Bailey v. Real Time Staffing Services, Inc d/b/a Select Staffing
Plaintiff: Gaylus Bailey
Defendant: Real Time Staffing Services, Inc.
Case Number: 2:2011cv02055
Filed: January 25, 2011
Court: US District Court for the Western District of Tennessee
Office: Memphis Office
County: Shelby
Presiding Judge: Diane K Vescovo
Nature of Suit: Civil Rights: Jobs
Cause of Action: Civil Miscellaneous Case
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 19, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 19, 2014 Opinion or Order Filing 73 ORDER Denying Defendant's Motion to Award Attorney Fees. Signed by Magistrate Judge Diane K. Vescovo on 8/19/2014. (Vescovo, Diane)
July 29, 2014 Filing 72 NOTICE of Appearance by Donald Eugene Hayes, Jr on behalf of Real Time Staffing Services, Inc. (Hayes, Donald)
July 23, 2014 Filing 71 SETTING LETTER: Telephone Status Conference set for 7/29/2014 10:30 AM with Magistrate Judge Diane K. Vescovo. The call-in number is 877-336-1828; the access code is 1623522; and the security code is 2055. The purpose of the call is to discuss the Defendant's 2/25/2013 Motion to Award Attorney Fees. See Order Deferring Ruling on Defendant's Motion to Award Attorney Fees (ECF 64) entered 3/5/2013.(Vescovo, Diane)
November 21, 2013 Filing 70 MANDATE of USCA as to #57 Notice of Appeal filed by Gaylus Bailey (jld) (Main Document 70 replaced on 11/21/2013) (jld).
October 29, 2013 Opinion or Order Filing 69 ORDER of USCA as to #57 Notice of Appeal filed by Gaylus Bailey. The district court's judgment is AFFIRMED.(jld)
August 23, 2013 Opinion or Order Filing 68 ORDER of USCA as to #57 Notice of Appeal filed by Gaylus Bailey. Motion to present oral argument is ORDERED GRANTED. (jld)
July 30, 2013 Opinion or Order Filing 67 ORDER of USCA as to #57 Notice of Appeal filed by Gaylus Bailey. Motion to file sur-reply brief is DENIED. (jae)
July 29, 2013 Opinion or Order Filing 66 ORDER of USCA as to #57 Notice of Appeal filed by Gaylus Bailey. Motion to file sur-reply brief is DENIED. (jae)
April 5, 2013 Opinion or Order Filing 65 ORDER TAXING COSTS by the Clerk of Court, Thomas M. Gould, against the Plaintiff and in favor of the Defendant in the amount of $877.26. Order Signed on 04/05/13. (Noe, Jean)
March 5, 2013 Opinion or Order Filing 64 ORDER deferring ruling on #61 Motion for Attorney Fees. Signed by Magistrate Judge Diane K. Vescovo on 3/5/2013. (Vescovo, Diane)
February 26, 2013 Filing 63 RESPONSE in Opposition re #61 MOTION for Attorney Fees filed by Gaylus Bailey. (Attachments: #1 Exhibit A - Affidavit of Justin S. Gilbert, #2 Appendix 1 - Baker v. Windsor Republic Doors, #3 Appendix 2 - Chandler v. Specialty Tires of America)(Gilbert, Justin)
February 26, 2013 Filing 62 NOTICE OF TAXATION OF COSTS HEARING before the Clerk of Court, Thomas M. Gould, on Friday April 5, 2013 at 10:00 AM; re #59 Bill of Costs (jn)
February 25, 2013 Filing 61 MOTION for Attorney Fees by Real Time Staffing Services, Inc.. (Attachments: #1 Memorandum Memorandum, #2 Exhibit 1 - Mulroy Affidavit, #3 Exhibit 2 - Declaration)(Mulroy, James)
February 25, 2013 Filing 60 Sealed Document (Exhibit A - Billing Invoices) to Jim Mulroy's Affidavit in Support of Motion for Attorneys' Fees. (Mulroy, James)
February 25, 2013 Filing 59 BILL OF COSTS of Defendant by Real Time Staffing Services, Inc.. (Hutton, Robbin)
February 20, 2013 Filing 58 USCA Case Number 11-2055 for #57 Notice of Appeal filed by Gaylus Bailey per Robin Johnson case mgr.. (jml)
February 15, 2013 Filing 57 NOTICE OF APPEAL as to #55 Order on Motion to Dismiss, Order on Motion for Miscellaneous Relief,, #56 Judgment, by Gaylus Bailey. Filing fee $ 455, receipt number 0651-1644650. (Gilbert, Justin)
February 11, 2013 Opinion or Order Filing 56 JUDGMENT: IT IS SO ORDERED AND ADJUDGED that in accordance with the Order Denying Defendant's Motion for Judgment on the Pleadings; Denying Plaintiff's Motion for Revision; Denying Plaintiff's Motion to Strike Defendant's Motion for Judgment on the Pleadings; and Granting Defendant's Motion for Summary Judgment entered on February 8, 2013 this cause is hereby dismissed with prejudice. Signed by Magistrate Judge Diane K. Vescovo on 02/11/2013. (Vescovo, Diane)
February 8, 2013 Opinion or Order Filing 55 ORDER denying #40 Defendant's Motion for Judgment on the Pleadings; denying #44 Plaintiff's Motion for Revision; denying #41 Plaintiff's Motion to Strike Defendant's Motion for Judgment on the Pleadings; and granting #27 Defendant's Motion for Summary Judgment. Signed by Magistrate Judge Diane K. Vescovo on 2/8/2013. (Vescovo, Diane)
December 14, 2012 Filing 54 NOTICE by Gaylus Bailey (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gilbert, Justin)
December 14, 2012 Filing 53 REPLY to Response to Motion re #46 Response in Opposition to Motion, filed by Gaylus Bailey. (Gilbert, Justin)
December 13, 2012 Filing 52 Notice of Cancellation. The Pretrial Conference set for 12/20/2012 and the Jury Trial set for 1/17/2013 before Magistrate Judge Diane K. Vescovo have been CANCELLED. *TEXT NOTICE ONLY - THERE IS NO IMAGE ASSOCIATED WITH THIS ENTRY* (cas)
December 13, 2012 Filing 51 Minute Entry for proceedings held before Magistrate Judge Diane K. Vescovo: Motion Hearing held on 12/13/2012 re #40 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(c) for Judgment on the Pleadings and Request for Expedited Hearing filed by Real Time Staffing Services, Inc., #44 MOTION FOR REVISION OF COURTS INTERLOCUTORY ORDER REGARDING PLAINTIFFS PERCEIVED KIDNEY IMPAIRMENT AND PLAINTIFFS LICIT DRUG USE FOR HIV re #35 Order on Motion for Summary Judgment filed by Gaylus Bailey, #49 MOTION for Leave to File Reply Memorandum to Defendant's Response to Plaintiff's Motion for Revision of Interlocutory Order filed by Gaylus Bailey and #41 Motion to Strike Defendant's Motion for Judgment on the Pleadings filed by Gaylus Bailey. Counsel for the parties present. As to #49 : The Court GRANTED Plaintiff's Motion for Leave to File a Reply Memorandum. As to #44 : The Court will take the Motion under advisement. Plaintiff is to submit the EEOC Complaint to the Court. The remaining Motions ( #40 and #41 ) were not addressed at this time. The Pretrial Conference set for 12/20/2012 and the Jury Trial set for 1/17/2013 are cancelled. (Plaintiffs Counsel: J. Gilbert & J. Salonus. Defendants Counsel: J. Mulroy, II.) (Court Reporter: Valerie Gilliam.) (cas)
December 12, 2012 Filing 50 Notice of Correction to #46 Response in Opposition to Motion, Regarding Declaration of Dr. Todd Simo Filed in Support of Defendant's Response in Opposition to Plaintiff's Motion for Revision of Court's Interlocutory Order Regarding Plaintiff's Perceived Kidney Impairment and Plaintiff's Licit Drug Use for HIV. (Attachments: #1 Exhibit Attachment (Declaration of Dr. Todd Simo))(Hutton, Robbin)
December 12, 2012 Filing 49 MOTION for Leave to File Reply Memorandum to Defendant's Response to Plaintiff's Motion for Revision of Interlocutory Order - proposed order submitted by Gaylus Bailey. (Attachments: #1 Proposed Reply)(Gilbert, Justin)
December 11, 2012 Filing 48 NOTICE by Gaylus Bailey Plaintiff's Rule 26(a)(3) Pretrial Disclosures (Gilbert, Justin)
December 10, 2012 Filing 47 NOTICE by Real Time Staffing Services, Inc. Defendant's Rule 26(a)(3) Disclosures (Hutton, Robbin)
December 7, 2012 Filing 46 RESPONSE in Opposition re #44 MOTION FOR REVISION OF COURTS INTERLOCUTORY ORDER REGARDING PLAINTIFFS PERCEIVED KIDNEY IMPAIRMENT AND PLAINTIFFS LICIT DRUG USE FOR HIV re #35 Order on Motion for Summary Judgment filed by Real Time Staffing Services, Inc.. (Hutton, Robbin)
December 3, 2012 Filing 45 NOTICE of Hearing on Motions: #40 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(c) for Judgment on the Pleadings and Request for Expedited Hearing, #44 MOTION FOR REVISION OF COURTS INTERLOCUTORY ORDER REGARDING PLAINTIFFS PERCEIVED KIDNEY IMPAIRMENT AND PLAINTIFFS LICIT DRUG USE FOR HIV -- Motion Hearing set for 12/13/2012 01:00 PM in Courtroom 5 - Memphis before Magistrate Judge Diane K. Vescovo. (crk)
November 26, 2012 Filing 44 MOTION FOR REVISION OF COURTS INTERLOCUTORY ORDER REGARDING PLAINTIFFS PERCEIVED KIDNEY IMPAIRMENT AND PLAINTIFFS LICIT DRUG USE FOR HIV re #35 Order on Motion for Summary Judgment by Gaylus Bailey. (Attachments: #1 Memorandum, #2 Appendix 1 - Franzen, et al. v. CSX Transportation, Inc. et al., #3 Appendix 2 - Trujillo v. Board of Education of the Albuquerque Public Schools, et al., #4 Appendix 3 - Westport Insurance Corp. v. Donald Mudd, et al., #5 Appendix 4 - Matukaitis v. Pennsylvania Coalition Against Domestic Violence, et al.)(Gilbert, Justin)
November 26, 2012 Filing 43 NOTICE of Hearing on Motion #40 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(c) for Judgment on the Pleadings and Request for Expedited Hearing: Motion Hearing set for 11/30/2012 10:30 AM in Courtroom 5 - Memphis before Magistrate Judge Diane K. Vescovo. (crk)
November 21, 2012 Filing 42 RESPONSE in Opposition re #40 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(c) for Judgment on the Pleadings and Request for Expedited Hearing Plaintiff's Motion to Strike [D.E. 41] filed by Real Time Staffing Services, Inc.. (Mulroy, James)
November 16, 2012 Filing 41 RESPONSE to Motion re #40 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(c) for Judgment on the Pleadings and Request for Expedited Hearing filed by Gaylus Bailey. (Gilbert, Justin)
November 15, 2012 Filing 40 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(c) for Judgment on the Pleadings and Request for Expedited Hearing by Real Time Staffing Services, Inc.. (Attachments: #1 Memorandum)(Mulroy, James)
November 13, 2012 Filing 39 NOTICE to Take Deposition of Dr. Todd Simo by Real Time Staffing Services, Inc..(Hutton, Robbin)
November 6, 2012 Opinion or Order Filing 38 ORDER granting #36 Defendant's Motion to Preserve Evidence for Trial or in the Alternative to Amend Scheduling Order for Purpose of One Deposition. Signed by Magistrate Judge Diane K. Vescovo on 11/6/2012. (Vescovo, Diane)
November 1, 2012 Filing 37 RESPONSE in Opposition re #36 MOTION To Preserve Evidence for Trial or in the Alternative to Amend Scheduling Order to Take One Deposition (Proposed Order Submitted) filed by Gaylus Bailey. (Gilbert, Justin)
October 24, 2012 Filing 36 MOTION To Preserve Evidence for Trial or in the Alternative to Amend Scheduling Order to Take One Deposition (Proposed Order Submitted) by Real Time Staffing Services, Inc.. (Attachments: #1 Memorandum Memorandum, #2 Exhibit Ex. 1 - Plaintiff's Deposition pages, #3 Exhibit Ex. 2 - Peggy Franklin Deposition Page, #4 Certificate of Consultation Certificate of Consultation)(Hutton, Robbin)
August 7, 2012 Opinion or Order Filing 35 ORDER granting in part and denying in part #27 Motion for Summary Judgment. Signed by Magistrate Judge Diane K. Vescovo on 8/7/2012. (Vescovo, Diane)
July 16, 2012 Filing 34 REPLY to Response to Motion re #32 Response in Opposition to Motion,, filed by Real Time Staffing Services, Inc.. (Attachments: #1 Exhibit 1 - Peggy Franklin Deposition Page)(Hutton, Robbin)
July 9, 2012 Filing 33 Notice of Correction to #32 Response in Opposition to Motion,, Plaintiff's Response to Defendant's Statement of Undisputed Facts and Plaintiff's Additional Statement of Facts in Compliance with Local Rule 56.1 (b). (Gilbert, Justin)
July 2, 2012 Filing 32 RESPONSE in Opposition re #27 MOTION for Summary Judgment filed by Gaylus Bailey. (Attachments: #1 Plt's Response to Dft's Statement of Undisputed Facts & Additional Statement of Facts, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Appendix Appendix 1, #12 Appendix Appendix 2, #13 Appendix Appendix 3, #14 Appendix Appendix 4)(Gilbert, Justin)
July 2, 2012 Filing 31 NOTICE of Appearance by Jessica Farris Salonus on behalf of Gaylus Bailey (Salonus, Jessica)
June 4, 2012 Filing 30 NOTICE by Real Time Staffing Services, Inc. re #27 MOTION for Summary Judgment Supplement to Dispositive Motion (Hutton, Robbin)
June 1, 2012 Opinion or Order Filing 29 ORDER granting #28 Motion for Leave to File supplement to dispositive motion. Signed by Magistrate Judge Diane K. Vescovo on 6/1/2012. (Vescovo, Diane)
May 31, 2012 Filing 28 MOTION for Leave to File Supplement to Defendant's Dispositive Memorandum (proposed order submitted) by Real Time Staffing Services, Inc.. (Attachments: #1 Memorandum, #2 Certificate of Consultation)(Hutton, Robbin)
May 16, 2012 Filing 27 MOTION for Summary Judgment by Real Time Staffing Services, Inc.. (Attachments: #1 Memorandum, #2 Exhibit 1 - Statement of Materials Facts, #3 Exhibit 2 - Plaintiff's Deposition (Exs), #4 Exhibit 3 - Peggy Franklin Deposition)(Hutton, Robbin)
May 1, 2012 Opinion or Order Filing 26 ORDER granting #25 Motion for Extension of Time to File Dispositive Motions to May 16, 2012. Signed by Magistrate Judge Diane K. Vescovo on 5/1/2012. (Vescovo, Diane)
April 30, 2012 Filing 25 MOTION for Extension of Time to File Dispositive Motion (Proposed Order Submitted) by Real Time Staffing Services, Inc.. (Attachments: #1 Memorandum, #2 Certificate of Consultation)(Hutton, Robbin)
February 3, 2012 Filing 24 DEPOSITION of Gaylus Bailey taken on March 27, 2012 by Real Time Staffing Services, Inc..(Hutton, Robbin)
January 13, 2012 Filing 23 SETTING LETTER: **RESETTING** Jury Trial set for 1/7/2013 09:30 AM in Courtroom 5 - Memphis before Magistrate Judge Diane K. Vescovo. Pretrial Conference set for 12/20/2012 09:30 AM in Courtroom 5 - Memphis before Magistrate Judge Diane K. Vescovo. Proposed Pretrial Order due by 12/13/2012. (bag)
January 12, 2012 Opinion or Order Filing 22 ORDER granting #18 Motion to Extend Deadline; granting #18 Motion to Continue. Discovery deadline extended to 4/2/12; dispositive motions deadline extended to 5/2/12. Trial set 9/4/12 and pretrial conference set 8/24/12 are continued and will be reset by separate notice. Signed by Magistrate Judge Diane K. Vescovo on 1/12/12. (Vescovo, Diane)
January 12, 2012 Opinion or Order Filing 21 PROTECTIVE ORDER. Signed by Magistrate Judge Diane K. Vescovo on 1/12/2012. (Vescovo, Diane)
January 10, 2012 Filing 20 NOTICE of Appearance by Robbin W. Hutton on behalf of Real Time Staffing Services, Inc. (Hutton, Robbin)
January 6, 2012 Filing 19 Joint MOTION for Protective Order (Proposed Order Submitted) by Real Time Staffing Services, Inc.. (Attachments: #1 Memorandum, #2 Exhibit A)(Mulroy, James)
January 6, 2012 Filing 18 Joint MOTION to Extend Deadline for Discovery and Dispositive Motion, Joint MOTION to Continue Trial Date by Real Time Staffing Services, Inc.. (Attachments: #1 Memorandum)(Mulroy, James)
October 31, 2011 Opinion or Order Filing 17 ORDER granting #16 Motion to Withdraw as Attorney. Attorney Whitney K. Fogerty terminated. Signed by Magistrate Judge Diane K. Vescovo on 10/31/2011. (Vescovo, Diane)
October 28, 2011 Filing 16 MOTION to Withdraw as Attorney (proposed order submitted) by Real Time Staffing Services, Inc.. (Fogerty, Whitney)
July 13, 2011 Filing 15 NOTICE of Appearance by Whitney K. Fogerty on behalf of Real Time Staffing Services, Inc.
April 18, 2011 Filing 14 SETTING LETTER: Jury Trial set for 9/4/2012 09:30 AM in Courtroom 5 - Memphis before Magistrate Judge Diane K. Vescovo. Pretrial Conference set for 8/24/2012 10:30 AM in Courtroom 5 - Memphis before Magistrate Judge Diane K. Vescovo. Proposed Pretrial Order due by 8/17/2012. (bag)
April 11, 2011 Set/Reset Scheduling Order Deadlines: Amended Pleadings due by 6/9/2011. Discovery due by 1/23/2012. Joinder of Parties due by 6/9/2011. Initial Motions to Dismiss due by 7/8/2011. Filing Dispositive Motions 2/23/2012. (ehg)
April 7, 2011 Opinion or Order Filing 13 SCHEDULING ORDER: Entry of this order cancels the conference set 4/26/2011. Signed by Magistrate Judge Diane K. Vescovo on 4/7/2011. (Vescovo, Diane)
March 28, 2011 Filing 12 CONSENT to Jurisdiction by US Magistrate Judge submitted by all parties. (jae)
March 22, 2011 Filing 11 ANSWER to #1 Complaint by Real Time Staffing Services, Inc..(Mulroy, James)
March 22, 2011 Filing 10 SETTING LETTER: Scheduling Conference set for 4/26/2011 09:30 AM in Courtroom 5 - Memphis before Magistrate Judge Diane K. Vescovo. Please email the proposed joint scheduling order to ECF_Judge_Vescovo@tnwd.uscourts.gov by Wednesday, 4/20/2011. If the order is approved and filed, the conference will be canceled.Please see Judge Vescovo's Rule 16(b) instructions and form order (Rev. 3/1/2010) at www.tnwd.uscourts.gov.(crk)
February 23, 2011 Filing 9 Magistrate Judge Diane K. Vescovo added. Magistrate Judge Charmiane G. Claxton no longer assigned to case. Consent form mailed to filer.
February 18, 2011 Opinion or Order Filing 8 ORDER granting #7 Motion for Extension of Time to Answer re #1 Complaint Real Time Staffing Services, Inc. answer due 3/22/2011. TEXT ORDER ONLY. Signed by Magistrate Judge Charmiane G. Claxton on 2/18/2011. (Claxton, Charmiane)
February 18, 2011 Filing 7 Joint MOTION for Extension of Time to File Answer re #1 Complaint by Real Time Staffing Services, Inc.. (Mulroy, James)
February 18, 2011 Filing 6 NOTICE of Appearance by Pamela R. Irons on behalf of Real Time Staffing Services, Inc. (Irons, Pamela)
February 18, 2011 Filing 5 NOTICE of Appearance by James R. Mulroy, II on behalf of Real Time Staffing Services, Inc. (Mulroy, James)
January 26, 2011 Filing 4 Summons Issued as to Real Time Staffing Services, Inc.. Summons returned to filer electronically in order to effect service. (Nabors, Willie)
January 26, 2011 Filing 3 Magistrate Judge Charmiane G. Claxton added. Consent form mailed to filer. (Nabors, Willie)
January 25, 2011 Filing 2 NOTICE of Appearance by Jonathan L. Bobbitt on behalf of Gaylus Bailey (Bobbitt, Jonathan)
January 25, 2011 Filing 1 COMPLAINT against Real Time staffing Services, Inc d/b/a Select Staffing (Filing fee $ 350 receipt number 0651-1205738), filed by Gaylus Bailey. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Gilbert, Justin)

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Plaintiff: Gaylus Bailey
Represented By: Justin Gilbert
Represented By: Jessica Farris Salonus
Represented By: Jonathan L. Bobbitt
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Defendant: Real Time Staffing Services, Inc.
Represented By: Whitney K. Fogerty
Represented By: Donald Eugene Hayes, Jr.
Represented By: Pamela R. Irons
Represented By: James R. Mulroy, II
Represented By: Robbin W. Hutton
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