Benson v. Tyson Foods Inc

Benson v. Tyson Foods Inc

Plaintiff:	Vanity Benson
Defendant:	Tyson Foods Inc and Crown Equipment Corporation
Not Classified By Court:	Walter E Parker and Karen Hubbard
Case Number:	4:2014cv00121
Filed:	February 26, 2014
Court:	US District Court for the Eastern District of Texas
Office:	Sherman Office
County:	Grayson
Presiding Judge:	Kimberly C Priest Johnson
Nature of Suit:	Other Personal Injury
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on May 23, 2018. A more recent docket listing may be available from PACER.

Date Filed	Document Text
May 23, 2018	Filing 123 USCA JUDGMENT ISSUED AS A MANDATE of USCA as to #121 Notice of Appeal filed by Vanity Benson. It is ordered and adjudged that the judgment of the District Court is affirmed. IT IS FURTHER ORDERED that each party bear its own costs on appeal. (kls, )
March 22, 2017	Certified and Electronically Transmitted Record on Appeal to US Court of Appeals re #121 Notice of Appeal (pad, )
March 14, 2017	Filing 122 TRANSCRIPT REQUEST indicating transcript is already on file in Clerk's office by Vanity Benson (Sanford, Brian) Modified on 3/14/2017 (dlc, ).
February 21, 2017	USCA Case Number 17-40161 for #121 Notice of Appeal filed by Vanity Benson. (pad, )
February 14, 2017	Filing 121 NOTICE OF APPEAL as to #119 Memorandum & Opinion, Order, #120 Order on Motion for Miscellaneous Relief, #109 Judgment, by Vanity Benson. Filing fee $ 505, receipt number 0540-6154930. (Sanford, Brian)
February 10, 2017	Filing 120 ORDER - Before the Court is Plaintiff's Unopposed Motion for Leave to Interview Jurors Post-Trial (Dkt. #115 ). Having considered the motion, and in light of the length of time since the trial ended and the fact that Plaintiff's motion for a new trial was denied (see Dkt. 119), the Court finds the instant motion (Dkt. #115 ) should be DENIED. Signed by Magistrate Judge Kimberly C Priest Johnson on 2/9/2017. (baf, )
February 9, 2017	Filing 119 MEMORANDUM OPINION AND ORDER REGARDING PLAINTIFF'S MOTION FOR NEW TRIAL re #116 MOTION for New Trial of Claim Under the Americas with Disabilities Act, filed by Vanity Benson. Plaintiff has failed to show she is entitled to the extraordinary relief provided for in Rule 59(e). Templet, 367 F.3d at 478. It is therefore ORDERED that Plaintiff's Motion for New Trial (Dkt. 116) is hereby DENIED. Signed by Magistrate Judge Kimberly C Priest Johnson on 2/8/2017. (kls, )
January 26, 2017	Filing 118 REPLY to Response to Motion re #116 MOTION for New Trial filed by Vanity Benson. (Sanford, Brian)
January 19, 2017	Filing 117 RESPONSE in Opposition re #116 MOTION for New Trial filed by Tyson Foods Inc. (Attachments: #1 Text of Proposed Order Denying Plaintiff's Motion for New Trial)(Fisher, Brian)
January 5, 2017	Filing 116 MOTION for New Trial by Vanity Benson. (Attachments: #1 Exhibit Trial Transcript, Volume 1, #2 Exhibit Trial Transcript, Volume 2, #3 Exhibit Trial Transcript, Volume 3, #4 Exhibit Trial Transcript, Volume 4, #5 Exhibit Trial Transcript, Volume 5, #6 Exhibit Plaintiff's Exhibit 7, #7 Exhibit Plaintiff's Exhibit 13, #8 Exhibit Plaintiff's Exhibit 31, #9 Text of Proposed Order Granting New Trial)(Sanford, Brian)
January 4, 2017	Filing 115 Unopposed MOTION for Leave to Interview Jurors Post-trial by Vanity Benson. (Attachments: #1 Text of Proposed Order Proposed Order Granting Leave to Interview Jurors Post-Trial)(Sanford, Brian)
December 15, 2016	Filing 114 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Volume 5 of 5 held on 10/14/2016 before Judge Priest Johnson. Court Reporter/Transcriber: Bryn & Associates,Telephone number: 903/712-2273. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/8/2017. Redacted Transcript Deadline set for 1/18/2017. Release of Transcript Restriction set for 3/18/2017. (pad, )
December 15, 2016	Filing 113 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Volume 4 of 5 held on 10/13/2016 before Judge Priest Johnson. Court Reporter/Transcriber: Bryn & Associates,Telephone number: 903/712-2273. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/8/2017. Redacted Transcript Deadline set for 1/18/2017. Release of Transcript Restriction set for 3/18/2017. (pad, )
December 15, 2016	Filing 112 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Volume 3 of 5 held on 10/12/2016 before Judge Priest Johnson. Court Reporter/Transcriber: Bryn & Associates,Telephone number: 903/712-2273. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/8/2017. Redacted Transcript Deadline set for 1/18/2017. Release of Transcript Restriction set for 3/18/2017. (pad, )
December 15, 2016	Filing 111 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Volume 2 of 5 held on 10/11/2016 before Judge Priest Johnson. Court Reporter/Transcriber: Bryn & Associates,Telephone number: 903/712-2273. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/8/2017. Redacted Transcript Deadline set for 1/18/2017. Release of Transcript Restriction set for 3/18/2017. (pad, )
December 15, 2016	Filing 110 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial- Volume 1 of 5 held on 10/11/2016 thru 10/14/2016 before Judge Priest Johnson. Court Reporter/Transcriber: Bryn & Associates,Telephone number: 903/712-2273. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/8/2017. Redacted Transcript Deadline set for 1/18/2017. Release of Transcript Restriction set for 3/18/2017. (pad, )
December 8, 2016	Filing 109 FINAL JUDGMENT in favor of Tyson Foods Inc against Vanity Benson. IT IS FURTHER ORDERED that all taxable costs of court are taxed against Plaintiff Vanity Benson. All relief requested by any party to this action not expressly granted herein is DENIED. Signed by Magistrate Judge Kimberly C Priest Johnson on 12/8/2016. (pad, )
November 29, 2016	Filing 108 RESPONSE to #107 Notice (Other) of Filing Proposed Final Judgment filed by Vanity Benson. (Sanford, Brian)
November 15, 2016	Filing 107 NOTICE by Tyson Foods Inc OPPOSED NOTICE OF FILING PROPOSED FINAL JUDGMENT (Attachments: #1 Exhibit A)(Fisher, Brian)
October 24, 2016	Filing 106 Digital Audio Recording Request by David E Mack for proceedings held on October 11, 2016 through October 14, 2016 before Judge Johnson. (cm, )
October 14, 2016	Filing 105 SEALED Jury Notes. (Attachments: #1 Note prior to deliberation)(ttm, )
October 14, 2016	Filing 104 Sealed Non-Redacted Verdict Form (ttm, )
October 14, 2016	Filing 103 Redacted JURY VERDICT. (ttm, )
October 14, 2016	Filing 102 Jury Instructions - Charge of the Court. (ttm, )
October 14, 2016	Filing 101 Admitted Exhibits List by Tyson Foods Inc.. (ttm, ) (Additional attachment(s) added on 10/28/2016: #1 Exhibit 1, #2 Exhibit 7, #3 Exhibit 13, #4 Exhibit 14, #5 Exhibit 16, #6 Exhibit 17, #7 Exhibit 22, #8 Exhibit 24, #9 Exhibit 26, #10 Exhibit 28, #11 Exhibit 29, #12 Exhibit 30, #13 Exhibit 31, #14 Exhibit 33, #15 Exhibit 35, #16 Exhibit 42, #17 Exhibit 43, #18 Exhibit 52, #19 Exhibit 57, #20 Exhibit 62, #21 Exhibit 66, #22 Exhibit 107, #23 Exhibit 110, #24 Exhibit 120, #25 Exhibit 133, #26 Exhibit 135, #27 Exhibit 142, #28 Exhibit 145, #29 Exhibit 146, #30 Exhibit 153, #31 Exhibit 154) (ttm, ).
October 14, 2016	Filing 100 Admitted Exhibits List by Vanity Benson. (ttm, ) (Additional attachment(s) added on 10/28/2016: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 17, #14 Exhibit 26, #15 Exhibit 30, #16 Exhibit 31, #17 Exhibit 33, #18 Exhibit 34, #19 Exhibit 36, #20 Exhibit 38, #21 Exhibit 39, #22 Exhibit 45, #23 Exhibit 52, #24 Exhibit 53, #25 Exhibit 54, #26 Exhibit 56 - Photo only of DVDs) (ttm, ).
October 14, 2016	Filing 99 Trial Witness List by Tyson Foods Inc. (ttm, )
October 14, 2016	Filing 98 Trial Witness List by Vanity Benson. (ttm, )
October 14, 2016	Filing 97 Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Jury Trial (Day 4) completed on 10/14/2016. Verdict reached. (Court Reporter Jennifer Ryan - Bryn & Associates.) (ttm, )
October 13, 2016	Filing 96 ORAL ORDER denying 95 Motion for Judgment as a Matter of Law entered by Magistrate Judge Kimberly C Priest Johnson on 10/13/16 in open court. (ttm, )
October 13, 2016	Filing 95 ORAL MOTION for Judgment as a Matter of Law by Tyson Foods Inc made in open court on 10/13/16 by Robert Rickman. (ttm, )
October 13, 2016	Filing 94 Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Jury Trial (Day 3) held on 10/13/2016, Oral Motion for Judgment as matter of law made by Robert Rickman. ORAL Order denying Oral Motion for Judgment as matter of law. ( Jury Trial to reconvene Friday, 10/14/2016 09:00 AM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson.). (Court Reporter Jennifer Ryan - Bryn & Associates.) (ttm, )
October 13, 2016	Filing 93 Proposed Jury Instructions by Tyson Foods Inc. (Fisher, Brian)
October 12, 2016	Filing 92 Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Jury Trial (Day 2) held on 10/12/2016, ( Jury Trial to reconvene Wednesday, 10/13/2016 09:00 AM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson.). (Court Reporter Jennifer Ryan - Bryn & Associates.) (ttm, )
October 12, 2016	Filing 91 RESPONSE to #86 Trial Brief Concerning Mitigation filed by Tyson Foods Inc. (Mayer, Zachary)
October 12, 2016	Filing 90 *DEFICIENT DOCUMENT - ATTORNEY MUST REFILE*TRIAL BRIEF Response to Plaintiff's Trial Brief Concerning Mitigation by Tyson Foods Inc. (Mayer, Zachary) Modified on 10/12/2016 (baf, ).
October 12, 2016	NOTICE of Deficiency regarding the RESPONSE submitted DOCUMENT #90 - INCORRECT DOCKET EVENT USED. Correction should be made by ONE BUSINESS DAY (baf, )
October 11, 2016	Filing 89 Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Voir Dire held on 10/11/2016, Jury Selection held on 10/11/2016, Jury Trial (Day 1) held on 10/11/2016, ( Jury Trial reconvenes on Wednesday, 10/12/2016 09:00 AM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson.). (Court Reporter Jennifer Ryan.) (ttm, )
October 11, 2016	Filing 88 JOINT FINAL PRE-TRIAL ORDER. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/11/2016. (baf, )
October 11, 2016	Filing 87 ORDER - This matter being scheduled for jury trial beginning October 12, 2016, the Court held a final pretrial hearing on October 7, 2016. At the hearing, the Court heard argument regarding Defendant Tyson Foods Inc.s outstanding objections to Plaintiffs deposition designations. The Court having considered the objections makes the following findings: Alvin Ethridge, from 56:20 to 57:5 Overruled. John Kyker, from 8:20 to 8:23 Sustained as to line 22 only; overruled in all other respects. John Kyker, from 40:8 to 41:11 Sustained. Jessie Liles, from 61:12 to 61:23 Overruled. Thomas Lang, from 77:13 to 78:19 Sustained. Thomas Lang, 82:19 to 83:16 Overruled. Thomas Lang, from 90:1 to 91:25 Overruled. The Court also considered the parties requested additions to the Confidential Juror Questionnaire and determined that because the requested additional questions are case-specific, they will not be added. However, counsel may ask the questions during voir dire. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/11/2016. (baf, )
October 11, 2016	Filing 86 TRIAL BRIEF on Mitigation of Damages by Vanity Benson. (Sanford, Brian)
October 10, 2016	Filing 85 Exhibit List Amended Trial by Tyson Foods Inc.. (Fisher, Brian)
October 10, 2016	Filing 84 TRIAL BRIEF Regarding Gross Negligence by Tyson Foods Inc. (Fisher, Brian)
October 10, 2016	Filing 83 TRIAL BRIEF Regarding Future Medical Care Expenses by Tyson Foods Inc. (Fisher, Brian)
October 10, 2016	Filing 82 TRIAL BRIEF Regarding Plaintiff's Claim for Back Pay Benefits and Loss of Earning Capacity by Tyson Foods Inc. (Attachments: #1 Exhibit A)(Mayer, Zachary)
October 10, 2016	Filing 81 TRIAL BRIEF Regarding Exclusion of Expert Testimony by Tyson Foods Inc. (Mayer, Zachary)
October 7, 2016	Filing 80 Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Final Pretrial Conference held on 10/7/2016. (Court Reporter Lori Barnett - Bryn & Associates.) (ttm, )
October 7, 2016	Filing 79 NOTICE of Attorney Appearance by Robert Lawrence Rickman on behalf of Tyson Foods Inc (Rickman, Robert)
October 7, 2016	Filing 78 ORDER REGARDING TRIAL EXHIBTS. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/6/2016. (baf, )
October 7, 2016	Filing 77 ORDER - IT IS THEREFORE ORDERED that Defendant submit to the Court copies of all deposition transcripts to which it has an objection with the objected-to portions highlighted and also submit to the Court an exhibit list containing the information in the form available under the Forms and Application section of the Courts website, located at www.txed.uscourts.gov, or at the clerks office. The above-referenced documents must be filed no later than October 7, 2016. Defendant shall also bring copies of same to the Final Pretrial Conference October 7, 2016, at 2:00 p.m.. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/6/2016. (baf, )
October 6, 2016	Filing 76 RESPONSE to #62 Response to Non-Motion Defendant's Objections to Plaintiff's Exhibit List filed by Vanity Benson. (Sanford, Brian)
October 6, 2016	Filing 75 Exhibit List by Tyson Foods Inc.. (Fisher, Brian)
October 6, 2016	Filing 74 Trial Witness List by Tyson Foods Inc. (Fisher, Brian)
October 3, 2016	Filing 73 NOTICE by Vanity Benson Joint Notice of Objections and Additions to Jury Questionnaire (Sanford, Brian)
September 30, 2016	Filing 72 ORDER re #71 Agreed MOTION to Continue Pretrial Hearing filed by Vanity Benson. Before the Court is the parties' Agreed Motion to Continue Pretrial Hearing (Dkt. 71). Having considered the motion, the Court finds the motion should be GRANTED. IT IS THEREFORE ORDERED that the Pretrial Conference and Hearing set for October 5, 2016, is cancelled and reset to October 7, 2016, at at 2:00 p.m. Signed by Magistrate Judge Kimberly C Priest Johnson on 9/30/2016. (kls, )
September 29, 2016	Filing 71 Agreed MOTION to Continue Pretrial Hearing by Vanity Benson. (Attachments: #1 Text of Proposed Order Proposed Order Granting Agreed Motion to Continue Pretrial Hearing)(Sanford, Brian)
September 20, 2016	Filing 70 ORDER REGARDING JURY QUESTIONNAIRE - The Court intends to use a juror questionnaire during voir dire at the upcoming trial on October 11, 2016. The Court will send the proposed questionnaire via electronic mail to all attorneys of record. Counsel should immediately review the questionnaire and submit to the Court a joint notice of any objections or requested additions by October 3, 2016. Counsel are also reminded that the questionnaire is confidential and should not be disseminated without permission of the undersigned. Signed by Magistrate Judge Kimberly C Priest Johnson on 9/20/0216. (baf, )
September 15, 2016	Filing 69 GENERAL ORDER REGARDING PENDING CIVIL TRANSFERS. It is ORDERED that the following pending cases are transferred in light of U.S. Magistrate Judge Kimberly C Priest Johnson succeeding U.S. Magistrate Judge Don D. Bush upon Judge Bush's retirement. Case reassigned to Magistrate Judge Kimberly C Priest Johnson for all further proceedings. Magistrate Judge Don D. Bush no longer assigned to case. Signed by Judge Ron Clark on 9/14/2016. (baf, ) (Main Document 69 replaced on 9/15/2016) (pad, ).
September 2, 2016	NOTICE *CHANGING TIME ONLY* for Hearings set October 11, 2016:Voir Dire, Jury Selection and Jury Trial set for Tuesday 10/11/2016 *TIME IS CHANGED TO 09:30 AM* in Ctrm 108 (Plano)before Magistrate Judge Kimberly C Johnson. (ttm, )
September 2, 2016	REVISED NOTICE of Hearing: Final Pretrial Conference and Hearing on Objections #62 . #63 and #64 is set for Wednesday, 10/5/2016 02:00 PM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Johnson. (ttm, )
August 29, 2016	NOTICE RESETTING FINAL PRETRIAL CONFERENCE AND OBJECTIONS HEARINGS: Final Pretrial Conference and Objections Hearing RESET to Wednesday 10/5/2016 02:00 PM in Ctrm 108 (Plano) before Magistrate Judge Kimberly P Johnson. (ttm, )
August 22, 2016	Filing 68 Exhibit List First Amended by Vanity Benson.. (Sanford, Brian)
August 22, 2016	Filing 67 Proposed Jury Instructions by Vanity Benson. (Sanford, Brian)
August 17, 2016	NOTICE CANCELLING HEARINGS BEFORE JUDGE DON D BUSH. Objection hearing set 8/22/15 at 2:00 is CANCELLED. Voir dire, jury selection and jury trial set 8/23/26 before Judge Don Bush is CANCELLED. Case will be reset before Magistrate Judge Kimberly P. Johnson. (ttm, ) Modified on 8/17/2016 (ttm, ).
August 17, 2016	NOTICE RESETTING Pretrial Conference, Voir Dire, Jury Selection and Jury Trial before Magistrate Judge Kimberly P Johnson: Final Pretrial Conference set for Friday 10/4/2016 02:30 PM in Ctrm 108 (Plano) before Magistrate Judge Kimberly P. Johnson. Voir Dire, Jury Selection and Jury Trial set for Monday, 10/10/2016 09:00 AM in Ctrm 108 (Plano) before Magistrate Judge Kimberly P. Johnson. (ttm, )
August 17, 2016	AMENDED NOTICE of Hearing:Pretrial Conference set for Tuesday, 10/4/2016 02:30 PM in Ctrm 108 (Plano) -before Magistrate Judge Kimberly P. Johnson. Voir Dire, Jury Selection and Jury Trial set for Tuesday, 10/11/2016 09:00 AM in Ctrm 108 (Plano) -before Magistrate Judge Kimberly P. Johnson.(snh, )
July 7, 2016	Filing 66 ORDER REGARDING TRIAL MATTERS - The Court will hold a hearing on Defendant's late-filed objections on Monday, July 11, 2016 at 2:00 PM in Ctrm 108 (Plano) - Bush before Magistrate Judge Don D. Bush. At that time, the Court will consider whether said objections were filed in good faith. There will be no unnecessary delays in the trial proceedings. Signed by Magistrate Judge Don D. Bush on 7/6/2016. (baf, )
July 7, 2016	NOTICE *RESETTING* Hearing: HEARING ON OBJECTIONS filed 7/1/16 is reset to Monday 8/22/2016 02:00 PM in Ctrm 108 (Plano) before Magistrate Judge Don D. Bush. (ttm, )
July 7, 2016	NOTICE RESETTING VOIR DIRE, JURY SELECTION AND JURY TRIAL: Voir Dire, Jury Selection and Jury Trial RESET to Tuesday, 8/23/2016 09:00 AM in Ctrm 108 (Plano) before Magistrate Judge Don D. Bush. (ttm, )
July 6, 2016	Filing 65 MEMORANDUM OPINION AND ORDER - Defendants Motion for Summary Judgment (Dkt. 41) and Amended Motion for Summary Judgment (Dkt. 50) on Plaintiffs negligence and premises liability claims and on her ADA discriminatory termination claim are DENIED, and these claims shall proceed to trial. Tyson has failed to prove that there are no genuine issues of material fact for trial, as is its burden on summary judgment. See Provident Life & Accident Ins. Co. v. Goel, 274 F.3d 984, 991. As discussed above, because Plaintiff has abandoned her hostile work environment claim (see Dkt. 53), that claim is dismissed with prejudice. Signed by Magistrate Judge Don D. Bush on 7/6/2016. (baf, )
July 1, 2016	Filing 64 RESPONSE to #51 Witness List (Objections to Plaintiff's Witness List) filed by Tyson Foods Inc. (Fisher, Brian)
July 1, 2016	Filing 63 RESPONSE to (Objections to Plaitiff's Depo Designations) filed by Tyson Foods Inc. (Fisher, Brian)
July 1, 2016	Filing 62 RESPONSE to #52 Exhibit List (Objections to Plaintiff's Exhibit List filed by Tyson Foods Inc. (Fisher, Brian) (Additional attachment(s) added on 7/5/2016: #1 Exhibit 1) (baf, ).
June 28, 2016	Filing 61 Minute Entry for proceedings held before Magistrate Judge Don D. Bush: Final Pretrial Conference held on 6/28/2016. (Court Reporter Bryn & Associates - Tess Neighbors.) (ttm, )
June 8, 2016	Filing 60 Proposed Pretrial Order - Joint by Vanity Benson. (Sanford, Brian) (Additional attachment(s) added on 6/9/2016: #1 Text of Proposed Order) (baf, ).
June 8, 2016	Filing 59 Proposed Jury Instructions by Vanity Benson. (Sanford, Brian)
May 20, 2016	NOTICE *CORRECTING TIME* of Final Pretrial Conference Hearing: Final Pretrial Conference set for 6/28/2016 is * 02:00 PM * in Ctrm 108 (Plano) before Magistrate Judge Don D. Bush. (ttm, )
February 26, 2016	Filing 58 SUR-REPLY to Reply to Response to Motion re #50 Amended MOTION for Summary Judgment and Brief In Support filed by Vanity Benson. (Sanford, Brian)
February 25, 2016	Filing 57 FOURTH AMENDED SCHEDULING ORDER - As stated at the February 18, 2016 interim pretrial conference in this matter, the Court enters the following Fourth Amended Scheduling Order pursuant to this Courts Local Rule CV-16 and Fed. R. Civ. P. 16: Final Pretrial Conference set for 6/28/2016 at 2:00 AM in Ctrm 108 (Plano) - Bush before Magistrate Judge Don D. Bush. Joint Proposed Jury instructions and Verdict Form due by 6/8/2016. Jury Selection and Jury Trial set for 7/12/2016 at 9:00 AM in Ctrm 108 (Plano) - Bush before Magistrate Judge Don D. Bush. Motions in Limine shall be filed by 6/8/2016. Joint Final Proposed Pretrial Order due by 6/8/2016. Motions in limine shall be filed by 6/8/2016. Signed by Magistrate Judge Don D. Bush on 2/25/2016. (baf, )
February 19, 2016	Filing 56 REPLY to Response to Motion re #50 Amended MOTION for Summary Judgment and Brief In Support filed by Tyson Foods Inc. (Fisher, Brian)
February 18, 2016	Filing 55 Minute Entry for proceedings held before Magistrate Judge Don D. Bush: Interim Pretrial Conference held on 2/18/2016, Court RESET the following deadlines: ( Voir Dire and Jury Selection set for Tuesday 7/12/2016 09:00 AM in Ctrm 108 (Plano) before Magistrate Judge Don D. Bush, Jury Trial reset to Tuesday, 7/12/2016 09:00 AM in Ctrm 108 (Plano) before Magistrate Judge Don D. Bush. (Court Reporter Digital Recording - T McEwen.) (ttm, )
February 15, 2016	Filing 54 NOTICE of Discovery Disclosure by Tyson Foods Inc (Pretrial Disclosures) (Fisher, Brian)
February 12, 2016	Filing 53 RESPONSE to Motion re #50 Amended MOTION for Summary Judgment and Brief In Support filed by Vanity Benson. (Attachments: #1 Exhibit Exh. A - 2015-11-04, Benson Declaration, #2 Exhibit Exh. B - 2016-02-11, Benson Declaration, #3 Exhibit Exh. C - Benson deposition excerpts, #4 Exhibit Exh. D - Doctor's note, #5 Exhibit Exh. E - Attendance and Termination, #6 Exhibit Exh. F - Leave of Absence forms, #7 Exhibit Exh. G - Light-Duty Assignment, #8 Exhibit Exh. H - Progress Notes, #9 Exhibit Exh. I - Medical-related Records, #10 Exhibit Exh. J - Skaggs deposition excerpts, #11 Exhibit Exh. K - Kyker deposition excerpts, #12 Exhibit Exh. L - Lang deposition excerpts, #13 Exhibit Exh. M - Lovelace deposition excerpts, #14 Exhibit Exh. N - Reese deposition excerpts, #15 Text of Proposed Order Proposed Order Denying MSJ)(Sanford, Brian)
February 8, 2016	Filing 52 Exhibit List by Vanity Benson.. (Sanford, Brian)
February 8, 2016	Filing 51 Fact Witness List by Vanity Benson. (Sanford, Brian)
January 29, 2016	Filing 50 Amended MOTION for Summary Judgment and Brief In Support by Tyson Foods Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Text of Proposed Order)(Fisher, Brian)
January 29, 2016	*FILED IN ERROR, PLEASE IGNORE, See Corrected Notice* NOTICE of Hearing: Interim Pretrial Conference set for 4/18/2016 02:00 PM in Ctrm 108 (Plano) before Magistrate Judge Don D. Bush. (ttm, ) Modified on 1/29/2016 (ttm, ).
January 29, 2016	CORRECTED NOTICE of Hearing: Interim Pretrial Conference is set Thursday 2/18/2016 02:00 PM in Ctrm 108 (Plano) before Magistrate Judge Don D. Bush. (ttm, ) Modified on 1/29/2016 (ttm, ).
January 5, 2016	NOTICE of Hearings (per Order #40 ): Vior Dire, Jury Selection and Jury Trial set for Tuesday4/12/2016 09:00 AM in Ctrm 108 (Plano) before Magistrate Judge Don D. Bush. (ttm, )
December 8, 2015	Filing 49 AGREED ORDER OF PARTIAL DISMISSAL WITH PREJUDICE AS TO DEFENDANT, CROWN EQUIPMENT CORPORATION, ONLY - GRANTING #48 Motion to Dismiss. Signed by Magistrate Judge Don D. Bush on 12/7/2015. (baf, )
December 4, 2015	Filing 48 MOTION to Dismiss With Prejudice as to Defendant, Crown Equipment Corporation, Only by Vanity Benson. (Attachments: #1 Text of Proposed Order Proposed Order of Dismissal as to Crown Equipment)(Sanford, Brian)
December 4, 2015	Filing 47 *ATTORNEY WILL REFILE* MOTION to Dismiss With Prejudice as to Defendant, Crown Equipment Corporation, Only by Vanity Benson. (Attachments: #1 Text of Proposed Order Proposed Order of Dismissal of Crown)(Sanford, Brian) Modified on 12/4/2015 (pad, ).
November 16, 2015	Filing 46 REPLY to Response to Motion re #41 MOTION for Summary Judgment and Brief in Support filed by Tyson Foods Inc. (Fisher, Brian)
November 13, 2015	Filing 45 ORDER FOR SUBMISSION OF PARTIAL DISMISSAL DOCUMENTS - The Court has been advised through the Mediators Report (Dkt. 42) that all claims againstDefendant Crown Equipment Corporation in the above-styled civil action have been settled. Therefore, it is ORDERED that, on or before December 14, 2015, Plaintiff and Defendant Crown Equipment Corporation shall submit to the Court all papers necessary for the dismissal of Plaintiffs claims against Defendant Crown Equipment Corporation. Signed by Magistrate Judge Don D. Bush on 11/13/2015. (baf, )
November 4, 2015	Filing 44 SEALED ADDITIONAL ATTACHMENTS to Main Document: #43 Response to Motion,. (Sanford, Brian)
November 4, 2015	Filing 43 RESPONSE to Motion re #41 MOTION for Summary Judgment and Brief in Support filed by Vanity Benson. (Attachments: #1 Exhibit Exhibit A - Benson Declaration, #2 Exhibit Exhibit B - Benson Deposition Excerpts, #3 Errata Exhibit C - Reese Deposition Excerpts, #4 Exhibit Exhibit D - Kyker Deposition Excerpts)(Sanford, Brian)
October 22, 2015	Filing 42 REPORT of Mediation by Walter E Parker. Mediation result: PARTIAL SETTLEMENT(Parker, Walter)
October 21, 2015	Filing 41 MOTION for Summary Judgment and Brief in Support by Tyson Foods Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Text of Proposed Order)(Fisher, Brian)
September 22, 2015	Filing 40 ORDER granting #30 Motion to Continue Trial Date and Deadlines. Signed by Magistrate Judge Don D. Bush on 9/21/2015. (pad, )
September 22, 2015	Reset Scheduling Order Deadlines: Final Pretrial Conference set for 3/29/2016 02:00 PM in Ctrm 108 (Plano) - Bush before Magistrate Judge Don D. Bush. Discovery due by 11/3/2016. Motions due by 1/29/2016. Proposed Pretrial Order, Jury Instructions, and Motions in limine due by 3/4/2016. (pad, )
September 1, 2015	Filing 39 Minute Entry for proceedings held before Magistrate Judge Don D. Bush: Telephonic Motion Hearing held on 9/1/2015 re #30 Joint MOTION to Continue Trial Date and Deadlines filed by Vanity Benson. (Court Reporter Digital Recording.) (ttm, )
August 28, 2015	Filing 38 ORDER SETTING HEARING ON MOTION #30 Joint MOTION to Continue Trial Date and Deadlines : TELEPHONIC Motion Hearing set for 9/1/2015 at 11:00 AM before Magistrate Judge Don D. Bush. Signed by Magistrate Judge Don D. Bush on 8/27/2015. (baf, )
August 24, 2015	Filing 37 NOTICE by Tyson Foods Inc Notice of Designation of Expert Witnesses (Fisher, Brian)
August 21, 2015	Filing 36 *DEFICIENT DOCUEMNT - ATTORNEY MUST REFILE*NOTICE by Tyson Foods Inc (Designation of Expert Witnesses) (Fisher, Brian) Modified on 8/21/2015 (baf, ).
August 21, 2015	NOTICE of Deficiency regarding the NOTICE submitted DOCUMENT #36 - THE CERTIFICATE OF SERVICE IS NOT SIGNED. Correction should be made by ONE BUSINESS DAY (baf, )
August 11, 2015	Filing 35 SUR-REPLY to Reply to Response to Motion re #30 Joint MOTION to Continue Trial Date and Deadlines filed by Tyson Foods Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fisher, Brian)
August 7, 2015	Filing 34 REPLY to Response to Motion re #30 Joint MOTION to Continue Trial Date and Deadlines filed by Vanity Benson. (Sanford, Brian)
August 7, 2015	Filing 33 REPLY to Response to Motion re #30 Joint MOTION to Continue Trial Date and Deadlines filed by Crown Equipment Corporation. (Attachments: #1 Exhibit 1 - Lang, #2 Exhibit 2 - Liles, #3 Exhibit 3 - Accident Report)(Howard, Brent)
July 31, 2015	Filing 32 RESPONSE to Motion re #30 Joint MOTION to Continue Trial Date and Deadlines filed by Tyson Foods Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Fisher, Brian)
July 31, 2015	Filing 31 *DEFICIENT DOCUMENT - ATTORNEY MUST REFILE*RESPONSE to Motion re #30 Joint MOTION to Continue Trial Date and Deadlines filed by Tyson Foods Inc. (Attachments: #1 Exhibit A-C, #2 Text of Proposed Order)(Fisher, Brian) Modified on 7/31/2015 (baf, ).
July 31, 2015	NOTICE of Deficiency regarding the RESPONSE submitted DOCUMENT #31 - EXHIBITS ARE ALL WITHIN ONE ATTACHMENT. Correction should be made by ONE BUSINESS DAY (baf, )
July 17, 2015	Filing 30 Joint MOTION to Continue Trial Date and Deadlines by Vanity Benson. (Attachments: #1 Text of Proposed Order Granting Joint Motion to Continue Trial Date and Deadlines)(Sanford, Brian)
July 17, 2015	Filing 29 NOTICE by Tyson Foods Inc of Compliance (Attachments: #1 Exhibit A)(Fisher, Brian)
July 16, 2015	Filing 28 ORDER GRANTING MOTIONS TO COMPEL granting #21 Motion to Compel; granting #26 Motion to Compel. The Court finds that the report was made in the normal course of business and was not made in anticipation of litigation. Signed by Magistrate Judge Don D. Bush on 7/16/15. (cm, )
May 29, 2015	Filing 27 RESPONSE to Motion re #26 MOTION to Compel Production of Documents from Co-Defendant Tyson Foods, Inc. filed by Tyson Foods Inc. (Fisher, Brian)
May 13, 2015	Filing 26 MOTION to Compel Production of Documents from Co-Defendant Tyson Foods, Inc. by Vanity Benson. (Attachments: #1 Exhibit Exhibit A - Request for Production Response, #2 Exhibit Exhibit B - Lang Deposition Excerpts, #3 Exhibit Exhibit C - Liles Deposition Excerpts, #4 Exhibit Exhibit D - Benson Deposition Excerpts, #5 Text of Proposed Order Proposed Order Granting Plaintiff's Motion to Compel Production)(Norris, David)
May 13, 2015	Filing 25 *DEFICIENT DOCUMENT - ATOTRNEY MUST REFILE* MOTION to Compel Production of Documents from Co-Defendant Tyson Foods, Inc. by Vanity Benson. (Attachments: #1 Appendix Appendix in Support of Plaintiff's Motion to Compel, #2 Text of Proposed Order Proposed Order Granting Plaintiff's Motion to Compel Production)(Norris, David) Modified on 5/13/2015 (baf, ).
May 13, 2015	NOTICE of Deficiency regarding the MOTION TO COMPEL submitted DOCUMENT #25 - ALL OF THE EXHIBITS ARE WITHIN ONE ATTACHMENT. Correction should be made by ONE BUSINESS DAY (baf, )
May 11, 2015	Filing 24 REPLY to Response to Motion re #21 MOTION to Compel Production of Documents from Co-Defendant Tyson Foods, Inc. filed by Crown Equipment Corporation. (Howard, Brent)
May 8, 2015	Filing 23 RESPONSE to Motion re #21 MOTION to Compel Production of Documents from Co-Defendant Tyson Foods, Inc. filed by Tyson Foods Inc. (Attachments: #1 Exhibit (Depo Excerpts))(Fisher, Brian)
April 23, 2015	Filing 22 SECOND AMENDED SCHEDULING ORDER: Final Pretrial Conference and Trial Scheduling set for 2/2/2016 at 2:00 PM in Ctrm 108 (Plano) - Bush before Magistrate Judge Don D. Bush. Amended Pleadings due by 8/15/2014. Fact Discovery due by 11/3/2015. Expert Witness List due by 7/16/2015 for Plaintiff and by 8/21/2015. Joinder of Parties due by 8/15/2014. Joint Proposed Jury instructions and Verdict Form due by 1/29/2016. Motions to Transfer, Motions to Remand, Motions to Dismiss, Motions for Summary Judgment, or other dispositive motions shall be filed by 11/13/2015. Joint Final Pretrial Order due by 1/29/2016. GRANTING #20 Second MOTION to Continue (Joint) Trial and Deadlines by Vanity Benson, filed by Crown Equipment Corporation, Tyson Foods Inc. Signed by Magistrate Judge Don D. Bush on 4/23/2015. (baf, )
April 23, 2015	Filing 21 MOTION to Compel Production of Documents from Co-Defendant Tyson Foods, Inc. by Crown Equipment Corporation. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Howard, Brent) (Additional attachment(s) added on 4/23/2015: #4 Text of Proposed Order) (mjc, ).
April 23, 2015	Set/Reset Scheduling Order Deadlines: Expert Witness List due by 7/16/2015 for Plaintiff and by 8/21/2015 for Defendant. (baf, )
April 13, 2015	Filing 20 Second MOTION to Continue (Joint) Trial and Deadlines by Vanity Benson, by Crown Equipment Corporation, Tyson Foods Inc. (Attachments: #1 Text of Proposed Order Granting Second Motion to Continue Trial and Deadlines)(Howard, Brent)
December 15, 2014	Filing 19 AMENDED SCHEDULING ORDER: GRANTING #18 Joint Motion to Continue Trial Date and Deadlines. Final Pretrial Conference and Trial Scheduling set for 8/4/2015 at 2:00 PM in Ctrm 108 (Plano) - Bush before Magistrate Judge Don D. Bush. Amended Pleadings due by 8/15/2014. Fact Discovery due by 5/15/2015. Expert Witness List due by 4/13/2015. Joinder of Parties due by 8/15/2014. Joint Proposed Jury instructions due by 7/30/2015. Motions to Transfer, Motions to Remand, Motions to Dismiss, Motions for Summary Judgment, or other dispositive motions due by 5/29/2015. Joint Final Pretrial Order due by 7/30/2015.Motions in Limine shall be filed by 7/29/2015. Signed by Magistrate Judge Don D. Bush on 12/15/2014. (baf, )
November 19, 2014	Filing 18 Joint MOTION to Continue Trial and Deadlines by Vanity Benson, Crown Equipment Corporation, Tyson Foods Inc. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Continue Trial and Deadlines)(Sanford, Brian)
October 20, 2014	Filing 17 ORDER GRANTING #16 Motion for Extension of Time to Complete Discovery. Plaintiff's deadline to disclose expert testimony is extended to 2/12/2015. Signed by Magistrate Judge Don D. Bush on 10/20/2014. (baf, )
October 15, 2014	Filing 16 Unopposed MOTION for Extension of Time to Complete Discovery (Extension of Expert Disclosure Deadline) by Vanity Benson. (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension of Time to Disclose Expert Testimony)(Sanford, Brian)
October 7, 2014	Filing 15 CORPORATE DISCLOSURE STATEMENT filed by Crown Equipment Corporation (Howard, Brent)
October 7, 2014	Filing 14 ANSWER to #11 Amended Complaint by Crown Equipment Corporation.(Howard, Brent)
August 29, 2014	Filing 13 First Amended ANSWER to Complaint by Tyson Foods Inc.(Fisher, Brian)
August 19, 2014	Filing 12 SUMMONS Issued as to Crown Equipment Corporation. (baf, )
August 15, 2014	Filing 11 AMENDED COMPLAINT against All Defendants, filed by Vanity Benson.(Sanford, Brian)
May 20, 2014	NOTICE *RESETTIMG* Hearing: Final Pretrial Conference and Trial Scheduling reset to Tuesday, 5/5/2015 02:00 PM in Ctrm 108 (Plano) before Magistrate Judge Don D. Bush. (ttm, )
May 9, 2014	Filing 10 CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Magistrate Judge Don D. Bush on 5/9/2014. (pad, )
May 7, 2014	Filing 9 Joint MOTION for Protective Order and Confidentiality Order by Vanity Benson, Tyson Foods Inc. (Attachments: #1 Text of Proposed Order)(Mayer, Zachary) (Attachment 1 replaced on 5/8/2014) (baf, ).
May 5, 2014	NOTICE *RESETTING* Hearing: Final Pretrial Conference and Trial Scheduling RESET to Monday, 5/4/2015 02:00 PM in Ctrm 108 (Plano) before Magistrate Judge Don D. Bush. (ttm, )
April 22, 2014	Filing 8 SCHEDULING ORDER: Final Pretrial Conference and Trial Scheduling set for 5/1/2015 at 2:00 PM in Ctrm 108 (Plano) - Bush before Magistrate Judge Don D. Bush. Amended Pleadings due by 8/15/2014. Fact Discovery due by 1/15/2015. Expert Witness List due by 10/15/2014 for Plaintiff and by 11/14/2014 for Defendant. Joinder of Parties due by 8/15/2014. Joint Proposed Jury instructions and Verdict Form due by 4/1/2015. Motions to Transfer, Motions to Remand, Motions to Dismiss, Motions for Summary Judgment, or other dispositive motions, shall be filed by 1/30/2015. Joint Final Pretrial Order due by 4/1/2015. Motions in Limine shall be filed by 3/31/2015. Signed by Magistrate Judge Don D. Bush on 4/21/2014. (baf, )
April 16, 2014	Filing 7 ORDER OF REFERENCE assigning case to Judge Don D. Bush by consent of the parties for all further proceedings and entry of judgment. Signed by Judge Richard A. Schell on 4/16/2014. (baf, )
April 16, 2014	Case REASSIGNED to Magistrate Judge Don D. Bush. Judge Richard A. Schell no longer assigned to the case. (baf, )
April 16, 2014	CONSENT to Proceed Before US Magistrate Judge Don D. Bush by Vanity Benson, Tyson Foods Inc. (baf, )
April 15, 2014	Filing 6 REPORT OF RULE 26(f) PLANNING MEETING by Vanity Benson, Tyson Foods Inc. (Attachments: #1 Text of Proposed Order Joint Proposed Scheduling Order)(Norris, David)
February 27, 2014	Filing 5 ORDER TO CONDUCT RULE 26(f) CONFERENCE - The court hereby directs the parties to confer as required by Fed.R.Civ.P.26(f) no later than 4/14/2014 and file a Rule 26 Meeting Joint Written Report no later than 4/28/2014. Signed by Judge Richard A. Schell on 2/27/2014. (baf, )
February 26, 2014	Filing 4 *ANSWER FILED IN STATE COURT* ANSWER to #3 Complaint by Tyson Foods Inc.(baf, )
February 26, 2014	Filing 3 *COMPLAINT FILED IN STATE COURT*COMPLAINT against Tyson Foods Inc, filed by Vanity Benson.(baf, )
February 26, 2014	In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice of Consent to Proceed Before Magistrate Judge. (baf, )
February 26, 2014	Case ASSIGNED to Judge Richard A. Schell. (baf, )
February 26, 2014	Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Tyson Foods Inc (Mayer, Zachary)
February 26, 2014	Filing 1 NOTICE OF REMOVAL by Tyson Foods Inc from 59th Judicial Court in Grayson County, Texas, case number CV-13-2204. (Filing fee $ 400 receipt number 0540-4541591), filed by Tyson Foods Inc. (Attachments: #1 Exhibit A - Information Pursuant to Local Rule CV-81(C), #2 Exhibit B - Plaintiff's Original Petition, #3 Civil Cover Sheet)(Mayer, Zachary) (Additional attachment(s) added on 2/27/2014: #4 Answer filed in State Court) (baf, ).

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Search for this case: Benson v. Tyson Foods Inc
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Not classified by court: Walter E Parker
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Not classified by court: Karen Hubbard
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Plaintiff: Vanity Benson
Represented By:	Brian Paul Sanford
Represented By:	David Bryan Norris
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Defendant: Tyson Foods Inc
Represented By:	Brian Jennings Fisher
Represented By:	Robert Lawrence Rickman
Represented By:	Zachary Thomas Mayer
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Defendant: Crown Equipment Corporation
Represented By:	Brent Clifton Howard
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