Hebert v. Unum Group, et al
| Daryl Hebert |
| Tammy Weatherman, Liz Putnam, Unum Group, Matthew McWilliams, Marcus Veazy, Jeff Montag, Kelly Preisz, Renee Wills and Marcus Veazey |
| Kathy Fragnoli |
| 4:2018cv00910 |
| December 31, 2018 |
| US District Court for the Eastern District of Texas |
| Kimberly C Priest Johnson |
| Sean D Jordan |
| Amos L Mazzant |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| Plaintiff |
Docket Report
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| Filing 62 REPORT of Mediation by Kathy Fragnoli. Mediation result: NO SETTLEMENT(Fragnoli, Kathy) |
| Filing 61 SEALED RESPONSE to Motion re #55 MOTION for Summary Judgment filed by Daryl Hebert. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Affidavit)(Chadwick, Robert) |
Filing 60
ORDER - GRANTING #57 Motion for Extension of Time to File Response re #55 MOTION for Summary Judgment . Responses due by 12/13/2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 12/3/2019. (baf, )
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| NOTICE CANCELLING TELEPHONE CONFERNECE AT 11:00 A.M. (jwam, ) |
| Filing 59 NOTICE of Attorney Appearance - Pro Hac Vice by Alex J. Maturi on behalf of All Defendants. Filing fee $ 100, receipt number 0540-7551317. (Maturi, Alex) |
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Filing 58
ORDER. Pending before the Court is Plaintiff Daryl R. Hebert's ("Plaintiff") Unopposed Motion for Extension of Time to Respond to Motion for Summary Judgment ("The Motion") (Dkt. #57 ). IT IS HEREBY ORDERED that counsel for all parties shall appear telephonically on Tuesday, 12/3/2019 at 11:00 AM before Magistrate Judge. Kimberly C Priest Johnson. Signed by Magistrate Judge Kimberly C Priest Johnson on 11/26/2019. (baf, )
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| Filing 57 Unopposed MOTION for Extension of Time to File Response/Reply as to #55 MOTION for Summary Judgment by Daryl Hebert. (Attachments: #1 Text of Proposed Order)(Chadwick, Robert) |
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Filing 56
ORDER - GRANTING #54 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Kimberly C Priest Johnson on 11/13/2019. (baf, )
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| Filing 55 MOTION for Summary Judgment by Matthew McWilliams, Jeff Montag, Kelly Preisz, Liz Putnam, Unum Group, Marcus Veazey, Tammy Weatherman, Renee Wills. (Attachments: #1 Declaration of Patrick W. Shea with exhibits, #2 Text of Proposed Order)(Shea, Patrick) |
| Filing 54 Unopposed MOTION for Leave to File Excess Pages for Defendants' Motion for Summary Judgment by Matthew McWilliams, Jeff Montag, Kelly Preisz, Liz Putnam, Unum Group, Marcus Veazey, Tammy Weatherman, Renee Wills. (Attachments: #1 Text of Proposed Order)(Shea, Patrick) |
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Filing 53
FIRST AMENDED SCHEDULING ORDER: GRANTED IN PART AND DENYING IN PART #50 Agreed MOTION to Amend/Correct #36 Scheduling Order, filed by Jeff Montag, Marcus Veazey, Renee Wills, Unum Group, Kelly Preisz, Tammy Weatherman, Matthew McWilliams, Liz Putnam. Final Pretrial Conference set for 3/31/2020 at 9:00 PM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Discovery due by 2/18/2020. Joinder of Parties due by 7/3/2019. Proposed Jury instructions/Form of Verdict due by 3/17/2020. Mediation Completion due by 12/18/2019. Designation of Mediator due by 9/18/2019. Motions to dismiss, motions for summary judgment, or other dispositive motions due by 11/12/2019. Joint Final Pretrial Order due by 3/3/2020. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/4/2019. (baf, )
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| Filing 52 Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Telephone Conference held on 9/23/2019. (Court Reporter Digital Recording - Plano 108.) (ttm, ) |
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Filing 51
ORDER. IT IS HEREBY ORDERED that counsel for all parties shall appear telephonically on Monday, 9/23/2019 at 10:30 AM before Magistrate Judge Kimberly C Priest Johnson. Signed by Magistrate Judge Kimberly C Priest Johnson on 9/20/2019. (baf, )
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| Filing 50 Agreed MOTION to Amend/Correct #36 Scheduling Order,, by Matthew McWilliams, Jeff Montag, Kelly Preisz, Liz Putnam, Unum Group, Marcus Veazey, Tammy Weatherman, Renee Wills. (Attachments: #1 Text of Proposed Order)(Hubbard, Emileigh) |
| 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 Regarding Consent to Proceed Before Magistrate Judge. (baf, ) |
| Filing 49 ANSWER to #42 Amended Complaint by Matthew McWilliams, Jeff Montag, Kelly Preisz, Liz Putnam, Unum Group, Marcus Veazey, Tammy Weatherman, Renee Wills.(Shea, Patrick) |
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Filing 48
REFERRAL ORDER. Pursuant to 28 U.S.C. 636 and Local Rule CV-72, the undersigned hereby REFERS the cases set forth below to U. S. Magistrate Judge Kimberly C. Priest Johnson for all pretrial proceedings. Signed by District Judge Sean D. Jordan on 9/11/2019. (baf, )
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Filing 47
ORDER - GRANTING #46 Motion for Extension of Time to Response to Amended Complaint. IT IS FURTHER ORDERED that all Defendants will have until September 11, 2019, to file an answer or otherwise respond to Plaintiff's Amended Complaint. Signed by District Judge Sean D. Jordan on 9/6/2019. (baf, )
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| Filing 46 Unopposed MOTION for Extension of Time to File Answer re #42 Amended Complaint by Matthew McWilliams, Jeff Montag, Kelly Preisz, Liz Putnam, Unum Group, Marcus Veazey, Tammy Weatherman, Renee Wills. (Attachments: #1 Text of Proposed Order)(Hubbard, Emileigh) |
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ORDER TRANSFERRING CIVIL CASES. It is hereby ORDERED that this civil action is transferred to the Honorable Sean D. Jordan, effective immediately. Upon transfer, any pretrial referral to a Magistrate Judge is REVOKED except in Social Security cases, Pro Se Non-Prisoner/Habeas cases, and mortgage cases, where the pretrial referral will stay in place. IT IS SO ORDERED. Signed by United States District Judge Amos L. Mazzant. District Judge Amos L. Mazzant, III and Magistrate Judge Kimberly C Priest Johnson no longer assigned to the case. (kls, )
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Filing 45
ORDER. IT IS HEREBY ORDERED that Defendants' Unopposed Motion for Extension of Time to Respond to Amended Complaint (Dkt. #43 ) is hereby GRANTED. IT IS FURTHER ORDERED that Defendants' Unopposed Motion for Extension of Time to Designate Expert Testimony (Dkt. #44 ) is hereby GRANTED. IT IS THEREFORE ORDERED that Defendants' deadline to file an answer or otherwise respond to Plaintiff's Amended Complaint (Dkt. #42 ) shall be September 4, 2019. IT IS THEREFORE ORDERED that Defendants' deadline to disclose expert testimony shall be extended to September 27, 2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 8/22/2019. (rpc, )
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| Filing 44 Unopposed MOTION for Extension of Time to Complete Discovery Designate Expert Testimony by Matthew McWilliams, Jeff Montag, Kelly Preisz, Liz Putnam, Unum Group, Marcus Veazey, Tammy Weatherman, Renee Wills. (Attachments: #1 Text of Proposed Order)(Hubbard, Emileigh) |
| Filing 43 Unopposed MOTION for Extension of Time to File Answer re #42 Amended Complaint by Matthew McWilliams, Jeff Montag, Kelly Preisz, Liz Putnam, Unum Group, Marcus Veazey, Tammy Weatherman, Renee Wills. (Attachments: #1 Text of Proposed Order)(Hubbard, Emileigh) |
| Filing 42 AMENDED COMPLAINT against All Defendants, filed by Daryl Hebert.(Chadwick, Robert) |
| Filing 41 NOTICE of Discovery Disclosure by Daryl Hebert Expert Disclosure (Chadwick, Robert) |
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Filing 40
ORDER. IT IS HEREBY ORDERED that Plaintiff is granted LEAVE TO AMEND. Plaintiff shall file an Amended Complaint by August 14, 2019, in accordance with the parties' Scheduling Order (Dkt. #36 ). IT IS FURTHER ORDERED that the Motion to Dismiss (Dkt. #16 ) is DENIED AS MOOT. Signed by Magistrate Judge Kimberly C Priest Johnson on 7/3/2019. (rpc, )
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| Filing 39 NOTICE of Change of Address by Robert Glenn Chadwick, Jr (Chadwick, Robert) |
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Filing 38
PROTECTIVE ORDER. Signed by Magistrate Judge Kimberly C Priest Johnson on 6/21/2019. (baf, )
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| Filing 37 Joint MOTION for Protective Order by Matthew McWilliams, Jeff Montag, Kelly Preisz, Liz Putnam, Unum Group, Marcus Veazy, Tammy Weatherman, Renee Wills. (Attachments: #1 Exhibit A - Standard Order with Redline, #2 Text of Proposed Order)(Hubbard, Emileigh) |
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Filing 36
SCHEDULING ORDER: Final Pretrial Conference set for 3/31/2020 at 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Amended Pleadings due by 8/14/2019 for Plaintiff and by 8/28/2019 for Defendant. Discovery due by 11/6/2019. Joinder of Parties due by 7/3/2019. Proposed Jury instructions/Form of Verdict due by 3/17/2020. Mediation Completion due by 10/30/2019. Designation of Mediator due by 9/18/2019. Motions to dismiss, motions for summary judgment, or other dispositive motions due by 11/12/2019. Joint Final Pretrial Order due by 3/3/2020. Signed by Magistrate Judge Kimberly C Priest Johnson on 6/13/2019. (baf, )
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Filing 35
ORDER REFERRING CASE TO MEDIATION. The Court hereby ORDERS that this case be submitted to mediation in accordance with the Court's Mediation Plan. The parties selected Kathy Fragnoli of Burdin Mediations.Mediation Completion due by 10/30/2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 6/13/2019. (baf, )
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| Set/Reset Hearings: Final Pretrial Conference set for 3/31/2020 at 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. (baf, ) |
| Filing 34 Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Rule 16 Management Conference held on 6/12/2019. (Court Reporter Digital Recording - Plano 108.) (ttm, ) Modified on 6/13/2019 (ttm, ). |
| Filing 33 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Text of Proposed Order - Joint Proposed Scheduling Order Deadlines, #2 Text of Proposed Order - Joint Proposed Protective Order)(Shea, Patrick) |
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Filing 32
ORDER - GRANTING #31 Unopposed MOTION Reschedule Rule 16 Management Conference filed by Marcus Veazy, Jeff Montag, Renee Wills, Unum Group, Kelly Preisz, Tammy Weatherman, Matthew McWilliams, Liz Putnam. IT IS HEREBY ORDERED that the Rule 16 Management Conference in this matter, previously set on 5/22/2019, is hereby RESET for 6/12/2019 at 1:30 PM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. Signed by Magistrate Judge Kimberly C Priest Johnson on 4/8/2019. (baf, )
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| Filing 31 Unopposed MOTION Reschedule Rule 16 Management Conference by Matthew McWilliams, Jeff Montag, Kelly Preisz, Liz Putnam, Unum Group, Marcus Veazy, Tammy Weatherman, Renee Wills. (Attachments: #1 Text of Proposed Order)(Hubbard, Emileigh) |
| Filing 30 SUMMONS Returned Executed by Daryl Hebert. Renee Wills served on 1/8/2019, answer due 3/4/2019. (Chadwick, Robert) |
| Filing 29 SUMMONS Returned Executed by Daryl Hebert. Matthew McWilliams served on 1/8/2019, answer due 3/4/2019. (Chadwick, Robert) |
| Filing 28 SUMMONS Returned Executed by Daryl Hebert. Liz Putnam served on 1/9/2019, answer due 3/4/2019. (Chadwick, Robert) |
| Filing 27 SUMMONS Returned Executed by Daryl Hebert. Kelly Preisz served on 1/8/2019, answer due 3/4/2019. (Chadwick, Robert) |
| Filing 26 SUMMONS Returned Executed by Daryl Hebert. Tammy Weatherman served on 1/16/2019, answer due 3/4/2019. (Chadwick, Robert) |
| Filing 25 SUMMONS Returned Executed by Daryl Hebert. Marcus Veazy served on 1/11/2019, answer due 3/4/2019. (Chadwick, Robert) |
| Filing 24 SUMMONS Returned Executed by Daryl Hebert. Jeff Montag served on 1/22/2019, answer due 3/4/2019. (Chadwick, Robert) |
| Filing 23 SUMMONS Returned Executed by Daryl Hebert. Unum Group served on 1/8/2019, answer due 3/4/2019. (Chadwick, Robert) |
| Filing 22 REPLY to Response to Motion re #16 MOTION to Dismiss Defendants' Rule 12(b)(6) Motion to Partially Dismiss filed by Matthew McWilliams, Jeff Montag, Kelly Preisz, Liz Putnam, Marcus Veazy, Tammy Weatherman, Renee Wills. (Shea, Patrick) |
| Filing 21 RESPONSE in Opposition re #16 MOTION to Dismiss Defendants' Rule 12(b)(6) Motion to Partially Dismiss filed by Daryl Hebert. (Attachments: #1 Text of Proposed Order Order)(Chadwick, Robert) |
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Filing 20
ORDER granting #19 Motion for Clarification/Modification of March 5, 2019 Order. The Court hereby clarifies that Plaintiff is permitted to file a response to the pending Rule 12(b)(6) motion (Dkt. #16 ) that is up to thirty pages in length. The Court will not consider any pages in excess of this limit. Signed by Magistrate Judge Kimberly C Priest Johnson on 3/14/2019. (rpc, )
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| Filing 19 MOTION to Amend/Correct #17 Order on Motion for Leave to File Excess Pages, by Daryl Hebert. (Attachments: #1 Text of Proposed Order Proposed Order)(Chadwick, Robert) |
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Filing 18
ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 4/7/2019. Rule 16 Management Conference set for 5/22/2019 at 01:30 PM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. Signed by Magistrate Judge Kimberly C Priest Johnson on 3/5/2019. (rpc, )
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Filing 17
ORDER - GRANTING #14 Motion for Leave to File Excess Pages. IT IS FURTHER ORDERED that Plaintiff is permitted to file a response to the Motion that is up to fifteen pages in length. The Court will not consider any pages in excess of this limit. Signed by Magistrate Judge Kimberly C Priest Johnson on 3/5/2019. (baf, )
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| 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 Regarding Consent to Proceed Before Magistrate Judge. (baf, ) |
| Filing 16 MOTION to Dismiss Defendants' Rule 12(b)(6) Motion to Partially Dismiss by Matthew McWilliams, Jeff Montag, Kelly Preisz, Liz Putnam, Marcus Veazy, Tammy Weatherman, Renee Wills. (Attachments: #1 Affidavit of Holly Haynes, #2 Exhibit A- Hebert termination letter, #3 Text of Proposed Order)(Shea, Patrick) |
| Filing 15 ANSWER to #1 Complaint by Unum Group.(Shea, Patrick) |
| Filing 14 Unopposed MOTION for Leave to File Excess Pages by Matthew McWilliams, Jeff Montag, Kelly Preisz, Liz Putnam, Marcus Veazy, Tammy Weatherman, Renee Wills. (Attachments: #1 Text of Proposed Order)(Hubbard, Emileigh) |
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Filing 13
ORDER granting #12 Motion for Extension of Time to Answer. IT IS THEREFORE ORDERED that Defendants' deadline to file a response to Plaintiff's Complaint (Dkt. #1 ) is hereby extended to March 4, 2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 1/17/2019. (rpc, )
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| Answer Due Deadline Updated for All Defendants. (rpc, ) |
| Filing 12 MOTION for Extension of Time to File Answer or Other Response to Complaint by Matthew McWilliams, Jeff Montag, Kelly Preisz, Liz Putnam, Unum Group, Marcus Veazy, Tammy Weatherman, Renee Wills. (Attachments: #1 Text of Proposed Order)(Hubbard, Emileigh) |
| Filing 11 NOTICE of Attorney Appearance - Pro Hac Vice by Elizabeth A. Vanderlinde on behalf of All Defendants. Filing fee $ 100, receipt number 0540-7099930. (Vanderlinde, Elizabeth) |
| Filing 10 NOTICE of Attorney Appearance - Pro Hac Vice by Patrick W. Shea on behalf of All Defendants. Filing fee $ 100, receipt number 0540-7099882. (Shea, Patrick) |
| Filing 9 SUMMONS Issued as to Liz Putnam. (baf, ) |
| Filing 8 SUMMONS Issued as to Kelly Preisz. (baf, ) |
| Filing 7 SUMMONS Issued as to Tammy Weatherman. (baf, ) |
| Filing 6 SUMMONS Issued as to Renee Wills. (baf, ) |
| Filing 5 SUMMONS Issued as to Matthew McWilliams. (baf, ) |
| Filing 4 SUMMONS Issued as to Marcus Veazy. (baf, ) |
| Filing 3 SUMMONS Issued as to Jeff Montag. (baf, ) |
| Filing 2 SUMMONS Issued as to Unum Group. (baf, ) |
| Case ASSIGNED to District Judge Amos L. Mazzant, III and REFERRED to Magistrate Judge Kimberly C Priest Johnson. (baf, ) |
| 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 Regarding Consent to Proceed Before Magistrate Judge. (baf, ) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-7079123.), filed by Daryl Hebert. (Attachments: #1 Civil Cover Sheet)(Chadwick, Robert) |
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