Marusak v. Intermodal Cartage Co., LLC
| Chad Marusak |
| Intermodal Cartage Co., LLC |
| Beth Krugler |
| 4:2019cv00848 |
| November 18, 2019 |
| US District Court for the Eastern District of Texas |
| Amos L Mazzant |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 30, 2021. A more recent docket listing may be available from PACER.
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Filing 49
ORDER OF DISMISSAL WITH PREJUDICE. Came on for consideration the Joint Motion to Dismiss with Prejudice as to the above-styled lawsuit. The Court, upon consideration, GRANTS said motion. It is hereby ORDERED, ADJUDGED, AND DECREED that Plaintiff's lawsuit is dismissed as to all claims against all parties, with prejudice to the refilling of same, and with costs of court, filing fees and all other costs taxed against and to be paid by the party incurring same. Signed by District Judge Amos L. Mazzant, III on 6/30/2021. (baf, )
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Filing 48
Joint MOTION to Dismiss by Chad Marusak. (Attachments: #1 Text of Proposed Order)(Dixon, Megan)
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In light of the settlement of this case, the 7/1/21 Final Pretrial Conference is CANCELLED. (tls)
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Filing 47
ORDER - granting #46 Motion for Extension of Time to File Closing Documents. It is therefore ORDERED that the parties shall have until and including July 11, 2021, to file closing documents. Signed by District Judge Amos L. Mazzant, III on 6/16/2021. (baf, )
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Filing 46
Joint MOTION for Extension of Time to File Dismissal Documents by Chad Marusak. (Attachments: #1 Text of Proposed Order)(Dixon, Megan) (Attachment 1 replaced on 6/14/2021) (baf, ). (Attachment 1 replaced on 6/14/2021) (baf, ).
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Filing 45
ORDER ON CLOSING DOCUMENTS. The Court has been notified by the Parties, through counsel, that all claims in the above styled civil action have been settled. Therefore, it is ORDERED that, on or before June 11, 2021, all parties shall file with the Court all papers necessary for the closing of this case and its removal from the active docket of this Court. Signed by District Judge Amos L. Mazzant, III on 5/11/2021. (baf, )
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Filing 44
NOTICE of Settlement by Chad Marusak (Dixon, Megan)
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Filing 43
ORDER REGARDING EXHIBITS. Signed by District Judge Amos L. Mazzant, III on 5/5/2021. (baf, )
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Filing 42
Amended MOTION in Limine by Chad Marusak. (Dixon, Megan) (Additional attachment(s) added on 5/5/2021: #1 Text of Proposed Order) (baf, ).
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Filing 41
Unopposed MOTION to Bifurcate Punative Damages Claim and Supporting Brief by Intermodal Cartage Co., LLC. (Attachments: #1 Text of Proposed Order)(Quillen, Emily)
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Filing 40
MOTION in Limine and Supporting Brief by Intermodal Cartage Co., LLC. (Attachments: #1 Text of Proposed Order)(Quillen, Emily) (Attachment 1 replaced on 5/5/2021) (baf, ).
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Filing 39
ORDER - denying #38 Motion to Extend Pretrial Deadlines. Signed by District Judge Amos L. Mazzant, III on 4/28/2021. (baf, )
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Filing 38
Joint MOTION Extend Pretrial Deadlines by Intermodal Cartage Co., LLC. (Attachments: #1 Text of Proposed Order Fourth Agreed Scheduling Order)(Quillen, Emily)
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Filing 37
MEMORANDUM OPINION AND ORDER - GRANTING in part and DENYING in part #20 MOTION for Summary Judgment filed by Intermodal Cartage Co., LLC.It is further ORDERED Plaintiff's claim of a hostile work environment is hereby DISMISSED with prejudice. Plaintiff's unlawful retaliation claim shall proceed to trial. It is further ORDERED that Defendant's Objections to Plaintiff's Evidence Filed in Opposition of Defendant's Motion for Summary Judgment (Dkt. #28 ) is hereby DENIED as moot. Signed by District Judge Amos L. Mazzant, III on 3/8/2021. (baf, )
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Filing 36
ORDER - granting in part #33 Joint MOTION for Extension of Time to File Pretrial Deadlines filed by Intermodal Cartage Co., LLC. It is therefore ORDERED that the deadlines shall be changed as follows: Final Pretrial Conference set for 7/1/2021 at 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Proposed Jury instructions/Form of Verdict due by 5/24/2021. Joint Final Pretrial Order due by 5/10/2021. All other dates shall remain the same as set out in the Court's Second Amended Scheduling Order (Dkt. #17 ). Signed by District Judge Amos L. Mazzant, III on 2/8/2021. (baf, )
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NOTICE of Deficiency regarding the MOTION IN LIMINE submitted DOCUMENT #35 - NO CERTIFICATE OF CONFERENCE AND NO PROPOSED ORDER ATTACHED. Correction should be made by ONE BUSINESS DAY (baf, )
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***FILED IN ERROR - PROPOSED ORDER ONLY. Document # 34, SUBMISSION OF PROPOSED ORDER. PLEASE IGNORE.*** (baf, )
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Filing 35
***DEFICIENT DOCUMENT - PLEASE DISREGARD*** MOTION in Limine by Chad Marusak. (Dixon, Megan) Modified on 2/4/2021 (baf, ).
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Filing 34
***PLEASE DISREGARD - PROPOSED ORDER FILED AS A STAND ALONE DOCUMENT***Submission of Proposed Agreed Docket Control/Scheduling order by Intermodal Cartage Co., LLC . (Quillen, Emily) Modified on 2/4/2021 (baf, ).
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Filing 33
Joint MOTION for Extension of Time to File Pretrial Deadlines by Intermodal Cartage Co., LLC. (Quillen, Emily) (Additional attachment(s) added on 2/4/2021: #1 Text of Proposed Order) (baf, ).
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Filing 32
NOTICE by Chad Marusak Intent to Offer Certified Records (Dixon, Megan)
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Filing 31
REPLY to Response to Motion re #20 MOTION for Summary Judgment filed by Intermodal Cartage Co., LLC. (Quillen, Emily)
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Filing 30
RESPONSE to #27 Reply to Response to Motion, #28 Reply to Response to Motion Response to Defendant's Objections to Plaitniff's Summary Judgment Evidence filed by Chad Marusak. (Dixon, Megan)
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Filing 29
SUR-REPLY to Reply to Response to Motion re #20 MOTION for Summary Judgment filed by Chad Marusak. (Attachments: #1 Exhibit Amended Exhibit F)(Dixon, Megan)
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Filing 28
REPLY to Response to Motion re #20 MOTION for Summary Judgment filed by Intermodal Cartage Co., LLC. (Attachments: #1 Proposed Order)(Quillen, Emily)
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Filing 27
REPLY to Response to Motion re #20 MOTION for Summary Judgment filed by Intermodal Cartage Co., LLC. (Quillen, Emily)
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Filing 26
ORDER granting #19 Motion to Withdraw as Attorney. Attorney Robert G Lee and Angela Michelle May terminated. It is FURTHER ORDERED that Megan Dixon is hereby substituted as lead counsel representing Plaintiff. Signed by District Judge Amos L. Mazzant, III on 11/12/2020. (rpc, )
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Filing 25
ADDITIONAL ATTACHMENT TO MAIN DOCUMENT re #23 RESPONSE in Opposition re #20 MOTION for Summary Judgment Exhibit E-2 filed by Chad Marusak. (Dixon, Megan) Modified on 11/12/2020 (rpc, ).
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Filing 24
ADDITIONAL ATTACHMENT TO MAIN DOCUMENT re #23 RESPONSE in Opposition re #20 MOTION for Summary Judgment Exhibit E-1 filed by Chad Marusak. (Dixon, Megan) Modified on 11/12/2020 (rpc, ).
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Filing 23
RESPONSE in Opposition re #20 MOTION for Summary Judgment filed by Chad Marusak. (Attachments: #1 Appendix, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit F, #7 Text of Proposed Order)(Dixon, Megan)
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Filing 22
Additional Attachments to Main Document: #20 MOTION for Summary Judgment .. (Attachments: #1 Exhibit 1 - Plaintiff Chad Marusak's January 5, 2016 Statement, #2 Exhibit 2 - ZsaZsa Lovett January 6, 2016 Statement, #3 Exhibit 3 - Plaintiff Chad Marusak Notes to EEOC, #4 Exhibit 4 - Plaintiff Chad Marusak Email to William Harrison (EEOC), #5 Exhibit 5 - Declaration of Emily A. Quillen, #6 Exhibit 5-A - Deposition of Damian Manzi dated October 13, 2020, #7 Exhibit 5-B - Deposition of Harrison Hoof dated October 13, 2020, #8 Exhibit 5-C - Audio Transcription Excerpts Produced by Plaintiff Chad Marusak, #9 Exhibit 6 - Remote Videoconference Deposition of Chad Marusak dated October 14, 2020, #10 Exhibit 7 - Declaration of Harrison Hoof, #11 Exhibit 7-A - Resignation Email, #12 Exhibit 7-B - Letter to Chad Marusak from Tera Jackson Dated 10.29.16, #13 Exhibit 7-C - Email Transmitting Statements, #14 Exhibit 7-D - Written Warning to Chad Marusak From Aaron Stokely Dated 03.16.2016, #15 Exhibit 7-E - Plaintiff Chad Marusak's Payroll Statements, #16 Exhibit 7-F - Employee Payroll Statements, #17 Exhibit 8 - Deposition of Aaron Stokely dated August 11, 2020, #18 Exhibit 9 - Deposition of Tera Jackson Dated August 11, 2020)(Quillen, Emily)
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NOTICE of Deficiency regarding the #21 Additional Attachments to Main Document: Exhibits to #20 MOTION for Summary Judgment submitted by Intermodal Cartage Co., LLC. The exhibits were not filed as separate attachments. Correction should be made by one business day. (rpc, )
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Counsel are reminded that the Court has not opted out of this court's Local Rules concerning courtesy copies; therefore, Counsel are asked to comply with Local Rule CV-5(a)(9) and Local Rule CV-10(b) with respect to sending courtesy copies to Judge Mazzant. Please send copies of pleadings that exceed 20 pages to Judge Mazzant's chambers. Please use tabs and dividers for exhibits, and please place voluminous pleadings in three-ring binder(s). (tls)
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Filing 21
***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** Additional Attachments to Main Document: #20 MOTION for Summary Judgment .. (Attachments: #1 Exhibits to Defendant's Motion for Summary Judgment)(Quillen, Emily) Modified on 10/21/2020 (rpc, ).
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Filing 20
MOTION for Summary Judgment by Intermodal Cartage Co., LLC. (Attachments: #1 Text of Proposed Order)(Quillen, Emily)
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Filing 19
Unopposed MOTION to Withdraw as Attorney by Chad Marusak. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Withdraw)(Dixon, Megan) (Attachment 1 replaced on 10/9/2020) (rpc, ).
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Filing 18
REPORT of Mediation by Beth Krugler. Mediation result: IMPASSE(Krugler, Margaret)
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Filing 17
SECOND AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 4/1/2021 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III., Discovery due by 11/19/2020., Jury instructions due by 2/22/2021, Mediation Completion due by 8/18/2020., Motions due by 10/20/2020., Proposed Pretrial Order due by 2/8/2021. Signed by District Judge Amos L. Mazzant, III on 7/29/2020. (rpc, )
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Filing 16
Joint MOTION for Extension of Time to Complete Discovery Extend Mediation and Pretrial Deadlines by Intermodal Cartage Co., LLC. (Attachments: #1 Text of Proposed Order)(Quillen, Emily)
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Filing 15
ORDER REFERRING CASE TO MEDIATION. The Court hereby ORDERS that this case be submitted to mediation in accordance with this court's Mediation Plan. By agreement of the parties, the mediator assigned is Beth Krugler. Signed by District Judge Amos L. Mazzant, III on 7/2/2020. (rpc, )
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Filing 14
NOTICE of Designation of Mediator, M. Beth Krugler, filed by Chad Marusak. (Dixon, Megan)
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Filing 13
NOTICE by Chad Marusak Plaintiff's Expert Designations (Dixon, Megan)
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Filing 12
AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 1/7/2021 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Amended Pleadings due by 5/20/2020. Discovery due by 9/19/2020. Joinder of Parties due by 4/8/2020. Jury instructions due by 11/22/2020. Mediation Completion due by 8/12/2020. Designation of Mediator due by 7/1/2020, Motions due by 8/20/2020. Proposed Pretrial Order due by 12/8/2020. Signed by District Judge Amos L. Mazzant, III on 2/26/2020. (rpc, )
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Filing 11
SCHEDULING ORDER: Final Pretrial Conference set for 12/21/2020 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Amended Pleadings due by 5/20/2020. Discovery due by 9/19/2020. Joinder of Parties due by 4/8/2020. Jury instructions due by 11/22/2020. Mediation Completion due by 8/12/2020. Designation of Mediator due by 7/1/2020, Motions due by 8/20/2020. Proposed Pretrial Order due by 12/8/2020. Signed by District Judge Amos L. Mazzant, III on 2/24/2020. (rpc, )
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The Court hereby CANCELS the February 26, 2020 Scheduling Conference; the Court will enter a Scheduling Order. (tls)
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Filing 10
REPORT of Rule 26(f) Planning Meeting. (Quillen, Emily) (Additional attachment(s) added on 2/13/2020: #1 Proposed Scheduling Order) (rpc, ).
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| Filing 9 NOTICE of Attorney Appearance - Pro Hac Vice by A. Jack Finklea on behalf of All Defendants. Filing fee $ 100, receipt number 0540-7608014. (Finklea, A.) |
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Filing 8
ORDER GOVERNING PROCEEDINGS. Rule 26(f) attorney conference on or before: January 30, 2020. File joint report of attorney conference: February 13, 2020. The case is SET for a Rule 16 management conference on Wednesday, February 26, 2020, at 2:30 p.m. at the Paul Brown United States Courthouse, 101 E. Pecan Street, Sherman, Texas 75090. Signed by District Judge Amos L. Mazzant, III on 1/9/2020. (daj, )
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| Filing 7 CORPORATE DISCLOSURE STATEMENT filed by Intermodal Cartage Co., LLC (Quillen, Emily) |
| Filing 6 Defendant's ANSWER to #1 Complaint by Intermodal Cartage Co., LLC.(Quillen, Emily) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Intermodal Cartage Co., LLC to 12/25/2019. 14 Days Granted for Deadline Extension.( rpc, ) |
| Filing 5 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Intermodal Cartage Co., LLC.( Quillen, Emily) |
| Filing 4 NOTICE of Attorney Appearance by Emily Allison Quillen on behalf of Intermodal Cartage Co., LLC (Quillen, Emily) |
| Filing 3 SUMMONS Issued as to Intermodal Cartage Co., LLC. (rpc, ) |
| Filing 2 NOTICE by Chad Marusak (Lee, Robert) |
| Filing 1 COMPLAINT against Intermodal Cartage Co., LLC ( Filing fee $ 400 receipt number 0540-7531298.), filed by Chad Marusak. (Attachments: #1 Civil Cover Sheet)(Lee, Robert) |
| 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. (rpc, ) |
| Case Assigned to District Judge Amos L. Mazzant, III. (rpc, ) |
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