Cummins v. GFL Environmental Inc. et al
| Heather Cummins |
| GFL Environmental Inc., Waste Industries, Chad Keelean, Waste Services of Tennessee, LLC, Waste Industries USA, LLC, Waste Industries, LLC and Waste Industries of Tennessee, LLC |
| Gail Vaughn Ashworth |
| 3:2021cv00483 |
| June 22, 2021 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Barbara D Holmes |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 5, 2022. A more recent docket listing may be available from PACER.
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Filing 47
ORDER DISMISSING CASE: The parties have filed a Joint Stipulation of Dismissal (Doc. No. #46 ). Accordingly, this action is DISMISSED WITH PREJUDICE, and the Clerk is directed to close the file. Signed by Chief Judge Waverly D. Crenshaw, Jr on 5/5/2022. (ln)
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| Filing 46 STIPULATION JOINT STIPULATION OF DISMISSAL by GFL Environmental Inc., Chad Keelean, Waste Industries, Waste Services of Tennessee, LLC. (Rutchow, William) |
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Filing 45
ORDER: By no later than May 13, 2022, the parties shall submit a motion and proposed agreed order of dismissal or other filing in resolution of this case. Signed by Magistrate Judge Barbara D. Holmes on 4/14/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 44 REPORT of Mediation by Gail Vaughn Ashworth(Ashworth, Gail) |
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Filing 43
ORDER: A status/case management conference was held on March 30, 2022. The parties shall proceed with tentative scheduling of depositions to ensure that the depositions can be taken before the June 3, 2022 deadline if mediation is not successful. The parties have mediation with Gail Ashworth scheduled for April 13, 2022. A report of mediation shall be filed in accordance with Local Rule 16.05(b). Signed by Magistrate Judge Barbara D. Holmes on 4/4/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Case Management Conference by Telephone held on 3/30/2022. (Tape #not recorded.) (Hearing lasted :15)(jwc) |
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Filing 42
ORDER: Defendant GFL International, Inc. ("GFL") filed a Motion to Dismiss on August 24, 2021. (Doc. No. #22 ). Subsequently, Plaintiff filed an Amended Complaint. (Doc. No. #27 ). The Amended Complaint is now the operative complaint in this matter. Hence, GFL's Motion to Dismiss (Doc. No. #22 ) is DENIED AS MOOT. GFL may refile a motion to dismiss the Amended Complaint if it chooses. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/24/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 41 Joint Case Resolution Status Report by GFL Environmental Inc., Waste Industries USA, LLC, Waste Industries of Tennessee, LLC, Waste Industries, LLC, Waste Services of Tennessee, LLC. (Rutchow, William) |
| TN State Bar status verified as active for Hunter C. Branstetter and C. Dewey Branstetter, Jr admitted to this court. (ln) |
| Filing 40 NOTICE of Appearance by C. Dewey Branstetter, Jr on behalf of Heather Cummins (Branstetter, C.) |
| Filing 39 NOTICE of Appearance by Hunter C. Branstetter on behalf of Heather Cummins (Branstetter, Hunter) |
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Filing 38
ORDER: Motion for Extension of Time to File Appearance of Local Counsel, DE #37 is GRANTED. Signed by Magistrate Judge Barbara D. Holmes on 10/26/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 37 Unopposed MOTION for Extension of Time to File Appearance of Local Counsel by Heather Cummins. (Holder, Tamara) |
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Filing 36
ORDER: Before the Court are the unopposed motions of Plaintiff's counsel to withdraw as local counsel, filed September 28, 2021, Docket Entry Nos. #32 and #34 . The motions are well taken and are GRANTED. Ms. Hunter, Ms. Collins and Ms. Walter are relieved as counsel of record and the Clerk should terminate their status as counsel for purposes of ECF notification. Tamara Holder remains as counsel of record for Plaintiff and responsible for this case in accordance with all prior orders and the Courts local rules. Plaintiff must, within 30 days of entry of this order, secure substitute local counsel, who must enter their appearance as provided by local rule. Attorney Ashley S. Walter; Heather M. Collins and Anne Hunter terminated. Signed by Magistrate Judge Barbara D. Holmes on 10/4/2021. (jm)
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| Filing 35 MOTION to Withdraw as Attorney by Heather Cummins. (Walter, Ashley) Modified (termed per Chambers) on 10/5/2021 (ln). |
| Filing 34 Unopposed MOTION to Withdraw as Attorney by Heather Cummins. (Walter, Ashley) |
| Filing 33 Defendants' ANSWER to #27 Amended Complaint by Waste Industries of Tennessee, LLC.(Rutchow, William) |
| Filing 32 Unopposed MOTION to Withdraw as Attorney by Heather Cummins. (Hunter, Anne) |
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Filing 31
ORDER: Before the Court is Plaintiff's motion to extend the deadline for responding to Defendant Waste Industries LLC's first set of interrogatories and production of documents, filed September 16, 2021, Docket Entry No. #29 . Because the motion is unopposed (Docket Entry No. #30 ), the motion is GRANTED. All other provisions of the Initial Case Management Order (Docket Entry No. #20 ) remain in full force and effect. Signed by Magistrate Judge Barbara D. Holmes on 9/24/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 30 RESPONSE to Motion re #29 MOTION for Extension of Time to Complete Discovery filed by Waste Industries, LLC. (Rutchow, William) |
| Filing 29 MOTION for Extension of Time to Complete Discovery by Heather Cummins. (Holder, Tamara) |
| Filing 28 CERTIFICATE of Service filed by Heather Cummins re #27 Amended Complaint filed by Heather Cummins. (Holder, Tamara) |
| NOTICE TO FILER re DE#27 : 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 a certificate of service. Please FILE a CONFORMED CERTIFICATE OF SERVICE for this document. (ln) |
| TN State Bar status verified as active for Ashley S. Walter admitted to this court. (ln) |
| Filing 27 FIRST AMENDED COMPLAINT against GFL Environmental Inc., Waste Services of Tennessee, LLC, Waste Industries USA, LLC, Waste Industries, LLC, filed by Heather Cummins.(Holder, Tamara) |
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Filing 26
ORDER: Pursuant to Local Rule 16.01(h)(2), the District Judge is provided notice that on August 24, 2021, Defendant GFL Environmental, Inc. filed a motion to dismiss and supporting memorandum (Docket Nos. #22 , #23 ). Any response by Plaintiff shall be filed pursuant to Rule 12, Fed. R. Civ. P., and Local Rule 7.01(a)(3). An optional reply may be filed in accordance with Local Rule 7.01(a)(4). The Clerk of Court shall forward this motion and any responsive filings for the District Judge's consideration. All previously imposed deadlines remain in effect absent further order of the Court. Signed by Magistrate Judge Barbara D. Holmes on 9/2/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| TN State Bar status verified as active for Erin A. Shackelford admitted to this court. (ln) |
| Filing 25 NOTICE of Appearance by Erin A. Shackelford on behalf of GFL Environmental Inc., Waste Industries, Waste Services of Tennessee, LLC (Shackelford, Erin) |
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Filing 24
ORDER SETTING CASE FOR TRIAL: Jury Trial is set for 3/7/2023 at 9:00 AM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Pretrial Conference is set for 2/27/2023 at 4:00 PM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Proposed Pretrial Order due by 2/20/2023. Exhibit List due by 2/20/2023. Witness List due by 2/20/2023. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/26/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 23 MEMORANDUM in Support of #22 MOTION to Dismiss Defendant filed by GFL Environmental Inc. . (Attachments: #1 Exhibit A - Registration with Tennessee Secretary of State, #2 Exhibit B - GFL Terms and Conditions of Use, #3 Attachment Affidavit of Mindy Gilbert)(Rutchow, William) |
| Filing 22 MOTION to Dismiss Defendant by GFL Environmental Inc.. (Rutchow, William) |
| Filing 21 ANSWER to #1 Complaint by Waste Industries, Waste Services of Tennessee, LLC.(Rutchow, William) |
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Filing 20
INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 1/21/2022. Discovery due by 6/3/2022. Dispositive Motions due by 8/12/2022. A subsequent Case Management Conference by Telephone is set for 3/30/2022 at 1:00 PM before Magistrate Judge Barbara D. Holmes. Signed by Magistrate Judge Barbara D. Holmes on 8/23/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Initial Case Management Conference by Telephone held on 8/16/2021; ORDER to enter. (Tape #not recorded.) (Hearing lasted :25)(jwc) |
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Filing 19
ORDER: The parties have filed a Stipulation of Dismissal (Doc. No. #18 ) in regard to defendant Chad Keelean. Accordingly, this action is DISMISSED WITH PREJUDICE against Chad Keelean. Claims against the remaining defendants are still pending. Chad Keelean terminated. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/16/2021. (ln)
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| Filing 18 STIPULATION of Dismissal Partial- as to Defendant Keelean Only by Heather Cummins. (Collins, Heather) |
| TN State Bar status verified as active for William S. Rutchow admitted to this court. (ln) |
| Filing 17 PROPOSED CASE MANAGEMENT ORDER - Joint filed by Heather Cummins. (Collins, Heather) |
| Filing 16 NOTICE of Appearance by William S. Rutchow on behalf of GFL Environmental Inc., Waste Industries, Waste Services of Tennessee, LLC (Rutchow, William) |
| TN State Bar status verified as active for Matthew R. Zenner admitted to this court. (ln) |
| Filing 15 NOTICE of Appearance by Matthew R. Zenner on behalf of Chad Keelean (Zenner, Matthew) |
| Filing 14 SUMMONS returned executed by Heather Cummins. Chad Keelean served on 7/29/2021. (Hunter, Anne) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Heather Cummins. Waste Services of Tennessee, LLC waiver sent on 6/25/2021. (Hunter, Anne) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Heather Cummins. Waste Industries waiver sent on 6/25/2021. (Hunter, Anne) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Heather Cummins. GFL Environmental Inc. waiver sent on 6/25/2021. (Hunter, Anne) |
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Filing 10
ORDER granting #9 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Tamera N. Holder to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 06/28/2021. (lh)
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| Filing 9 Amended MOTION for attorney Tamara N. Holder to Appear Pro Hac Vice (Fee paid at DE #8 ) by Heather Cummins. (Hunter, Anne) Modified on 6/25/2021 (ln). |
| NOTICE TO FILER re DE#8 : The pending pro hac vice motion does not comply with the Court's local rules, because the motion fails to state whether disciplinary proceedings by any disciplinary authority, a finding of contempt or a sanction under 28 U.S.C. 1927 by any court, or criminal charges have been instituted against the attorney seeking pro hac vice admission. Local Rule 83.01(b)(2). By no later than five (5) business days from the date of this docket annotation, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing such matters. Failure to do so will result in denial of the pro hac vice motion. (ln) |
| Filing 8 MOTION for attorney Tamara N. Holder to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3398041) by Heather Cummins. (Attachments: #1 Attachment Certificate of Good Standing)(Hunter, Anne) Modified on 6/28/2021 (lh). |
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Filing 7
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). Lead counsel for the parties shall attend the initial case management conference. Signed by Chief Judge Waverly D. Crenshaw, Jr on 6/23/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 6 Summons issued as to GFL Environmental Inc., Chad Keelean, Waste Industries, and Waste Services of Tennessee, LLC. Service copies will be returned to counsel (Anne Hunter) by mail. (ln) |
| Filing 5 NOTICE of Initial Case Management Conference by Telephone set for 8/16/2021 at 11:30 AM before Magistrate Judge Barbara D. Holmes. (ln) |
| Filing 4 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (ln) |
| Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (ln) |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ln) |
| IL State Bar status verified as active for Tamara N. Holder not admitted to this court - Local counsel secured. (ln) |
| TN State Bar status verified as active for Heather M. Collins and Anne Hunter admitted to this court. (ln) |
| NOTICE TO COUNSEL Tamara N. Holder: WITHIN 21 DAYS, 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 or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 7/14/2021. (ln) |
| Filing 1 COMPLAINT against GFL Environmental Inc., Chad Keelean, Waste Industries, and Waste Services of Tennessee, LLC (Filing fee $402, Receipt number 0650-3396432) filed by Heather Cummins. (Attachments: #1 Attachment 1 - Civil Cover Sheet)(ln) |
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