Swanton v. Wyndham Vacation Resorts, Inc.
| Kathryn Swanton |
| Wyndham Vacation Resorts, Inc. |
| 3:2020cv00480 |
| June 9, 2020 |
| US District Court for the Middle District of Tennessee |
| Alistair Newbern |
| Eli J Richardson |
| Civil Rights: Jobs |
| 29 U.S.C. § 2611 Family Medical Leave Act |
| None |
Docket Report
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This docket was last retrieved on July 5, 2022. A more recent docket listing may be available from PACER.
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Filing 54
ENTRY OF JUDGMENT re: #53 Order Dismissing Case. (kc)
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Filing 53
ORDER DISMISSING CASE: The parties have filed a Joint Stipulation of Dismissal #52 stating that no claims remain for resolution by the Court. Accordingly, the Court acknowledges that this action has been DISMISSED with prejudice, and the Clerk is directed to close the file. This Order shall constitute final judgment for purposes of Fed. R. Civ. P. 58. Signed by District Judge Eli J. Richardson on 7/5/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 52
STIPULATION of Dismissal All Parties/With Prejudice by Kathryn Swanton. (Grace, Stephen)
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Filing 51
ORDER SETTING CASE FOR TRIAL: Bench Trial is set for 8/9/2022 at 8:30 AM in Courtroom 874 before District Judge Eli J. Richardson. Exhibit List due by 7/25/2022. Witness List due by 7/25/2022. Pretrial Conference is set for 8/1/2022 at 1:00 PM in Courtroom 874 before District Judge Eli J. Richardson. Proposed Pretrial Order due by 7/25/2022. Signed by District Judge Eli J. Richardson on 3/15/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 50
ORDER: For the reasons stated in the accompanying Memorandum Opinion #49 , Defendants Motion for Summary Judgment #25 is GRANTED in part and DENIED in part. Summary judgment is denied as to Plaintiff's FMLA claim (Count I), and that claim will proceed to trial. Summary judgment is granted as to Plaintiff's ADA claims (Disability Discrimination, Failure to Accommodate, and Failure to Engage in the Interactive Process all encompassed within Count II), and those claims are hereby dismissed. Signed by District Judge Eli J. Richardson on 12/1/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 49
MEMORANDUM OPINION OF THE COURT. Signed by District Judge Eli J. Richardson on 12/1/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 48
RESPONSE filed by Wyndham Vacation Resorts, Inc. re #45 Notice (Other) filed by Kathryn Swanton / PLAINTIFFS RESPONSE TO MSJ OUTLINE. (Anderson, J.)
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Filing 47
ORDER granting #46 Motion for Leave to a Response to Plaintiff's Response to MSJ Outline re #45 Notice. Defendant may file a response to Plaintiff's notice #45 on or before November 19, 2021. The response shall not exceed five (5) pages. Signed by District Judge Eli J. Richardson on 11/12/2021. (dt)
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Filing 46
MOTION for Leave to File a Response to Plaintiff's Response to MSJ Outline re #45 Notice (Other) by Wyndham Vacation Resorts, Inc.. (Anderson, J.)
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Filing 45
NOTICE by Kathryn Swanton re #44 Order,,, Response to MSJ Outline (Grace, Stephen)
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Filing 44
ORDER: By November 10, 2021, Plaintiff shall file an explanation (in the form of a notice or otherwise) of (i) what FMLA leave she claims she requested and thereafter was denied and (ii) what evidence supports such a claim. In asking Plaintiff to thus identify an (alleged) denial of an (alleged) request for FMLA leave, the Court means that the Plaintiff should identify, to the extent she is able: (1) what leave (leave of what general or specific duration, beginning when, etc.) was requested under the FMLA, (2) when such leave was requested, (3) how Defendant denied (or communicated the denial of) such benefits, and (4) when Defendant denied such benefits. Signed by District Judge Eli J. Richardson on 10/27/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 43
ORDER: Because of the pending motion for summary judgment #25 , the pretrial conference set for September 17, 2021, and the jury trial set for September 28, 2021, are canceled, to be rescheduled, if appropriate, once the Court rules on the dispositive motion. Signed by District Judge Eli J. Richardson on 7/27/2021. (kc)
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Filing 42
STATEMENT of facts Responses to Plaintiffs Additional Disputed Material Facts. (Attachments: #1 Attachment Deposition Excerpts of Celeste Smith, #2 Attachment Deposition Excerpts of Kathryn Swanton)(Anderson, J.)
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Filing 41
REPLY to Response to re #25 MOTION for Summary Judgment filed by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Attachment 6-24-2021 Declaration of Celeste Smith (with Exhibits 1-3))(Anderson, J.)
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Filing 40
ORDER granting #39 Motion for Extension of Time to File Reply re #25 MOTION for Summary Judgment. Replies due by 6/24/2021. Signed by District Judge Eli J. Richardson on 6/15/2021. (vh)
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Filing 39
Unopposed MOTION for Extension of Time to File Response/Reply as to #25 MOTION for Summary Judgment by Wyndham Vacation Resorts, Inc.. (Anderson, J.)
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Filing 38
ORDER granting #29 Motion to Strike Jury Demand. Plaintiff's jury demand is STRICKEN from the Complaint. The jury trial scheduled for September 28, 2021 is CANCELED. An order scheduling a bench trial will be entered, if appropriate, after resolution of Defendant's Motion for Summary Judgment #25 . Signed by District Judge Eli J. Richardson on 6/8/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 37
RESPONSE to Motion re #29 MOTION to Strike JURY DEMAND No Opposition filed by Kathryn Swanton. (Grace, Stephen)
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Filing 36
DECLARATION of Kathryn Swanton filed by Kathryn Swanton re: #33 Response in Opposition to Motion. (Attachments: #1 Exhibit May, 2019, performance report)(Knox, Kerry)
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NOTICE TO FILER re DE#35 : Counsel failed to include the mandatory description of the attached exhibits. Counsel is directed to file a notice that lists each exhibit with a brief description. (kc)
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NOTICE TO FILER re DE#35 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (kc)
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Filing 35
DECLARATION of Kathryn Swanton filed by Kathryn Swanton re: #33 Response in Opposition to Motion. (Attachments: #1 Exhibit Exhibit A)(Knox, Kerry)
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Filing 34
RESPONSE filed by Kathryn Swanton re #27 Statement of facts filed by Wyndham Vacation Resorts, Inc. . (Grace, Stephen)
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Filing 33
RESPONSE in Opposition re #25 MOTION for Summary Judgment filed by Kathryn Swanton. (Attachments: #1 Exhibit Performance Report)(Grace, Stephen)
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Filing 32
ORDER granting Unopposed Motion for Extension of Time to file response to Motion for Summary Judgment #25 . Response due 6/3/2021. Signed by District Judge Eli J. Richardson on 6/1/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 31
Unopposed MOTION for Extension of Time to File Response/Reply as to #25 MOTION for Summary Judgment by Kathryn Swanton. (Knox, Kerry)
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Filing 30
MEMORANDUM in Support of #29 MOTION to Strike JURY DEMAND filed by Wyndham Vacation Resorts, Inc. . (Anderson, J.)
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Filing 29
MOTION to Strike JURY DEMAND by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Declaration of Celeste Smith)(Anderson, J.)
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Filing 28
ORDER: On April 30, 2021, Defendant Wyndham Vacation Resorts, Inc. filed a motion for summary judgment on Plaintiff Kathryn Swanton's claims against it. (Doc. No. #25 .) Any filings made related to the motion for summary judgment, including motions for extensions of time or to exceed page limits, shall be decided by Judge Richardson unless referred to the undersigned Magistrate Judge. Signed by Magistrate Judge Alistair Newbern on 4/30/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 27
STATEMENT of facts / Statement of Undisputed Material Facts filed by Wyndham Vacation Resorts, Inc. in support of #25 Motion for Summary Judgment,. (Anderson, J.)
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Filing 26
MEMORANDUM in Support of #25 MOTION for Summary Judgment filed by Wyndham Vacation Resorts, Inc. . (Anderson, J.)
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Filing 25
MOTION for Summary Judgment by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Deposition Excerpts of Kathryn Swanton, #2 Exhibit B - Declaration of Celeste Smith (with Exhibits), #3 Exhibit C - Deposition Excerpts of Celeste Smith)(Anderson, J.)
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NOTICE TO FILER re DE#24 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (kc)
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Filing 24
NOTICE of Appearance by Kerry E. Knox on behalf of Kathryn Swanton (Knox, Kerry)
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Filing 23
ORDER granting #22 Second Joint Motion to Amend Case Management Order. Discovery due 3/15/2021. Dispositive Motions due 4/30/2021. Signed by Magistrate Judge Alistair Newbern on 2/12/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) Modified on 2/16/2021 (kc).
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Filing 22
Joint MOTION to Amend/Correct / SECOND JOINT MOTION TO AMEND CASE MANAGEMENT ORDER by Wyndham Vacation Resorts, Inc.. (Anderson, J.)
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Reset Deadlines: Discovery due by 3/15/2021. Dispositive Motions due by 4/30/2021. (kc)
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Filing 21
STATUS REPORT (JOINT) by Wyndham Vacation Resorts, Inc.. (Anderson, J.)
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Filing 20
ORDER: The motion #19 to Amend Case Management Order is GRANTED. Signed by Magistrate Judge Alistair Newbern on 01/22/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 19
Joint MOTION to Amend/Correct #11 Case Management Order, by Wyndham Vacation Resorts, Inc.. (Anderson, J.)
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Filing 18
PROTECTIVE ORDER: To expedite the flow of discovery material, facilitate the prompt resolution of disputes, and ensure that confidential material is protected, Plaintiff Kathryn Swanton ("Plaintiff") and Defendant Wyndham Vacation Ownership, Inc. ("Defendant") (collectively, the "Parties") hereby stipulate and agree to be bound by the terms of this Proposed Protective Order. Signed by Magistrate Judge Alistair Newbern on 1/11/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 17
ORDER granting #16 Joint Motion for Entry of Stipulated Protective Order. Signed by Magistrate Judge Alistair Newbern on 1/11/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 16
Joint MOTION for Protective Order FOR ENTRY OF STIPULATED PROTECTIVE ORDER by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1 - Joint Stipulation and (Proposed) Protective Order)(Anderson, J.)
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Filing 15
ORDER: The Magistrate Judge held a telephonic case management conference with counsel for the parties on January 6, 2021. Counsel report that discovery is progressing in accordance with the schedule set by the initial case management order. Counsel were reminded of their requirement to file a joint case resolution status report within 14 days of the close of the discovery period. All deadlines remain as previously set. Signed by Magistrate Judge Alistair Newbern on 1/7/2021. (kc)
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Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Case Management Conference by Telephone held on 1/6/2021. (Hearing lasted 00:04)(sd)
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Filing 14
ORDER: By agreement of the parties, the case management conference originally set on January 5, 2021, is RESET to January 6, 2021 at 11:00 a.m. (Doc. No. #4 .) The conference will be held by telephone. Counsel for each party shall call (888) 557-8511 and enter access code 7819165# to participate. Signed by Magistrate Judge Alistair Newbern on 1/5/2021. (vh)
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Filing 13
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Wyndham Vacation Resorts, Inc.. (Anderson, J.)
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Filing 12
ORDER SETTING CASE FOR TRIAL: Jury Trial is set for 9/28/2021 at 09:00 AM in Courtroom 874 before District Judge Eli J. Richardson. Exhibit List due by 9/10/2021. Witness List due by 9/10/2021. Pretrial Conference is set for 9/17/2021 at 08:30 AM in Courtroom 874 before District Judge Eli J. Richardson. Proposed Pretrial Order due by 9/10/2021. Signed by District Judge Eli J. Richardson on 7/28/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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Filing 11
INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 11/13/2020. Discovery due by 1/29/2021. Dispositive Motions due by 3/19/2021. Case Management Conference by Telephone set for 1/5/2021 at 10:00 AM before Magistrate Judge Alistair Newbern. Signed by Magistrate Judge Alistair Newbern on 7/27/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Case Management Conference by Telephone held on 7/27/2020. (Hearing lasted :08)(kw)
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Filing 10
PROPOSED CASE MANAGEMENT ORDER Initial filed by All Plaintiffs. (Grace, Stephen)
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Filing 9
ANSWER to #1 Complaint by Wyndham Vacation Resorts, Inc..(Anderson, J.)
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TN State Bar status verified as active for J. Christopher Anderson. (vh)
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Filing 8
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Signed by District Judge Eli J. Richardson on 6/25/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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Filing 7
ORDER: This matter is set for an initial case management conference on July 27, 2020. (Doc. No. #5 .) The conference will be held by telephone. Counsel for each party shall call (888) 557-8511 and enter access code 7819165# to participate. Counsel need not and should not appear in person. Signed by Magistrate Judge Alistair Newbern on 6/24/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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Filing 6
SUMMONS returned executed by Kathryn Swanton. Wyndham Vacation Resorts, Inc. served on 6/13/2020. (Grace, Stephen)
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Filing 5
NOTICE of Initial Case Management Conference set for 7/27/2020 at 11:30 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (vh)
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Filing 4
Summons issued as to Wyndham Vacation Resorts, Inc. (service copies returned to counsel by mail.) (vh)
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Filing 3
NOTICE of Business Entity Disclosure Statement filing requirement. (vh)
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Filing 2
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (vh)
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Filing 1
COMPLAINT against Wyndham Vacation Resorts, Inc. (Filing fee $400, Receipt number 0650-3155560), filed by Kathryn Swanton. (Attachments: #1 Right to Sue Letter, #2 Civil Cover Sheet)(vh)
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TN State Bar status verified as active for Stephen W. Grace and Delain L. Deatherage. (vh)
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| Defendant: Wyndham Vacation Resorts, Inc. | |
| Represented By: | J. Christopher Anderson |
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| Plaintiff: Kathryn Swanton | |
| Represented By: | Delain L. Deatherage |
| Represented By: | Stephen W. Grace |
| Represented By: | Kerry E. Knox |
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