Bradley v. American Electric Power
| John W Bradley |
| American Electric Power |
| Cecilia H Morgan |
| 6:2018cv00107 |
| March 8, 2018 |
| US District Court for the Eastern District of Texas |
| Tyler Office |
| Gregg |
| J Campbell Barker |
| K Nicole Mitchell |
| Robert W Schroeder |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 Job Discrimination (Race) |
| Plaintiff |
Docket Report
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| Civil action dismissed with prejudice pursuant to FRCP 41(a) and #58 joint stipulation of dismissal. (ndc) |
| Filing 58 STIPULATION of Dismissal With Prejudice by American Electric Power. (Nichols, Robert) |
| Filing 57 REPORT of Mediation by Cecilia H Morgan. Mediation result: settled(Morgan, Cecilia) |
Filing 56
ORDER STAYING CASE. Parties or their counsel shall submit to the Court all papers necessary for the closing of this case on or before September 29, 2020. Signed by Magistrate Judge K. Nicole Mitchell on 8/31/2020. (gsg)
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| Filing 55 NOTICE by American Electric Power Of Resolution of Case (Nichols, Robert) |
| NOTICE of Hearing (RESET): The Final Pretrial Conference set for 10/12/2020 at 9:00 a.m. is RESET for 10/8/2020 at 2:00 PM before Magistrate Judge K. Nicole Mitchell. (leh, ) |
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Filing 54
ORDER denying as moot #51 Motion to Compel; granting #52 Motion for Extension of Time to File signed by Magistrate Judge K. Nicole Mitchell on 08/13/2020. (ksd )
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RESET Deadline and Hearings as per order (Doc #54) signed by Magistrate Judge K. Nicole Mitchell on 08/13/2020.Exchange Pretrial Disclosures (Witness List, Deposition Designations, and Exhibit List) by the Party with the Burden of Proof due by 8/31/2020. For rebuttal designations, cross examination line and page numbers to be included by 9/14/2020. Notice of Request for Daily Transcript or Real Time Reporting of Court Proceedings due 9/14/2020. Exchange Rebuttal Designations and Objections to Deposition Testimony by 9/21/2020. File Joint Final Pretrial Order, Joint Proposed Jury Instructions with citation to authority and Form of the Verdict for jury trials 9/28/2020. File Motions in Limine and pretrial objections by 09/28/2020. File Responses to Motions in Limine by 10/04/2020. File a Notice of Time Requested for (1) voir dire, (2) opening statements, (3) direct and cross examinations, and (4) closing arguments by 10/04/2020. Final Pretrial Conference set for 10/12/2020 09:00 AM in Ctrm 353 (Tyler) before Magistrate Judge K. Nicole Mitchell. Jury Selection and Trial set for 10/19/2020 09:30 AM in Ctrm 329 (Tyler) before District Judge J. Campbell Barker. (ksd )
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| Filing 53 RESPONSE to Motion re #52 First MOTION for Extension of Time to File Exhibit List filed by American Electric Power. (Nichols, Robert) |
| Filing 52 First MOTION for Extension of Time to File Exhibit List by John W Bradley. (Smith, Gerald) |
| Filing 51 Opposed MOTION to Compel Production of Exhibit List by American Electric Power. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Text of Proposed Order Proposed order granting motion to compel production of exhibit list)(Nichols, Robert) |
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Filing 50
ORDER REFERRING CASE to Mediator. Cecilia H Morgan added as Mediator. Signed by District Judge J. Campbell Barker on 08/05/20. (mll, )
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| Filing 49 NOTICE of Designation of Mediator, Cecilia H. Morgan, Esq., filed by American Electric Power. Joint Notice of Mediation (Nichols, Robert) |
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Filing 48
ORDER: Pretrial Conference set for 9/14/2020 09:00 AM in Ctrm 353 (Tyler) before Magistrate Judge K. Nicole Mitchell. Jury instructions due by 8/31/2020. Jury Selection set for 9/21/2020 09:30AM before District Judge J. Campbell Barker. Jury Trial set for 9/21/2020 09:30 AM before District Judge J. Campbell Barker. Proposed Pretrial Order due by 8/31/2020. Motion GRANTED IN PART: #47 Joint MOTION for Extension of Time to File Pretrial Deadlines filed by American Electric Power. Signed by Magistrate Judge K. Nicole Mitchell on 08/03/20. (mll, )
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| Filing 47 Joint MOTION for Extension of Time to File Pretrial Deadlines by American Electric Power. (Attachments: #1 Text of Proposed Order Proposed Order)(Nichols, Robert) |
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Filing 46
ORDER: The parties are ordered to file a notice that informs the court of the name of the parties' agreed-upon mediator and the date on which mediation will take place by 8/7/2020. Signed by District Judge J. Campbell Barker on 7/29/2020. (ndc)
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| Filing 45 STATUS REPORT Joint Report of Mediation Position by American Electric Power. (Nichols, Robert) |
| Filing 44 Plaintiff Witness List by John W Bradley. (Smith, Gerald) |
| Filing 43 NOTICE by American Electric Power of Exchanged PreTrial Disclosures (Nichols, Robert) |
| Filing 42 NOTICE by American Electric Power of Exchanged PreTrial Disclosures (Nichols, Robert) |
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Filing 41
ORDER to file a joint report including information requested in order by 7/28/2020. Signed by District Judge J. Campbell Barker on 7/21/2020. (ndc)
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| Pretrial Conference set for 9/14/2020 at 09:00 AM in Tyler Courthouse before Magistrate Judge K. Nicole Mitchell. (gsg) |
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Filing 40
DOCKET CONTROL ORDER. Pretrial Order due by 8/24/2020. Jury Selection set for 9/21/2020 AT 09:30 AM in Tyler Courthouse before District Judge J. Campbell Barker. Jury Trial set for 9/21/2020 AT 09:30 AM in Tyler Courthouse before District Judge J. Campbell Barker. Signed by Magistrate Judge K. Nicole Mitchell on 3/31/2020. (gsg)
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| Filing 39 Unopposed MOTION to Continue Trial and All Currently Unexpired Deadlines by American Electric Power. (Attachments: #1 Exhibit Attachment A, #2 Text of Proposed Order Proposed Order)(Nichols, Robert) |
| Filing 38 REPLY to Response to Motion re #35 MOTION for Summary Judgment filed by American Electric Power. (Nichols, Robert) |
| NOTICE of Hearing: The Pretrial Conference set for 6/9/2020 at 9:30 AM before District Judge J. Campbell Barker is RESET for 6/9/2020 at 1:30 PM before Magistrate Judge K. Nicole Mitchell. (leh, ) |
| Filing 37 RESPONSE in Opposition re #35 MOTION for Summary Judgment filed by John W Bradley. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Smith, Gerald) |
| Filing 36 NOTICE by American Electric Power Defendant's Identification of Potential Trial Witnesses (Nichols, Robert) |
| Filing 35 MOTION for Summary Judgment by American Electric Power. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Text of Proposed Order Proposed ORder)(Nichols, Robert) |
| Filing 34 AMENDED ANSWER to First Amended Complaint by American Electric Power. (Nichols, Robert) |
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Filing 33
FIRST AMENDED DOCKET CONTROL ORDER granting #32 Motion to Amend the Docket Control Order. Signed by Magistrate Judge K. Nicole Mitchell on 11/18/2019. (mjc, )
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| Filing 32 Joint MOTION to Amend/Correct #18 Scheduling Order, by American Electric Power. (Attachments: #1 Text of Proposed Order)(Nichols, Robert) |
| Filing 31 Defendant's ANSWER to #25 Amended Complaint by American Electric Power.(Nichols, Robert) |
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Filing 30
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #10 Report and Recommendations and denying #6 Motion to Dismiss filed by American Electric Power. As a sanction for plaintiff's past noncompliance with Rule 4's requirements, the court orders plaintiff to pay defendant's reasonable attorney's fees and costs associated with its motion to dismiss. Signed by District Judge J. Campbell Barker on 9/16/2019. (mjc, )
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Filing 29
ORDER denying as moot #23 Motion to Stay Discovery and all Pending Deadlines. Signed by Magistrate Judge K. Nicole Mitchell on 9/16/2019. (gsg)
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| ***NOTICE: Order #30 replaces Order #28 . PLEASE NOTE.*** (mjc, ) |
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Filing 28
***DOCUMENT FILED IN ERROR. PLEASE DISREGARD. SEALED BY COURT.***ORDER ADOPTING REPORT AND RECOMMENDATIONS for #10 Report and Recommendations of the United States Magistrate Judge. The court denies defendants motion to dismiss. Signed by District Judge J. Campbell Barker on 9/13/2019. (gsg) Modified on 9/16/2019 (mjc, ).
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| Filing 27 RESPONSE in Opposition re #6 MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 4(m) and 12(b)(5) Response to Court Order, Supplemental Brief filed by John W Bradley. (Attachments: #1 Affidavit, #2 Exhibit)(Smith, Gerald) |
| Filing 26 NOTICE by American Electric Power re #24 Order Adopting Report and Recommendations,, Defendant's Supplemental Brief to the Court Regarding Whether Dismissal Would Cause a New Time-Bar Issue (Nichols, Robert) |
| Filing 25 AMENDED COMPLAINT against American Electric Power, filed by John W Bradley.(Smith, Gerald) |
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Filing 24
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #10 Report and Recommendations, as to the conclusion that plaintiff failed to show good cause supporting a mandatory extension of the deadline for service of process. As to the question whether a discretionary extension is warranted, the court reserves judgment and orders supplemental briefing due by noon 9/12/2019. The court reserves judgment on whether to grant the defendant's motion to dismiss. Signed by District Judge J. Campbell Barker on 9/3/2019. (mjc, )
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| Filing 23 Unopposed MOTION to Stay Discovery Discovery and All Deadlines Pending Resolution of Defendant's Motion to Dismiss by American Electric Power. (Attachments: #1 Text of Proposed Order)(Nichols, Robert) |
| RESET Hearings: Jury Selection and Jury Trial set for 6/15/2020 09:30 AM before District Judge J. Campbell Barker. Pretrial Conference set for 6/9/2020 09:30 AM before District Judge J. Campbell Barker. (ndc) |
| Filing 22 NOTICE by American Electric Power Joint Notice to the Court Regarding No Agreement of Mediation Reached (Nichols, Robert) |
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Filing 21
ORDER TRANSFERRING CASE to District Judge J. Campbell Barker for all further proceedings. District Judge Jeremy D. Kernodle no longer assigned to case. Signed by District Judge Jeremy D. Kernodle on 6/28/19. (tkd, )
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Filing 20
DISCOVERY ORDER entered. Signed by Magistrate Judge K. Nicole Mitchell on 6/26/2019. (mjc, )
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Filing 19
AGREED PROTECTIVE ORDER entered. Signed by Magistrate Judge K. Nicole Mitchell on 6/26/2019. (mjc, )
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Filing 18
DOCKET CONTROL ORDER: Pretrial Conference set for 6/9/2020 01:30 PM in Ctrm 102 (Tyler) before District Judge Jeremy D. Kernodle. Jury Selection and Trial set for 6/15/2020 09:00 AM in Ctrm 102 (Tyler) before District Judge Jeremy D. Kernodle. Signed by Magistrate Judge K. Nicole Mitchell on 6/26/2019. (mjc, )
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| Minute Entry for proceedings held before Magistrate Judge K. Nicole Mitchell: Scheduling Conference held on 6/26/2019. Case Called. Appearances made: Gerald Smith Sr. f/Plaintiff and Robert Nichols f/Defendant. The Court will enter agreed foundational documents. Mediation discussed. Consent option explained. Court adjourned. (Court Reporter L Hardwick/ECRO. 9:57 a.m. - 10:03 a.m.) (leh, ) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT filed by American Electric Power identifying Corporate Parent American Electric Power Company, Inc. for American Electric Power. (Nichols, Robert) |
| Filing 16 STIPULATION Governing the Production of Electronically Stored Information (ESI) by American Electric Power. (Nichols, Robert) |
| Filing 15 Submission of Proposed Agreed Discovery order by American Electric Power . (Nichols, Robert) (Additional attachment(s) added on 6/17/2019: #1 Text of Proposed Order - Corrected) (mjc, ). |
| Filing 14 Submission of Proposed Agreed Protective order by American Electric Power . (Nichols, Robert) (Additional attachment(s) added on 6/17/2019: #1 Text of Proposed Order - Corrected) (mjc, ). |
| Filing 13 Submission of Proposed Agreed Docket Control/Scheduling order by American Electric Power . (Nichols, Robert) (Additional attachment(s) added on 6/17/2019: #1 Text of Proposed Order - Corrected) (mjc, ). |
| Filing 12 OBJECTION to #10 Report and Recommendations of the United States Magistrate Judge by American Electric Power. (Nichols, Robert) |
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Filing 11
ORDER setting Scheduling Conference for 6/26/2019 10:00 AM in Ctrm 353 (Tyler) before Magistrate Judge K. Nicole Mitchell. Parties are to submit an up-to-date Docket Control Order, Discovery Order, agreed order related to the discovery and production of electronically stored information, and a Protective Order no later than 9:00 a.m. ten days prior to the conference. Signed by Magistrate Judge K. Nicole Mitchell on 6/4/2019. (mjc, )
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| Filing 10 REPORT AND RECOMMENDATIONS re #6 MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 4(m) and 12(b)(5) filed by American Electric Power, recommending the motion be denied. AEP is awarded its costs and reasonable attorneys' fees associated with filing and briefing its Motion to Dismiss. Signed by Magistrate Judge K. Nicole Mitchell on 5/31/2019. (mjc, ) |
| Filing 9 Case Reassgined to District Judge Jeremy D. Kernodle. District Judge Robert W. Schroeder, III no longer assigned to the case. (rlf) |
| Filing 8 REPLY to Response to Motion re #6 MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 4(m) and 12(b)(5) filed by American Electric Power. (Nichols, Robert) |
| Filing 7 RESPONSE to Motion re #6 MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 4(m) and 12(b)(5) filed by John W Bradley. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Smith, Gerald) |
| Filing 6 MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 4(m) and 12(b)(5) by American Electric Power. (Attachments: #1 Text of Proposed Order)(Nichols, Robert) Modified on 9/16/2019 (mjc, ). |
| Filing 5 SUMMONS Returned Executed by John W Bradley. American Electric Power served on 11/6/2018, answer due 11/27/2018. (Smith, Gerald) |
| Filing 4 SUMMONS Issued as to American Electric Power. (mjc, ) |
| Filing 3 NOTICE of Attorney Appearance by Gerald Jerome Smith, Sr on behalf of John W Bradley (Smith, Gerald) |
| Filing fee: $ 400.00, receipt number 6-40707 (mll, ) |
| Filing 2 CASE REFERRED to Magistrate Judge K Nicole Mitchell. (mll, ) |
| Filing 1 COMPLAINT against American Electric Power, filed by John W Bradley. (Attachments: #1 Civil Cover Sheet, #2 Envelope(s))(mll, ) |
| DEMAND for Trial by Jury by John W Bradley. (mll, ) |
| 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. MAILED Consent Form to pltf. (mll, ) |
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