Tennessee v. Murphy-Brown, L.L.C. Featured Case
Plaintiff: Felicia D. Tennessee
Defendant: Murphy-Brown, L.L.C.
Case Number: 2:2010cv00167
Filed: April 12, 2010
Court: US District Court for the Eastern District of Virginia
Office: Norfolk Office
County: Sussex
Presiding Judge: Mark S. Davis
Presiding Judge: F. Bradford Stillman
Nature of Suit: Employment
Cause of Action: 42 U.S.C. § 2000
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 12, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 11, 2011 Filing 74 JURY TRIAL (day #1) held before District Judge Mark S. Davis: Paul McManus, OCR. Henry Evans Howell, III, Henry Levander Marsh, III and Benjamin Perdue, present on behalf of the Plaintiff. Plaintiff present. John Bredehoft and Mark Edward Warmbier, present on behalf of the Defendant. Mary Beth Williams, corporate representative, present on behalf of defendant. Matter came on for a trial with jury. Voir Dire held on 10/11/2011, Jury Trial held on 10/11/2011. Court heard argument on pending motions in limine. On motion, witnesses excluded from argument on motions. Comments of the Court. Court GRANTED 68 and 70 motions in limine; the Court granted in part and reserved ruling in part on 72 motion in limine. Petit jurors were sworn, examined on voir dire and from said panel came a jury (8 jurors) who were duly sworn. (Jurors not serving excused subject to call). Out of the presence of the jury, Batson challenge by Plaintiff argued, which objection was OVERRULED.On motion, witnesses excluded. Opening statements of counsel heard.Plaintiff presented evidence. Jurors excused until 10:00 a.m. on October 12, 2011 (counsel are to report at 9:30 a.m.) Jury Trial set for 10/12/2011 at 10:00 AM in Norfolk Courtroom 5 before District Judge Mark S. Davis. Court adjourned. (vwar)
October 7, 2011 Proposed exhibits received from defendant, original and two copies in binders. (mwin, )
October 5, 2011 Filing 73 Memorandum in Support re 72 MOTION in Limine to Exclude Evidence of Other Allegations of Harassment Involving Other Women on Other Farms filed by Murphy-Brown, L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Warmbier, Mark)
October 5, 2011 Filing 72 MOTION in Limine to Exclude Evidence of Other Allegations of Harassment Involving Other Women on Other Farms by Murphy-Brown, L.L.C.. (Warmbier, Mark)
October 5, 2011 Filing 71 Memorandum in Support re 70 MOTION in Limine to Prevent Any Reference to Defendant's Affiliation with Smithfield Foods, Inc. filed by Murphy-Brown, L.L.C.. (Warmbier, Mark)
October 5, 2011 Filing 70 MOTION in Limine to Prevent Any Reference to Defendant's Affiliation with Smithfield Foods, Inc. by Murphy-Brown, L.L.C.. (Warmbier, Mark)
October 5, 2011 Filing 69 Memorandum in Support re 68 MOTION in Limine to Prevent Any Reference to Defendant's Current or Former Employees as "Illegal" Workers filed by Murphy-Brown, L.L.C.. (Attachments: # 1 Exhibit 1)(Warmbier, Mark)
October 5, 2011 Filing 68 MOTION in Limine to Prevent Any Reference to Defendant's Current or Former Employees as "Illegal" Workers by Murphy-Brown, L.L.C.. (Warmbier, Mark)
October 5, 2011 Case Reassigned to Magistrate Judge Tommy E. Miller. Magistrate Judge Douglas E. Miller no longer assigned to the case. (rsim)
October 4, 2011 Filing 67 Proposed Voir Dire by Felicia D. Tennessee. (Howell, Henry)
October 4, 2011 Filing 66 Proposed Jury Instructions by Felicia D. Tennessee. (Howell, Henry)
October 4, 2011 Filing 65 Proposed Jury Instructions by Felicia D. Tennessee. (Howell, Henry)
October 4, 2011 Filing 64 (Without Authorities) Proposed Jury Instructions by Murphy-Brown, L.L.C.. (Warmbier, Mark)
October 4, 2011 Filing 63 (With Authorities) Proposed Jury Instructions by Murphy-Brown, L.L.C.. (Warmbier, Mark)
October 4, 2011 Filing 62 Proposed Voir Dire by Murphy-Brown, L.L.C.. (Warmbier, Mark)
October 4, 2011 Opinion or Order Filing 61 ORDER directing the Clerk to assign any matters which arise in this case to an alternate United States Magistrate Judge. Signed by Magistrate Judge F. Bradford Stillman and filed on 10/4/2011. (rsim)
October 4, 2011 Case reassigned to Magistrate Judge Douglas E. Miller. Magistrate Judge F. Bradford Stillman no longer assigned to the case. (rsim)
October 4, 2011 Minute Entry for proceedings held before Magistrate Judge F. Bradford Stillman: Settlement Conference held on 10/4/2011. (cdod, )
September 27, 2011 Opinion or Order Filing 60 ORDER denying as moot 52 Motion for Leave to File. Signed by Magistrate Judge F. Bradford Stillman and filed on 9/27/2011. (rsim)
September 27, 2011 Opinion or Order Filing 59 ORDER granting 40 Motion to Strike Plaintiff's Rebuttal Expert Disclosures. Signed by Magistrate Judge F. Bradford Stillman and filed on 9/27/2011. (rsim)
September 27, 2011 Opinion or Order Filing 58 ORDER denying 38 Motion to Strike. Signed by Magistrate Judge F. Bradford Stillman and filed on 9/27/2011. (rsim)
September 27, 2011 Filing 57 Request for Hearing by Felicia D. Tennessee re 38 MOTION to Strike Plaintiff's Expert Witnesses (Howell, Henry)
September 27, 2011 Filing 56 Request for Hearing by Felicia D. Tennessee re 42 MOTION for Summary Judgment (Howell, Henry)
September 27, 2011 Notice of Correction: Attorney notified that leave of court is needed to file 51 Reply to Motion re 40 MOTION to Strike Plaintiff's Rebuttal Expert Disclosures, Reply Providing Notice of Plaintiff's Failure to File a Response (rsim)
September 26, 2011 Filing 55 REPLY to Response to Motion re 42 MOTION for Summary Judgment filed by Murphy-Brown, L.L.C.. (Attachments: # 1 Exhibit Deposition Transcript)(Bredehoft, John)
September 26, 2011 Filing 54 Response to 46 Objection to the Filing of Defendant's Motion for Summary Judgment filed by Murphy-Brown, L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Warmbier, Mark)
September 26, 2011 Filing 53 Memorandum in Support re 52 MOTION for Leave to File a Supplemental Memorandum filed by Murphy-Brown, L.L.C.. (Warmbier, Mark)
September 26, 2011 Filing 52 MOTION for Leave to File a Supplemental Memorandum re 38 MOTION to Strike Plaintiff's Expert Witnesses by Murphy-Brown, L.L.C.. (Attachments: # 1 Proposed Supplemental Memorandum, # 2 Guanzon Deposition)(Warmbier, Mark) Modified on 9/27/2011 to link to motion(rsim).
September 26, 2011 Filing 51 Reply to Motion re 40 MOTION to Strike Plaintiff's Rebuttal Expert Disclosures, Reply Providing Notice of Plaintiff's Failure to File a Response filed by Murphy-Brown, L.L.C.. (Warmbier, Mark)
September 26, 2011 MOTIONS REFERRED to Magistrate Judge F. Bradford Stillman. 38 MOTION to Strike Plaintiff's Expert Witnesses, 40 MOTION to Strike Plaintiff's Rebuttal Expert Disclosures (rsim)
September 23, 2011 Filing 50 RESPONSE in Opposition re 42 MOTION for Summary Judgment filed by Felicia D. Tennessee. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Howell, Henry)
September 23, 2011 Opinion or Order Filing 49 SETTLEMENT CONFERENCE ORDER that all parties and their lead counsel are required to appear at the U.S. District Court, 600 Granby Street, Norfolk, VA at 10:00 a.m. on 10/4/2011 for the purpose of conducting discussions towards a compromised resolution of this case; each party must bring a person with full and complete authority to settle the case; directing the parties to submit a brief memorandum of five pages or less to chambers (do not file in the clerk's office) on 10/3/2011 by noon. (See Order for Specifics.) Signed by Magistrate Judge F. Bradford Stillman and filed on 9/23/2011. (rsim)
September 23, 2011 Opinion or Order Filing 48 FINAL PRETRIAL ORDER entered in the presence of counsel. Signed by Magistrate Judge F. Bradford Stillman and filed on 9/23/2011. (rsim)
September 23, 2011 Filing 47 REPLY to Response to Motion re 38 MOTION to Strike Plaintiff's Expert Witnesses filed by Murphy-Brown, L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Warmbier, Mark)
September 23, 2011 Minute Entry for proceedings held before Magistrate Judge F. Bradford Stillman: Final Pretrial Conference held on 9/23/2011. (cdod, )
September 22, 2011 Set Deadlines/Hearings Settlement Conference set for 10/4/2011 at 10:00 AM in Chambers before Magistrate Judge F. Bradford Stillman. (afor, )
September 19, 2011 Filing 46 Objection to 42 MOTION for Summary Judgment filed by Felicia D. Tennessee. (Howell, Henry)
September 17, 2011 Filing 45 Reply to Motion re 38 MOTION to Strike Plaintiff's Expert Witnesses filed by Felicia D. Tennessee. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Howell, Henry)
September 15, 2011 Opinion or Order Filing 44 ORDER that pursuant to Local Civil Rule 83.6, counsel for the parties are DIRECTED to contact the docket clerk, at 757-222-7222, within ten (10) days next after the date of entry of this Order to schedule a settlement conference before United States Magistrate Judge F. Bradford Stillman. Signed by District Judge Mark S. Davis and filed on 9/15/11. (jcow, )
September 12, 2011 Filing 43 Memorandum in Support re 42 MOTION for Summary Judgment filed by Murphy-Brown, L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Warmbier, Mark)
September 12, 2011 Filing 42 MOTION for Summary Judgment by Murphy-Brown, L.L.C.. (Warmbier, Mark)
September 6, 2011 Filing 41 Memorandum in Support re 40 MOTION to Strike Plaintiff's Rebuttal Expert Disclosures filed by Murphy-Brown, L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Warmbier, Mark)
September 6, 2011 Filing 40 MOTION to Strike Plaintiff's Rebuttal Expert Disclosures by Murphy-Brown, L.L.C.. (Warmbier, Mark)
September 6, 2011 Filing 39 Memorandum in Support re 38 MOTION to Strike Plaintiff's Expert Witnesses filed by Murphy-Brown, L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Warmbier, Mark)
September 6, 2011 Filing 38 MOTION to Strike Plaintiff's Expert Witnesses by Murphy-Brown, L.L.C.. (Warmbier, Mark)
July 29, 2011 Filing 37 NOTICE of Appearance by Frank Alwin Edgar, Jr on behalf of Murphy-Brown, L.L.C. (Edgar, Frank)
July 14, 2011 Opinion or Order Filing 36 OPINION AND ORDER that Defendant's Motion to Dismiss is DENIED. The Court concludes that Plaintiff properly filed the Amended Complaint on January 20,2011, within the fifteen day window. Signed by District Judge Mark S. Davis on 7/13/2011 and filed on 7/14/2011. (rsim) Modified on 7/15/2011 to change title of order(rsim).
March 9, 2011 Filing 35 Rule 16(b) Scheduling Order - Final Pretrial Conference set for 9/23/2011 11:00 AM at the courthouse in Norfolk. Jury trial demanded. Jury Trial set for 10/11/2011 10:00 AM. Signed by District Judge Mark S. Davis on 3/7/2011 and filed on 3/9/2011. (rsim)
March 7, 2011 Scheduling Conference held on 3/7/2011. (vwar)
March 4, 2011 Filing 34 Request for Hearing by Felicia D. Tennessee re 25 Answer to Complaint, 26 MOTION to Dismiss Count II of Amended Complaint (Howell, Henry)
March 1, 2011 Opinion or Order Filing 33 ORDER granting 28 Motion to Withdraw. Matthew W. Smith, Esq. is discharged from any obligation to represent Defendant as counsel of record herein. Signed by Magistrate Judge F. Bradford Stillman on 2/28/11 and filed 3/1/11. (lwoo)
February 28, 2011 MOTION REFERRED to Magistrate Judge F. Bradford Stillman. 28 MOTION to Withdraw Matthew Smith (lwoo)
February 23, 2011 Filing 32 REPLY to Response to Motion re 26 MOTION to Dismiss Count II of Amended Complaint filed by Murphy-Brown, L.L.C.. (Bredehoft, John)
February 17, 2011 Filing 31 Memorandum in Opposition re 26 MOTION to Dismiss Count II of Amended Complaint filed by Felicia D. Tennessee. (Howell, Henry)
February 8, 2011 Opinion or Order Filing 30 RULE 26(f) SCHEDULING ORDER: Initial Pretrial Conference set for 3/7/2011 at 09:15 AM. Signed by Magistrate Judge F. Bradford Stillman and filed on 2/8/2011. (rsim)
February 8, 2011 Filing 29 Brief in Support to 28 MOTION to Withdraw Matthew Smith filed by Murphy-Brown, L.L.C.. (Warmbier, Mark)
February 8, 2011 Filing 28 MOTION to Withdraw Matthew Smith by Murphy-Brown, L.L.C.. (Warmbier, Mark)
February 8, 2011 Refer for 16(b) (lwoo)
February 7, 2011 Filing 27 Memorandum in Support re 26 MOTION to Dismiss Count II of Amended Complaint filed by Murphy-Brown, L.L.C.. (Bredehoft, John)
February 7, 2011 Filing 26 MOTION to Dismiss Count II of Amended Complaint by Murphy-Brown, L.L.C.. (Bredehoft, John)
February 7, 2011 Filing 25 ANSWER to Complaint (Amended Complaint) by Murphy-Brown, L.L.C..(Bredehoft, John)
January 20, 2011 Filing 24 AMENDED COMPLAINT against Murphy-Brown, L.L.C., filed by Felicia D. Tennessee.(Howell, Henry)
January 18, 2011 Opinion or Order Filing 23 ORDER granting 20 Motion to Withdraw as Attorney. Attorney Frederick Hope Marsh terminated. Signed by Magistrate Judge F. Bradford Stillman and filed on 1/18/11. (lwoo)
January 14, 2011 MOTION REFERRED to Magistrate Judge F. Bradford Stillman. 20 MOTION to Withdraw as Attorney of Frederick H. Marsh (lwoo)
January 4, 2011 Opinion or Order Filing 22 OPINION AND ORDER granting in part and denying in part 9 Motion to Dismiss. With respect to Count I, Defendant's motion to dismiss is DENIED; directing Plaintiff to amend the erroneous portions of Count I of the Complaint, referencing 42 U.S.C. 1981, within 15 days of entry of this Opinion and Order. Defendant's motion to dismiss Count II is GRANTED. The Court, sua sponte, grants the Plaintiff leave to amend this count within 15 days of entry of this Opinion and Order. (See Opinion and Order for specifics.) Signed by District Judge Mark S. Davis and filed on 1/4/11. (lwoo)
December 30, 2010 Filing 21 NOTICE by Felicia D. Tennessee Withdraw of Frederick H. Marsh as Counsel (Marsh, Frederick)
December 30, 2010 Filing 20 MOTION to Withdraw as Attorney of Frederick H. Marsh by Felicia D. Tennessee. (Marsh, Frederick)
December 30, 2010 Notice of Correction re 20 MOTION to Withdraw as Attorney of Frederick H. Marsh, this motion was filed without a memorandum in support. The filing user has been requested to file the appropriate memorandum in support. (jcow, )
December 29, 2010 Filing 19 CERTIFICATE of Service re 18 Notice of Appearance by Henry Evans Howell, III on behalf of Felicia D. Tennessee (Howell, Henry)
December 28, 2010 Filing 18 NOTICE of Appearance by Henry Evans Howell, III on behalf of Felicia D. Tennessee (Howell, Henry)
December 21, 2010 Filing 17 NOTICE of Appearance by Mark Edward Warmbier on behalf of Murphy-Brown, L.L.C. (Warmbier, Mark)
December 21, 2010 Filing 16 NOTICE of Appearance by John M. Bredehoft on behalf of Murphy-Brown, L.L.C. (Bredehoft, John)
August 6, 2010 Case reassigned to District Judge Mark S. Davis. District Judge Raymond A. Jackson no longer assigned to the case. (kgri)
August 5, 2010 Notice of Correction re 14 Reply to Response to Motion. Counsel is notified that this reply should have been linked to the motion to which it refers. The clerk has created the association and has corrected the docket text. (kgri)
August 3, 2010 Filing 15 Memorandum in Support of Motion to Dismiss Under FRCP 12(b)(6) filed by Murphy-Brown, L.L.C.. (Attachments: # 1 Exhibit 1)(Smith, Matthew)
August 3, 2010 Notice of Correction re 10 Memorandum in Support; this document is an incorrect document for this filing. The filing user has been requested to refile the proper document in support of the motion to dismiss in this case. (jcow, )
August 2, 2010 Filing 14 REPLY to Response to 9 Motion to Dismiss Under FRCP 12(b)(6) by Murphy-Brown, L.L.C. filed by Murphy-Brown, L.L.C. (Bredehoft, John) Modified on 8/5/2010 per 8/6/10 notice of correction (kgri)
July 27, 2010 Notice of Correction re 13 Response in Opposition to Motion. Counsel has been notified that a link should have been created between this response and 9 the motion. The clerk has corrected this error. (kgri)
July 26, 2010 Filing 13 RESPONSE in Opposition to 9 MOTION to Dismiss Under FRCP 12()b)(6) by Murphy-Brown, L.L.C. filed by Felicia D. Tennessee. (Marsh, Frederick) Modified on 7/27/2010 to show link to motion (kgri)
July 22, 2010 Opinion or Order Filing 12 ORDER granting 11 Motion for Extension of Time to File Response/Reply. The plaintiff shall have an extension to 7/26/10 to file her response to defendant's Motion to Dismiss. Signed by Magistrate Judge F. Bradford Stillman and filed on 7/22/10; Copies to counsel on 7/22/10. (kgri)
July 16, 2010 Filing 11 MOTION for Extension of Time to File Response/Reply Motion to Dismiss by Felicia D. Tennessee. (Marsh, Frederick)
July 7, 2010 Filing 10 Memorandum in Support Motion to Dismiss Under FRCP 12(b)(6) filed by Murphy-Brown, L.L.C.. (Attachments: # 1 Exhibit 1)(Smith, Matthew)
July 7, 2010 Filing 9 MOTION to Dismiss Under FRCP 12()b)(6) by Murphy-Brown, L.L.C.. (Smith, Matthew)
June 18, 2010 Filing 8 SUMMONS Returned Executed: Murphy-Brown, L.L.C. served on 6/17/2010. (kgri)
May 10, 2010 Filing 7 Financial Interest Disclosure Statement (Local Rule 7.1) by Murphy-Brown, L.L.C.. (Smith, Matthew)
May 10, 2010 Opinion or Order Filing 6 ORDER granting 3 Motion for Leave to File. The Court orders that defendant Murphy-Brown, LLC is granted leave to file its Local Rule 7.1 Financial Disclosurewithin 10 days. Signed by Magistrate Judge F. Bradford Stillman and filed on 5/10/10; Copies to counsel on 5/10/10. (kgri)
May 5, 2010 Filing 5 Summons Issued with 1 copy of Complaint as to Murphy-Brown, L.L.C. with attachment #1. Summons package held for pick up as requested. (Attachments: # 1 Magistrate Judge Notice and Judge's Information, # 2 Cover Letter)(kgri)
May 1, 2010 Filing 4 NOTICE of Appearance by Matthew Westcott Smith on behalf of Murphy-Brown, L.L.C. (Smith, Matthew)
April 29, 2010 Filing 3 MOTION for Leave to File Rule 7.1 Financial Disclosure by Murphy-Brown, L.L.C.. (Attachments: # 1 Exhibit Rule 7.1 Financial Disclosure, # 2 Proposed Order Proposed Order)(Smith, Matthew)
April 29, 2010 Notice of Correction re 2 Notice of Appearance. Counsel has been notified that the required financial disclosure statement was not filed with the party's first filing as required by the Local Rules. Leave of Court is now required to file this document. (kgri)
April 22, 2010 Filing 2 NOTICE of Appearance by Matthew Westcott Smith on behalf of Murphy-Brown, L.L.C. (Smith, Matthew)
April 12, 2010 Filing 1 COMPLAINT against Murphy-Brown, L.L.C. (Filing fee $350.00; receipt number 24683006731) filed by Felicia D. Tennessee. Jury trial demanded. (Attachments: # 1 Receipt, # 2 Civil Cover Sheet, # 3 Cover Letter)(kgri)

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Plaintiff: Felicia D. Tennessee
Represented By: Henry Evans Howell, III
Represented By: Henry Levander Marsh, III
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Defendant: Murphy-Brown, L.L.C.
Represented By: John M. Bredehoft
Represented By: Mark Edward Warmbier
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