Franklin v. City of Memphis (Fire Department)
| Bridgette Franklin |
| City of Memphis (Fire Department) |
| 2:2019cv02746 |
| October 31, 2019 |
| US District Court for the Western District of Tennessee |
| Annie T Christoff |
| John T Fowlkes |
| Diane K Vescovo |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 Job Discrimination (Race) |
| Plaintiff |
Docket Report
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| Filing 59 USCA Case Number 22-5069 for #58 Notice of Appeal filed by Bridgette Franklin. (agj) |
| Filing 58 NOTICE OF APPEAL as to #56 Order on Motion for Summary Judgment, Order on Motion to Strike, #57 Judgment by Bridgette Franklin. Filing fee $ 505, receipt number ATNWDC-3795753. (Morris, Herman) |
| Filing 57 JUDGMENT. Signed by Magistrate Judge Annie T. Christoff on 12/30/2021. (mpk) |
Filing 56
ORDER GRANTING #44 MOTION FOR SUMMARY JUDGMENT; GRANTING IN PART AND DENYING IN PART #51 MOTION TO STRIKE. Signed by Magistrate Judge Annie T. Christoff on 12/30/2021. (mpk)
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Filing 55
ORDER GRANTING #54 JOINT MOTION FOR RELIEF FROM SCHEDULING ORDER. Signed by Magistrate Judge Annie T. Christoff on 10/21/2021. (mpk)
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| Filing 54 MOTION Joint Motion For Relief From Scheduling Order And/Or To Extend Trial Date by City of Memphis (Fire Department). (Foster, Freeman) |
| Filing 53 REPLY to Response to Motion re #48 Reply to Response to Motion To Strike Plaintiff's Response to MSJ filed by Bridgette Franklin. (Morris, Herman) |
| Filing 52 RESPONSE in Opposition re #49 Second MOTION for Summary Judgment Memorandum in Opposition Exhibit 2 to Plaintiffs Response in Opposition toe Defendants Motion for Summary Judgment filed by Bridgette Franklin. (Morris, Herman) |
| Filing 51 MOTION to Strike by City of Memphis (Fire Department). (Foster, Freeman) |
| Filing 50 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #49 Second MOTION for Summary Judgment Memorandum in Opposition filed by Bridgette Franklin has been filed. For future reference, please note Attachment 2, Exhibit Mitchell Application detail, is unreadable. Please resubmit. Please refer to the #ECF User Manual and #ECF Policies and Procedures. (csf) |
| Filing 49 Second MOTION for Summary Judgment Memorandum in Opposition by All Plaintiffs. (Attachments: #1 Exhibit Interrogatories and Request to Produce, #2 Exhibit Mitchell Application detail)(Morris, Herman) |
| Filing 48 REPLY to Response to Motion re #46 Response in Opposition to Motion, filed by City of Memphis (Fire Department). (Attachments: #1 Exhibit Exhibit A to Reply)(Foster, Freeman) |
| Filing 47 RESPONSE to Motion re #44 MOTION for Summary Judgment Notices filed by All Plaintiffs. (Attachments: #1 Memorandum, #2 Affidavit, #3 Affidavit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Morris, Herman) |
| Filing 46 RESPONSE in Opposition re #44 MOTION for Summary Judgment filed by All Plaintiffs. (Attachments: #1 Memorandum Memorandum In Opposition to Motion For Summary Judgement, #2 Affidavit Declaration of Fred Cotton, #3 Affidavit Declaration of Bridgette Franklin, #4 Exhibit Airmask Mechanic Job Description, #5 Exhibit EEOC Charge 1, #6 Exhibit EEOC Charge 2, #7 Exhibit EEOC Charge)(Morris, Herman) |
| Filing 45 NOTICE by City of Memphis (Fire Department) Notice of Filing (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement, #5 Supplement)(Foster, Freeman) |
| Filing 44 MOTION for Summary Judgment by City of Memphis (Fire Department). (Attachments: #1 Memorandum City of Memphis' Memorandum in Support of Its Motion for Summary Judgment, #2 Supplement City of Memphis' Statement of Undisputed Facts, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I)(Foster, Freeman) |
| Filing 43 NOTICE by City of Memphis (Fire Department) (Foster, Freeman) |
| Filing 42 SETTING LETTER: Jury Trial set for 11/15/2021 09:30 AM before Magistrate Judge Annie T. Christoff. Pretrial Conference set for 11/1/2021 10:30 AM before Magistrate Judge Annie T. Christoff. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Vallonda Pettway at Vallonda_Pettway@tned.uscourts.gov for any questions. (vup) |
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Filing 41
ORDER GRANTING #40 JOINT MOTION FOR RELIEF FROM SCHEDULING ORDER; ORDER RESETTING TRIAL AND PRETRIAL DATES. Signed by Magistrate Judge Annie T. Christoff on 12/10/2020. (jad)
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| Filing 40 MOTION Scheduling Order re #23 Scheduling Order,, by City of Memphis (Fire Department). (Foster, Freeman) |
| Filing 39 MEDIATION CERTIFICATION (Harris, Linda) |
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Filing 38
ORDER TO SHOW CAUSE. Show Cause Response due by 11/30/2020. Signed by Magistrate Judge Annie T. Christoff on 11/23/2020. (jad)
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| Filing 37 RESPONSE to Discovery Request from City of Memphis by Bridgette Franklin.(Morris, Herman) |
| Filing 36 NOTICE by City of Memphis (Fire Department) (Foster, Freeman) |
| Filing 35 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #34 Response to Discovery filed by Bridgette Franklin has been filed. For future reference, please note discovery is not filed in this court. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (agj) |
| Filing 34 RESPONSE to Discovery Request from DEFENDANT by Bridgette Franklin.(Morris, Herman) |
| Filing 33 NOTICE by City of Memphis (Fire Department) City of Memphis' Notice of Service of Discovery Requests to Plaintiff (Foster, Freeman) |
| Filing 32 Pursuant to Admin. Order 2020-31 case reassigned to Magistrate Judge Annie T. Christoff for all further proceedings. (agj) |
| Filing 31 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #30 Response to Discovery filed by Bridgette Franklin, #29 Request for Production of Documents filed by Bridgette Franklin, #28 Interrogatories Propounded filed by Bridgette Franklin has been filed. For future reference, please note discovery is not filed. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (agj) |
| Filing 30 RESPONSE to Discovery Request from City of Memphis by Bridgette Franklin.(Morris, Herman) |
| Filing 29 REQUEST for Production of Documents by Bridgette Franklin.(Morris, Herman) |
| Filing 28 INTERROGATORIES Propounded to Defendant by Bridgette Franklin.(Morris, Herman) |
| Filing 27 STIPULATION re 5 Notice to Comply with Plan for Alternate Dispute Resolution, #23 Scheduling Order,, OF SELECTION OF MEDIATOR by City of Memphis (Fire Department). (Foster, Freeman) |
| Filing 26 NOTICE by City of Memphis (Fire Department) of Service of Rule 26(a)(1) Initial Disclosures (Foster, Freeman) |
| Judge Unassigned 7 added. Chief Magistrate Judge Diane K. Vescovo no longer assigned to case. (jae) |
| Filing 25 NOTICE of Appearance by Herman Morris, Jr on behalf of Bridgette Franklin (Morris, Herman) |
| Filing 24 Notice of Setting: Jury Trial set for 5/10/2021 at 9:30 AM in Courtroom 5 - Memphis before Chief Magistrate Judge Diane K. Vescovo. Pretrial Conference set for 4/26/2021 at 10:00 AM in Courtroom 5 - Memphis before Chief Magistrate Judge Diane K. Vescovo. Proposed Pretrial Order due by 4/16/2021. (cas) |
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Filing 23
SCHEDULING ORDER: Final Pretrial Conference set for 4/26/2021 10:00 AM in Courtroom 5 - Memphis before Chief Magistrate Judge Diane K. Vescovo. ADR deadline is 9/28/2020. Amended Pleadings due by 8/26/2020. Discovery due by 12/7/2020. Joinder of Parties due by 8/26/2020. Submission of selected mediator due by 5/11/2020. Motions due by 9/28/2020. Proposed Pretrial Order due by 4/16/2021. Jury Trial set for 5/11/2021 09:30 AM in Courtroom 5 - Memphis before Chief Magistrate Judge Diane K. Vescovo. Signed by Chief Magistrate Judge Diane K. Vescovo on 4/27/2020. (Vescovo, Diane)
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| Filing 22 Minute Entry for proceedings held before Chief Magistrate Judge Diane K. Vescovo: Scheduling Conference held on 4/27/2020. Counsel for the parties present via telephone. Proposed scheduling order submitted. Mediator selection deadline set for 5/11/2020. Trial Date set for 5/10/2021, Pretrial Conference set for 4/26/2021 and the Pretrial Order due 4/16/2021. The Court will enter the scheduling order. (Plaintiffs Counsel: Herman Morris. Defendants counsel: Freeman Foster & Lan Chen.) (Tape #CD.) (cas) |
| Filing 21 Notice of Resetting. The Scheduling Conference has been RESET for 4/27/2020 09:00 AM before Chief Magistrate Judge Diane K. Vescovo. Please dial the conference line at 877-336-1274, enter access code 9677009 and security code 192746 at least 5 minutes before the start of the conference. *TEXT NOTICE ONLY - THERE IS NO IMAGE ASSOCIATED WITH THIS NOTICE*(cas) |
| Filing 20 Notice of Resetting: Pursuant to Administrative Order 20-12 the Scheduling Conference set for 3/30/2020 has been RESET for 4/24/2020 at 1:00 PM in Courtroom 5 - Memphis before Chief Magistrate Judge Diane K. Vescovo. *TEXT NOTICE ONLY - THERE IS NO IMAGE ASSOCIATED WITH THIS NOTICE*(cas) |
| Filing 19 "Notice of Resetting: The Scheduling Conference set for 3/30/2020 at 1:30 PM has been RESET for 2:00 PM in Courtroom 6 before Chief Magistrate Judge Diane K. Vescovo.(vup) |
| Filing 18 Minute Entry for proceedings held before Chief Magistrate Judge Diane K. Vescovo: Scheduling Conference was to be held on 2/25/2020. Bridgette Franklin appeared Pro Se. Freeman Foster and Lan Chen appeared for the Defense. Plaintiff to retain counsel. Scheduling Conference reset for 3/30/2020 01:30 PM in Courtroom 5 - Memphis before Chief Magistrate Judge Diane K. Vescovo. (Tape #FTR.) (vup) |
| Filing 17 Notice of Setting. A Scheduling Conference has been set for 2/25/2020 at 9:30 AM in Courtroom 5 - Memphis before Chief Magistrate Judge Diane K. Vescovo. *TEXT NOTICE ONLY - THERE IS NO IMAGE ASSOCIATED WITH THIS NOTICE*(cas) |
| Filing 16 Chief Magistrate Judge Diane K. Vescovo added. (jld) |
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Filing 15
ORDER REASSIGNING CASE. Judge John T. Fowlkes, Jr no longer assigned to case, signed by Judge John T. Fowlkes, Jr. on 1/30/2020. (Attachments: #(1)Exhibit Parties' Consent Form)(Fowlkes, J.) (Main Document 15 replaced on 2/27/2020) (jtf).
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| Filing 14 SETTING LETTER: [TEXT ONLY - NO IMAGE ATTACHED] Status Conference set for Friday, 2/28/2020 09:30 AM in Courtroom 3 - Memphis before Judge John T. Fowlkes Jr.. (wrh) |
| Filing 13 Minute Entry for proceedings held before Judge John T. Fowlkes, Jr.: Scheduling Conference held on 1/29/2020. Both Parties present in Court. Plaintiff is seeking to retain counsel. The Court will continue the Scheduling Conference allowing time for Plaintiff to retain counsel. Parties DO consent to trial before the Magistrate Judge. Parties are to submit proper consent documentation to the Court in order for the case to be transferred & the upon the case being transferred the Parties are to submit a Proposed Scheduling order to the Magistrate Judge. The Court sets the case Friday, 02/28/2020 at 9:30 a.m. for Attorney Status Conference date. (Plaintiff: Pro Se)(Defense: Freeman B. Foster, Lan Chen) (Court Reporter Mark Dodson.) (wrh) |
| Filing 12 SETTING LETTER: A Scheduling Conference is set for Wednesday, 1/29/2020 at 9:30 AM in Courtroom 3 - Memphis before Judge John T. Fowlkes, Jr. A JOINT proposed scheduling order in WORD format should be submitted at least 4 days prior to the scheduling conference to the ECF propdocs email address, ECF_Judge_Fowlkes@tnwd.uscourts.gov. Please follow Judge Fowlkes' scheduling guidelines ON JUDGE FOWLKES' WEBSITE @https://connection.tnwd.circ6.dcn. Counsel should be prepared to set case deadlines and discuss case status and all pending motions at the conference. Following the scheduling conference, the approved order will be filed by the Case Manager. (ljf) |
| Filing 11 City of Memphis' ANSWER to Complaint by City of Memphis (Fire Department).(Foster, Freeman) |
| Filing 10 NOTICE of Appearance by Lan Chen on behalf of City of Memphis (Fire Department) (Chen, Lan) |
| Filing 9 NOTICE of Appearance by Freeman B. Foster on behalf of City of Memphis (Fire Department) (Foster, Freeman) |
| Filing 8 SUMMONS Returned Executed by Bridgette Franklin as to City of Memphis (Fire Department). (agj) |
| Filing 7 Summons Issued as to City of Memphis (Fire Department). (btg) |
| Filing 6 NOTICE: Declined agreement to receive notice of electronic filing (NEF) by Bridgette Franklin (csf) |
| Filing 5 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (csf) |
| Filing 4 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (csf) |
| Filing 3 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (csf) |
| Filing 2 Case initiation fee: PAID $ 400.00, receipt number M4676043952 (csf) |
| Filing 1 PRO SE COMPLAINT Under Title VII of the Civil Rights Act of 1964 Pursuant to 42 U.S.C. 2000ra filed by Bridgette Franklin against City of Memphis (Fire Department). (Attachments: #1 EEOC Notice of Right to Sue and Charge of Discrimination, #2 Judicial Cards)(csf) |
| Pursuant to Administrative Order 2013-05, this case has been assigned to the United States magistrate judge for management of all pretrial matters. Pursuant to Local Rule 4.1(b)(1), the plaintiff shall present the Clerk with a properly completed summons for each defendant, and the Clerk shall issue the summons(es) to the plaintiff for service on the defendant(s). (csf) |
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| Defendant: City of Memphis (Fire Department) | |
| Represented By: | Lan Chen |
| Represented By: | Freeman B. Foster |
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| Plaintiff: Bridgette Franklin | |
| Represented By: | Herman Morris, Jr |
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