on 10/11/17. (xc:Pro se party by regular mail. ) (am)
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| Filing 65 MOTION for Leave to For Permission to File re #59 MOTION for Summary Judgment , #60 Memorandum in Support,, #63 Response in Opposition to Motion,,, by Southwest Airlines Company. (Attachments: #1 Exhibit 1 - SWA's Reply In Support of Summary Judgment)(Ramsey, Sally) |
| Filing 64 Plaintiff's RESPONSE to Defenant re #61 Statement of facts filed by Southwest Airlines Company. filed by Travis L. Grimes. (am) |
| Filing 63 RESPONSE in Opposition re #59 MOTION for Summary Judgment filed by Travis L. Grimes. (Attachments: #1 Exhibit 1- TUCA Workers Comp Form, #2 Exhibit A - Tennesseee Spine & Joint Center Work Status Report, #3 Exhibit B - Letter to Joan Scanlon, #4 Exhibit C - Integrated Care Managment Letter, #5 Exhibit - TUCA Worker's Comp Form 4/1/08, #6 Exhibit E - Premier Orthopaedics Sports 2/15/10, #7 Exhibit F - Workers' Compensation 11/30/08, #8 Exhibit G - Workers' Compensation 12/16/10, #9 Exhibit H - Physicians Statement 12/26/2007, #10 Exhibit I - Physician's Statement 1/22/10, #11 Exhibit J - Settlement Hearing Transcript 10/17/2002, #12 Exhibit K - Team RX, #13 Exhibit L - Settlement Hearing)(am) |
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Filing 62
ORDER: Presently pending is Defendant's motion for summary judgment (Docket Entry No. 59). Plaintiff shall have until September 18, 2017, to file a response to the motion. Finally, Plaintiff is advised that failure to file a timely response to the motion for summary judgment could result in the dismissal of this action. Any party desiring to object to this Order may do so by filing a motion for review no later than fourteen (14) days from the date this Order is served upon the party. The motion for review must be accompanied by a brief or other pertinent documents to apprise the District Judge of the basis for the objection. See Rule 72.02(b) of the Local Rules of Court. Signed by Magistrate Judge Barbara D. Holmes on 8/2/17. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 61 STATEMENT of facts of Undisputed Material Facts filed by Southwest Airlines Company in support of #59 Motion for Summary Judgment. (Ramsey, Sally) |
| Filing 60 MEMORANDUM in Support of #59 MOTION for Summary Judgment filed by Southwest Airlines Company . (Attachments: #1 Exhibit 01 - Grimes's Deposition Transcripts Excerpts and Exhibit Excerpts, #2 Exhibit 02 - Southwest Airlines Workers' Compensation Declaration of Custodian of Records (Patti Colwell) and Records Excerpts, #3 Exhibit 03 - Declaration of Sharmon Walters and Supporting Documents, #4 Exhibit 04 - Declaration of Bob Watkins and Supporting Documents, #5 Exhibit 05 - Declaration of Peggy Elerby and Supporting Documents, #6 Exhibit 06 - Tennessee Spine and Joint Center Dissolution, #7 Exhibit 07 - Discovery Requests and Reponses with Supporting Documents)(Ramsey, Sally) |
| Filing 59 MOTION for Summary Judgment by Southwest Airlines Company. (Ramsey, Sally) |
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Filing 58
PROTECTIVE ORDER. Signed by Magistrate Judge Barbara D. Holmes on 5/8/17. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 57
ORDER granting #55 Motion for Protective Order. Motion, DE55, is GRANTED. Signed by Magistrate Judge Barbara D. Holmes on 5/8/17. (xc:Pro se party by regular mail. ) (am)
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| Filing 56 GREEN CARD RETURNED Executed as t Travis L. Grimes #51 Order on Motion for Extension of Time to File. (am) |
| Note to File re DE #55 : This 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. (am) |
| Filing 55 MOTION for Protective Order by Southwest Airlines Company. (Attachments: #1 Exhibit 1 - Proposed Protective Order, #2 Exhibit 2 - Protective Order Email Communications to Travis L. Grimes)(Ramsey, Sally) |
| Filing 54 Regular Mail Returned To Sender, No Mail Receptacle, Unable To Forward. Mail sent to Travis L. Grimes. (am) |
| Filing 53 CERTIFIED MAIL RECEIPT re #51 Order on Motion for Extension of Time to File. (am) |
| Filing 52 GREEN CARD RETURNED Executed as to Travis L. Grimes #49 Order on Motion in Limine, Order on Motion for Discovery. (am) |
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Filing 51
ORDER denying #48 Motion for Extension of Time to File. Defendant's motion (Docket Entry No. 48) to extend the dispositive motion deadline is DENIED as moot in light of the Order entered April 7, 2017 (Docket Entry No. 49), which set out a new deadline for the filing of all dispositive motions. Unless otherwise directed by the Court, the Clerk is directed to send copies of all orders entered in this case to the pro se Plaintiff by regular, first class mail (only). Any party desiring to appeal this Order may do so by filing a motion for review no later than fourteen (14) days from the date this Order is served upon the party. The motion for review must be accompanied by a brief or other pertinent documents to apprise the District Judge of the basis for appeal. See Rule 72.02(b) of the Local Rules of Court. Signed by Magistrate Judge Barbara D. Holmes on 4/12/17. (xc:Pro se party by regular and certified mail.)(am)
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| Filing 50 CERTIFIED MAIL RECEIPT re #49 Order on Motion in Limine. (am) |
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Filing 49
ORDER denying #43 Motion in Limine; granting #44 Motion for Discovery. Accordingly, Plaintiff shall be permitted to make a limited request for untimely discovery. In order to expedite the matter, the Court will not require Plaintiff to formally serve a discovery request on Defendant for the documents at issue given that they have already been identified. Defendant shall have 45 days from entry of this Order within which to serve the responsive documents upon Plaintiff. Because the completion of discovery has extended beyond the discovery completion deadline, the deadline for the filing of all dispositive motions to dismiss and for summary judgment is extended to July 31, 2017. Any party desiring to appeal this Order may do so by filing a motion for review no later than fourteen (14) days from the date this Order is served upon the party. The motion for review must be accompanied by a brief or other pertinent documents to apprise the District Judge of the basis for appeal. See Rule 72.02(b) of the Local Rules of Court. Signed by Magistrate Judge Barbara D. Holmes on 4/7/17. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 48 MOTION for Extension of Time to File Dispositive Motions by Southwest Airlines Company. (Ramsey, Sally) |
| Filing 47 CERTIFICATE Consultation filed by Southwest Airlines Company re #46 Response in Opposition to Motion filed by Southwest Airlines Company, #43 MOTION in Limine filed by Travis L. Grimes. (Ramsey, Sally) |
| Filing 46 RESPONSE in Opposition re #43 MOTION in Limine filed by Southwest Airlines Company. (Attachments: #1 Exhibit A - Email Exchange)(Ramsey, Sally) |
| Filing 45 RESPONSE in Opposition re #44 MOTION for Discovery filed by Southwest Airlines Company. (Attachments: #1 Exhibit A - Plaintiff's Updated Witness List, #2 Exhibit B - Plaintiff Depo Excertps, #3 Exhibit C - Email Exchange)(Ramsey, Sally) |
| Filing 44 Plaintiff MOTION for Discovery by Travis L. Grimes. (am) |
| Filing 43 Plaintiff Travis L. Grimes' MOTION In Limine by Travis L. Grimes. (am) |
| Filing 42 CERTIFIED Mail Returned as Undeliverable, Marked Vacant re #39 Order sent to Travis L. Grimes. (af) |
| Filing 41 On 12/31/16, U.S. District Judge John T. Nixon retired. Pursuant to Administrative Order No. 138 entered 1/3/17 effective 1/9/17, this case has been randomly reassigned to Judge Trauger. (gb) |
| Filing 40 CERTIFIED MAIL RECEIPT re #39 Order. (am) |
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Filing 39
ORDER: Upon the reassignment of this case to Judge Trauger, this pro se case shall remain on referral to the magistrate judge. The court notes that the case has not yet been set for trial and will depend upon the magistrate judge to notify the district court when the case is ready to be set for trial. Signed by District Judge Aleta A. Trauger on 1/10/17. (xc:Pro se party by regular and certified mail.)(am)
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| On 12/1/16, U.S. District Judge Todd Campbell will retire. Pursuant to Administrative Order No. 138 entered 11/18/2016 and effective 11/30/16, this case has been randomly reassigned to Judge Nixon. (af) |
| Filing 38 GREEN CARD RETURNED Executed as to Travis L. Grimes #36 Scheduling Order. (am) |
| Filing 37 CERTIFIED MAIL RECEIPT re #36 Scheduling Order. (am) |
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Filing 36
SCHEDULING ORDER: Motions To Amend due by 1/27/2017. Discovery due by 3/27/2017. Dispositive Motions due by 4/28/2017. Signed by Magistrate Judge Barbara D. Holmes on 10/31/16. (xc:Pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 35
**STRICKEN-WRONG DATES-NEW ORDER TO ENTER**SCHEDULING ORDER: Motions To Amend due by 1/27/2016. Discovery due by 3/27/2016. Dispositive Motions due by 4/28/2016. Signed by Magistrate Judge Barbara D. Holmes on 10/31/16. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) Modified on 10/31/2016 (af).
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| The scheduling order entered at DE 35 is STRICKEN as it contains wrong deadline dates. A new order to be entered by the Court. (af) |
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Filing 34
ORDER: Pursuant to Rule 26(a)(1)(A) of the Federal Rules of Civil Procedure, all parties in this pro se action are exempt from the initial disclosures required by Rule 26(a). Pursuant to Local Rule 16.01(b)(2)(b), this case is exempt from customized case management. By separate order, the Court will enter a scheduling order setting out deadlines for the progression of this case. The Clerk is directed to send copies of all orders entered in this case to the pro se Plaintiff by regular, first class mail (only), unless otherwise directed by the Court. Any party desiring to appeal this Order may do so by filing a motion for review no later than fourteen (14) days from the date this Order is served upon the party. The motion for review must be accompanied by a brief or other pertinent documents to apprise the District Judge of the basis for appeal. See Rule 72.02(b) of the Local Rules of Court. Signed by Magistrate Judge Barbara D. Holmes on 10/26/16. (xc:Pro se party by regular mail.)(am)
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| Filing 33 CORPORATE DISCLOSURE STATEMENT filed by Southwest Airlines Company. (Ramsey, Sally) |
| Filing 32 ANSWER to #7 Complaint by Southwest Airlines Company.(Ramsey, Sally) |
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Filing 31
ORDER granting #29 Motion to Withdraw as Attorney. Attorney John Conlaeth McIlwee terminated. Signed by District Judge Todd J. Campbell on 10/18/2016. (xc:Pro se party by regular and certified mail.)(vh)
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| Filing 30 Summons Returned Unexecuted as to Southwest Airlines Company. (Travis Grimes came to USMS office to show me an email sent from Sally Ramsey, Attorney for Southwest, agreeing to accept service electronically. 10/4/16 - contacted Sally Ramsey. Attorney for Southwest and she agreed to accept service by email.) (am) |
| Filing 29 MOTION to Withdraw as Attorney. (am) |
| Filing 28 Summons issued as to Southwest Airlines Company. (Service packet to USMS for service.) (am) |
| Filing 27 GREEN CARD RETURNED Executed as to Travis L. Grimes #23 Order. (am) |
| BAR STATUS FOR ATTORNEY TERESA RIDER BULT OF TN VERIFIED ACTIVE ON THIS DATE. (am) |
| Filing 26 NOTICE of Appearance by Teresa Rider Bult on behalf of Southwest Airlines Company (Bult, Teresa) |
| BAR STATUS FOR ATTORNEY SALLY RAMSEY OF TN VERIFIED ACTIVE ON THIS DATE. (am) |
| Filing 25 NOTICE of Appearance by Sally Ramsey on behalf of Southwest Airlines Company (Ramsey, Sally) |
| Filing 24 CERTIFIED MAIL RECEIPT re #23 Order. (mg) |
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Filing 23
ORDER REFERRING CASE to Magistrate Judge Barbara D. Holmes. The Clerk is instructed to send the plaintiff a service packet (a blank summons and USM 285 form) for the defendant. The plaintiff must complete the service packet and return the packet to the Clerk's Office within twenty-one (21) days of the date of receipt of this order. Upon return of the service packet, PROCESS SHALL ISSUE to the defendant. This action is REFERRED to the Magistrate Judge to enter a scheduling order for the management of the case, to dispose or recommend disposition of any pre-trial, non-dispositive motions, to issue a Report and Recommendation on all dispositive motions, and to conduct further proceedings, if necessary, under Rule 72(b), Fed. R. Civ. P., and the Local Rules of Court. Signed by District Judge Todd J. Campbell on 9/9/16. (xc:Pro se party by regular and certified mail.)(Pro se party sent (1) service packet by regular mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 22 Case electronically transferred in from the ND of Illinois, Case Number 1:16-cv-03272. MD of Tennessee, Case Number 3:16-cv-2276. |
| Filing 21 TRANSFERRED to the Middle District of Tennessee the electronic file (cc, ) [Transferred from Illinois Northern on 8/25/2016.] |
| Copy of docket sheet mailed to plaintiff. (af) |
| IL bar status verified as active for attorney John Conlaeth McIlwee. (af) |
| NOTICE TO COUNSEL John Conlaeth McIlwee: WITHIN 21 DAYS (9/15/16), counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $75.00 (LR 83.01(d)) **AND** associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(h)). (af) |
| Filing 20 WAIVER OF SERVICE returned executed by U.S. Marshal as to Southwest Airlines waiver sent on 8/18/2016, answer due 10/17/2016. (pk,) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 19 MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held. Pursuant to 28 USC 1406, defendant's motion to transfer is granted #12 . The Court finds that this case could have been brought in the Middle District of Tennessee in the first instance because the alleged employment practice is claimed to have been committed in that district at least in part, and plaintiff would have worked in that district but for the alleged violations of law. See 42 USC 2000e-5(f)(3). The Court therefore directs the Clerk to transfer the case to the Middle District of Tennessee. Defendant's motion to dismiss is terminated as moot. Plaintiff's motion to change venue is terminated #16 . Mailed notice. (pjg, ) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 18 REPLY memorandum in support of Plaintiff motion for change of venue by Plaintiff Travis L. Grimes (mc, ) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 17 REPLY by Defendant Southwest Airlines to motion to change venue #16 And In Further Support Of Defendant's Motion to Dismiss (McIlwee, John) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 16 MOTION by Plaintiff Travis L. Grimes to change venue. (nsf, ) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 15 MINUTE entry before the Honorable Rebecca R. Pallmeyer in Judge Kennelly's absence: Plaintiff's response to motion to dismiss #12 due by 8/1/2016; defendant's reply due by 8/8/2016. The 7/7/2016 motion hearing is vacated. The 8/10/2016 status hearing is reset to 8/17/2016 at 9:30 a.m. Possible ruling on motion to dismiss set for 8/17/2016 at 9:30 a.m. (pjg, ) Modified on 7/6/2016 (pjg, ). [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 14 NOTICE of Motion by John Conlaeth McIlwee for presentment of motion to dismiss #12 before Honorable Matthew F. Kennelly on 7/7/2016 at 09:30 AM. (McIlwee, John) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 13 MEMORANDUM by Southwest Airlines in support of motion to dismiss #12 for Improper Venue (Attachments: #1 Declaration Shari Conaway)(McIlwee, John) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 12 MOTION by Defendant Southwest Airlines to dismiss for Improper Venue (McIlwee, John) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 11 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 6/15/2016 and continued to 8/10/2016 at 9:30 a.m. (pjg, ) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 10 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Southwest Airlines (McIlwee, John) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 9 WAIVER OF SERVICE returned executed by Southwest Airlines. Southwest Airlines waiver sent on 5/23/2016, answer due 7/22/2016. (McIlwee, John) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 8 ATTORNEY Appearance for Defendant Southwest Airlines by John Conlaeth McIlwee (McIlwee, John) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 7 COMPLAINT filed by Travis L. Grimes (Exhibit) (sj, ) [Transferred from Illinois Northern on 8/25/2016.] |
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Filing 6
ORDER Plaintiff's motion for leave to proceed in forma pauperis is granted #4 . Plaintiff's motion for appointment of counsel is denied without prejudice to renewal after defendant responds to the complaint #5 . The Marshal is appointed to serve the defendant with summons and the complaint. Plaintiff is directed to cooperate with the Marshal as requested in effectuating service of process and, specifically, is directed to promptly complete and return any forms sent by the Clerk to assist the Marshal in serving process on the defendant. The case is set for a status hearing on 6/15/2016 at 9:30 a.m. in Judge Kennelly's courtroom (Room 2103). If plaintiff fails to appear at that time, the case may be dismissed for want of prosecution. Signed by the Honorable Matthew F. Kennelly on 4/14/2016. Mailed notice(sj, ) [Transferred from Illinois Northern on 8/25/2016.]
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| SUMMONS Issued, copy of the complaint and certified copy of order dated 4/14/16 to the U.S. Marshal's Office for service as to defendant Southwest Airlines (sj, ) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 5 MOTION by Plaintiff Travis L. Grimes for attorney representation (sj, ) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 4 APPLICATION by Plaintiff Travis L. Grimes for leave to proceed in forma pauperis (Exhibit) (sj, ) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 3 PRO SE Appearance by Plaintiff Travis L. Grimes (sj, ) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 2 CIVIL Cover Sheet (sj, ) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 1 RECEIVED Complaint and 1 copy by Travis L. Grimes (Exhibit) (sj, ) [Transferred from Illinois Northern on 8/25/2016.] |
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