Mangum v. J.C. Penney Corporation, Inc.
| Shaneka Mangum |
| J.C. Penney Corporation, Inc. |
| 4:2023cv00860 |
| March 8, 2023 |
| US District Court for the Southern District of Texas |
| David Hittner |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.
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| Filing 56 MOTION to Amend #54 Certificate of Interested Parties ( Motion Docket Date 4/21/2023.), MOTION to Modify (original filed without signatures, re-filed only to add signatures) as to #54 Certificate of Interested Parties by J.C. Penney Corporation, Inc., filed. (Staple, Jaclyn) |
| Filing 55 AMENDED #52 MOTION, Amended MOTION to Modify (original filed without signatures, re-filed only to add signatures) as to #52 MOTION to Dismiss or Alternatively to Refer Case to Bankruptcy Court ( Motion Docket Date 4/21/2023.) by J.C. Penney Corporation, Inc., filed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order)(Staple, Jaclyn) |
| Filing 54 CERTIFICATE OF INTERESTED PARTIES by J.C. Penney Corporation, Inc., filed.(Fiddler, G.) |
| Filing 53 PROPOSED ORDER re: #52 MOTION to Dismiss or Alternatively to Refer Case to Bankruptcy Court, filed.(Fiddler, G.) |
| Filing 52 MOTION to Dismiss or Alternatively to Refer Case to Bankruptcy Court by J.C. Penney Corporation, Inc., filed. Motion Docket Date 4/14/2023. (Attachments: #1 Exhibit Certificate of Interested Parties, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order)(Fiddler, G.) |
Filing 51
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/18/2023 at 10:30 AM by video before Magistrate Judge Peter Bray. (Signed by Judge David Hittner) Parties notified.(AkeitaMichael, 4)
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| Filing 50 Case transferred in from North Carolina Eastern. Case Number 5:21-cv-00259; certified copy of transfer order, certified docket sheet, and transfer letter received |
| Case transferred to District of United States Bankruptcy Court for the Southern District of Texas. File transmitted electronically. (McNally, Kimberly) |
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Filing 49
ORDER: this court ORDERS this case transferred to the United States Bankruptcy Court for the Southern District of Texas. Signed by Chief US District Judge Richard E. Myers II on 3/6/2023. (McNally, Kimberly)
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| Documents submitted to Chief US District Judge Richard E. Myers II: #47 Response to Order and #48 Response to Order. (McNally, Kimberly) |
| Filing 48 RESPONSE to Order regarding #47 Response, #46 Order to Show Cause, filed by J.C. Penney Corporation, Inc.. (Goodson, Patricia) |
| Filing 47 RESPONSE to Order regarding #46 Order to Show Cause, by Shaneka Mangum. (McLawhorn, Benjamin) |
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Filing 46
ORDER TO SHOW CAUSE: The Plaintiff is ordered to show cause on or before Friday, February 3, 2023. The Defendant shall have up to and including Friday, February 17, 2023 to file any response. Signed by Chief US District Judge Richard E. Myers II on 1/12/2023. (McNally, Kimberly)
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| Filing 45 RESPONSE in Opposition regarding #29 First MOTION to Dismiss filed by Shaneka Mangum. (McLawhorn, Benjamin) |
| Notice to Counsel regarding: #44 Response to #43 Order Supplemental Brief. Counsel is reminded that pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual. Attachments must be clearly labeled (i.e., "Exhibit 1" is not a sufficient description). The case administrator has corrected the docket entry. No further action required by counsel at this time. However, failure to do so in the future may result in a notice of deficiency. (Waddell, K.) |
| Filing 44 Response to #43 Order, Supplemental Brief in Support of Motion to Dismiss Complaint filed by J.C. Penney Corporation, Inc.. (Attachments: #1 Exhibit 1 - Proof of Publication NYT 5.19.2020, #2 Exhibit 2 - Proof of Publication NYT 10.30.2020, #3 Exhibit 3 = JCPenney News Release) (Thaller-Moran, Jessica) Modified on 8/8/2022 to clarify document description and identify exhibits (Waddell, K.). |
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Filing 43
ORDER regarding #29 First MOTION to Dismiss. The court DIRECTS Defendant to file a supplemental brief in support of its motion to dismiss on or before August 5, 2022. The court also re-opens the response deadline as to Defendant's motion to dismiss and DIRECTS Plaintiff to file a response on or before August 26, 2022. Signed by Chief US District Judge Richard E. Myers II on 7/18/2022. (Waddell, K.)
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Filing 42
ORDER granting #39 Motion to Stay Discovery. The parties shall file a joint Rule 26(f) report within fourteen (14) days of the Court's ruling on the pending Motion to Dismiss [D.E. 29]. Signed by US Magistrate Judge Brian S. Meyers on 12/20/2021. (Waddell, K.)
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| Motion Referred to US Magistrate Judge Brian S. Meyers regarding #39 MOTION to Stay. (Waddell, K.) |
| Filing 41 Memorandum in Support of Motion to Stay Discovery filed by J.C. Penney Corporation, Inc.. (Thaller-Moran, Jessica) |
| Filing 40 Proposed Order re: Motion to Stay Discovery filed by J.C. Penney Corporation, Inc.. (Thaller-Moran, Jessica) |
| Filing 39 MOTION to Stay filed by J.C. Penney Corporation, Inc.. (Thaller-Moran, Jessica) |
| Filing 38 Notice of Substitution of Counsel filed by Benjamin Tyler McLawhorn on behalf of Shaneka Mangum substituting for Christine D. Kidd. (McLawhorn, Benjamin) |
| Filing 37 Notice of Substitution of Counsel filed by Benjamin Tyler McLawhorn on behalf of Shaneka Mangum substituting for Christine D. Kidd. (McLawhorn, Benjamin) |
| NOTICE OF DEFICIENCY regarding #37 Notice of Substitution of Counsel. Counsel's notice of substitution does not comply with Local Civil Rule 5.2(c). Counsel is directed to refile. (Waddell, K.) |
| Filing 36 Notice of Special Appearance for non-district by G. Scott Fiddler on behalf of J.C. Penney Corporation, Inc.. (Fiddler, G.) |
| Filing 35 Notice of Special Appearance for non-district by Jaclyn C. Staple on behalf of J.C. Penney Corporation, Inc.. (Staple, Jaclyn) |
| SECOND NOTICE OF DEFICIENCY regarding #34 Notice of Substitution of Counsel. The document attached is not a notice of substitution, but rather a consent order to substitute. If counsel wishes to proceed with this order, it must also file a corresponding motion. Otherwise, counsel is directed to file a notice of substitution in accordance with Local Civil Rule 5.2(c). (Waddell, K.) |
| Motion Submitted to Chief US District Judge Richard E. Myers II regarding #29 First MOTION to Dismiss. (Waddell, K.) |
| NOTICE OF DEFICIENCY regarding #34 Notice of Substitution of Counsel. The document attached is not a notice of substitution, but rather a consent order to substitute. If counsel wishes to proceed with this order, it must also file a corresponding motion. Otherwise, counsel is directed to file a notice of substitution in accordance with Local Civil Rule 5.2(c). (Waddell, K.) |
| NOTICE OF DEFICIENCY regarding #32 Notice of Special Appearance and #33 Notice of Special Appearance. Each attorney making an appearance in the case must be a registered CM/ECF filer with this court and must file his or her own Notice of Appearance. (Waddell, K.) M |
| Filing 34 Notice of Substitution of Counsel filed by Benjamin Tyler McLawhorn on behalf of Shaneka Mangum substituting for Christine D. Kidd. (McLawhorn, Benjamin) |
| Filing 33 Notice of Special Appearance for non-district by Jessica Thaller-Moran on behalf of J.C. Penney Corporation, Inc.. (Thaller-Moran, Jessica) |
| Filing 32 Notice of Special Appearance for non-district by Jessica Thaller-Moran on behalf of J.C. Penney Corporation, Inc.. (Thaller-Moran, Jessica) |
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Filing 31
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 11/2/2021. (Waddell, K.)
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| Filing 30 Memorandum in Support regarding #29 First MOTION to Dismiss by J.C. Penney Corporation, Inc.. (Thaller-Moran, Jessica) |
| Filing 29 First MOTION to Dismiss filed by J.C. Penney Corporation, Inc.. (Thaller-Moran, Jessica) |
| Filing 28 Financial Disclosure Statement by J.C. Penney Corporation, Inc. (Thaller-Moran, Jessica) |
| Filing 27 First MOTION for Extension of Time to File Response/Reply to Amended Complaint filed by J.C. Penney Corporation, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Thaller-Moran, Jessica) Modified to correct event on 10/18/2021 (Hockaday, A.). |
| Filing 26 Notice of Appearance filed by Jessica Thaller-Moran on behalf of All Defendants. (Thaller-Moran, Jessica) |
| Filing 25 Notice of Appearance filed by Patricia W. Goodson on behalf of All Defendants. (Goodson, Patricia) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #27 First MOTION for Extension of Time to File Response/Reply to Amended Complaint.. (Waddell, K.) |
| TEXT ORDER granting Defendant's Motion for Extension of Time #27 . For good cause shown, it is ordered that Defendant has up to and including November 1, 2021, within which to answer or otherwise respond to the Amended Complaint #22 . Signed by Peter A. Moore, Jr., Clerk of Court on 10/18/2021. (Hockaday, A.) |
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Filing 24
ORDER regarding #11 Motion to Dismiss. Plaintiff's Amended Complaint renders the original Complaint of no legal effect. Penney OpCo LLC's Motion to Dismiss is therefore DENIED AS MOOT, and Penney OpCo LLC is DISMISSED from this action. Signed by Chief US District Judge Richard E. Myers II on 9/22/2021. (Waddell, K.)
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| Filing 23 Summons Issued as to J.C. Penney Corporation, Inc. Counsel shall print the attached summonses and serve with other related documents in accordance with Fed.R.Civ.P.4. (Waddell, K.) |
| Filing 22 AMENDED COMPLAINT Corrected against Shaneka Mangum, filed by Shaneka Mangum. (Attachments: #1 Exhibit 1 - Mangum Right to Sue, #2 Proposed Summons) (Kidd, Christine) |
| Filing 21 CORRECTED AND REFILED AT #22 AMENDED COMPLAINT against Shaneka Mangum, filed by Shaneka Mangum. (Attachments: #1 Proposed Summons, #2 Exhibit Exhibit 1 - Mangum Right to Sue Letter) (Kidd, Christine) |
| NOTICE OF DEFICIENCY regarding #21 Amended Complaint. Plaintiff did not correct the title of the attached pleading as directed in the court's order, filed at DE 20. Counsel is directed to refile. (Waddell, K.) |
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Filing 20
ORDER granting #17 Motion to Amend Complaint. Plaintiff shall file an Amended Complaint within fourteen (14) days of this Order. Specifically, Plaintiff shall re-file the proposed amended pleading entitled "Complaint" filed as Exhibit 2 to Plaintiff's Motion [DE 17-2] with the corrected title pursuant to Local Rule 10.l(e). Signed by Chief US District Judge Richard E. Myers II on 9/19/2021. (Waddell, K.)
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| Filing 19 RESPONSE to Motion regarding #17 Corrected MOTION to Amend/Correct filed by Penney OpCo LLC. (Hulse, Nicholas) |
| Notice to Counsel regarding: #17 Motion to Amend Complaint. Pursuant to Chief District Judge Richard E. Myers II Practice Preferences, counsel shall email proposed orders in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (Waddell, K.) |
| Motions Submitted to Chief US District Judge Richard E. Myers II regarding #11 MOTION to Dismiss and #17 Corrected MOTION to Amend Complaint. (Waddell, K.) |
| Filing 18 Memorandum in Support regarding #17 Corrected MOTION to Amend/Correct filed by Shaneka Mangum. (Kidd, Christine) |
| Filing 17 Corrected MOTION to Amend Complaint filed by Shaneka Mangum. (Attachments: #1 Exhibit - Amended Complaint - Redlined, #2 Exhibit - Amended Complaint, #3- Proposed Summons, #4 Exhibit Exhibit to Amended Complaint - Mangum Right to Sue Letter) (Kidd, Christine) Modified on 9/7/2021 to clarify document description in docket text (Waddell, K.). |
| Filing 16 Memorandum in Support regarding #15 MOTION to Amend/Correct filed by Shaneka Mangum. (Kidd, Christine) |
| Filing 15 CORRECTED AND REFILED AT #17 MOTION to Amend filed by Shaneka Mangum. (Kidd, Christine) |
| NOTICE OF DEFICIENCY regarding #15 Motion to Amend/Correct. Pursuant to Judge Myers' Practice Preference and Procedures, found on this court's website, any motion seeking to amend a pleading shall include as exhibits both the proposed amended pleading and a red-lined version of the proposed amended pleading showing changes proposed to be made. The proposed pleading must be properly signed. Counsel shall refile. (Collins, S.) |
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Filing 14
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 8/24/2021. (Waddell, K.)
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| REMINDER TO COUNSEL regarding #11 and #12 . Pursuant to Chief Judge Myers Practice Preferences, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 1003 South 17th Street, Wilmington, NC 28401. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted tabbed by docket entry and exhibit number in a three-ring binder. The courtesy copy shall include the CM-ECF file stamp. (Waddell, K.) |
| Notice to Counsel regarding: #12 Memorandum in Support. Counsel is reminded to properly identify attachments pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual in future filings. Attachments must be clearly labeled (i.e., "Exhibit A" is not a sufficient description). (Waddell, K.) |
| Filing 13 Financial Disclosure Statement by Penney OpCo LLC identifying Corporate Parent Penney Holdings, LLC, Corporate Parent Copper Retail JV LLC, Corporate Parent Penney Borrower, LLC, Corporate Parent Penney Intermediate Holdings, LLC for Penney OpCo LLC. (Hulse, Nicholas) |
| Filing 12 Memorandum in Support regarding #11 MOTION to Dismiss filed by Penney OpCo LLC. (Attachments: #1 Exhibit A - Charge of Discrimination, #2 Exhibit B - Petition for Bankruptcy, #3 Exhibit C - Amended Order re Chapter 11, Case No. 20-33801, #4 Exhibit D - Order re Chapter 11, Case No. 20-20182) (Hulse, Nicholas) Modified on 8/24/2021 to identify exhibits (Waddell, K.). |
| Filing 11 MOTION to Dismiss filed by Penney OpCo LLC. (Hulse, Nicholas) |
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Filing 10
ORDER granting #9 Motion for Extension of Time. The Defendant shall file responsive pleadings and otherwise respond to Plaintiff's Complaint on or before August 23, 2021. Signed by US Magistrate Judge Brian S. Meyers on 8/11/2021. (Waddell, K.)
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| Filing 9 Third MOTION for Extension of Time to Respond to Plaintiff's Complaint filed by Penney OpCo LLC. (Attachments: #1 Text of Proposed Order Exhibit 1) (Hulse, Nicholas) |
| Motion Referred to US Magistrate Judge Brian S. Meyers regarding #9 Third MOTION for Extension of Time to Respond to Plaintiff's Complaint. (Waddell, K.) |
| Filing 8 Notice of Substitution of Counsel filed by Nicholas Hulse on behalf of Penney OpCo LLC substituting for Holly N. Mancl. (Hulse, Nicholas) |
| TEXT ORDER granting Defendant's Second Unopposed Motion for Extension of Time #7 . For good cause shown, it is ordered that Defendant has up to and including August 13, 2021, within which to answer or otherwise respond to the Complaint #1 . Signed by Peter A. Moore, Jr., Clerk of Court on 7/23/2021. (Hockaday, A.) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #7 Second MOTION for Extension of Time to File Answer Unopposed. (Waddell, K.) |
| Filing 7 Second MOTION for Extension of Time to File Answer Unopposed filed by Penney OpCo LLC. (Attachments: #1 Exhibit Exhibit 1 Proposed Order to Defendant's Second Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint) (Mancl, Holly) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #6 MOTION for Extension of Time to File Answer Unopposed. (Waddell, K.) |
| TEXT ORDER granting Defendant's unopposed Motion for Extension of Time #6 . For good cause shown, it is ordered that Defendant has up to and including July 24, 2021, within which to answer or otherwise respond to the Complaint #1 . Signed by Peter A. Moore, Jr., Clerk of Court on 7/14/2021. (Hockaday, A.) |
| Filing 6 MOTION for Extension of Time to File Answer Unopposed filed by Penney OpCo LLC. (Attachments: #1 Exhibit Exhibit 1 Proposed Order Granting Defendant's Unopposed Motion for Extension of Time to Answer) (Mancl, Holly) |
| Filing 5 Notice of Appearance filed by Holly N. Mancl on behalf of Penney OpCo LLC. (Mancl, Holly) |
| Filing 4 Summons Issued as to Penney OpCo LLC. *NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4.* (Waddell, K.) |
| Filing 3 Notice filed by Shaneka Mangum regarding #1 Complaint, Cover Sheet and Proposed Summons. (Attachments: #1 Civil Cover Sheet) (Kidd, Christine) |
| NOTICE OF DEFICIENCY regarding Civil Cover Sheet [DE-1-1] and Proposed Summons [DE-1-2]. Counsel did not flatten the PDF after creating it as required pursuant to Section IV.B of the CM/ECF Policies and Procedures Manual. Counsel is directed to refile these documents making sure to comply with the rule. (Waddell, K.) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Waddell, K.) |
| Filing 2 Notice of Appearance filed by Christine Kidd on behalf of Shaneka Mangum. (Kidd, Christine) |
| Filing 1 COMPLAINT against Penney OpCo LLC ( Filing fee $ 402 receipt number 0417-6089615.), filed by Shaneka Mangum. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit 1 - Mangum Right to Sue, #4 Supplement Financial Disclosure) (Kidd, Christine) . (Attachments 1 and 2 flattened and replaced on 6/28/2021). |
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