Staples v. B&K Technology Solutions, Inc.
| Marcus Staples |
| B&K Technology Solutions, Inc. doing business as Advanced Technology Recycling, Inc. |
| 3:2022cv00031 |
| January 20, 2022 |
| US District Court for the Eastern District of Virginia |
| Robert E Payne |
| Civil Rights: Jobs |
| 42 U.S.C. § 1981 Job Discrimination (Race) |
| Plaintiff |
Docket Report
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Filing 42
ORDER - Having reviewed the Joint Notice Regarding Settlement (ECF No. #41 ), and it appearing that the parties have resolved the issue of attorneys' fees and costs, it is hereby ORDERED that the plaintiff is awarded $56,000.00 for attorneys' fees and costs. It is further ORDERED that the PLAINTIFF'S MOTION FOR REASONABLE ATTORNEYS' FEES AND COSTS (ECF No. #27 ) is denied as moot having been resolved by the parties. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 1/20/2023. (sbea)
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| Filing 41 JOINT NOTICE Regarding Settlement by Marcus Staples re: #40 Order. (Shoemaker, James) (Main Document 41 replaced on 1/20/2023) (jjones, ). Modified on 1/20/2023. (sbea) |
| Notice of Correction re: #41 NOTICE; per Local Rules, please be mindful that signature block of the local attorney should appear before Pro Hac Vice attorneys. Please reach out to the Clerk's Office so the document may be swapped out. (sbea) |
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Filing 40
ORDERED that the JOINT MOTION FOR EXTENSION OF TIME (ECF No. #39 ) is granted. It is further ORDERED that the parties shall file a Joint Notice Regarding Settlement by January 19, 2023. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 1/13/2023. (sbea)
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| Filing 39 Joint MOTION for Extension of Deadline to Respond to Court on Settlement by B&K Technology Solutions, Inc. (Attachment: #1 Proposed Order)(Holden, Kevin). Clerk replaced Proposed Order on 1/12/2023. NEF was regenerated. Modified on 1/12/2023. (sbea) |
| Filing 38 Response to #37 Order, filed by Marcus Staples. (Attachments: #1 Exhibit A - demand letter)(Shoemaker, James) |
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Filing 37
ORDERS Plaintiff Marcus Staples to forthwith file a copy of the demand letter referenced during the hearing on January 10, 2023 as part of the record of this case. It is SO ORDERED. Signed by Senior United States District Judge Robert E. Payne on 1/11/2023. (sbea)
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| Filing 36 Minute Entry for proceedings held before District Judge Robert E. Payne: Motion Hearing held on 1/10/2023 re #27 . The Court instructs the parties to attempt to resolve the issues regarding Plaintiff's Motion for Attorney Fees and Costs (ECF No. 27) with the cut off date for fees being the date of the Offer of Judgment (ECF No. 25). Attorneys are to notify the Court by Thursday, 1/12/2023 whether a settlement has been reached or if still in disagreement. (Court Reporter Gil Halasz, OCR.)(jpow, ) |
| Set Motion Hearing re: ECF No. #27 set for 1/10/2023 at 01:00 PM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (jpow, ) |
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Filing 35
ORDERED that oral argument on PLAINTIFF'S MOTION FOR REASONABLE ATTORNEYS' FEES AND COSTS (ECF No. #27 ) shall be held at 1:00 p.m. January 10, 2023. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 1/4/2023. (sbea)
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Filing 34
ORDER that PLAINTIFF'S UNOPPOSED MOTION FOR PRO HAC VICE COUNSEL TO APPEAR BY VIDEOCONFERENCE #33 is GRANTED provided that counsel planning to attend virtually consults with the Courtroom Deputy and IT Staff to ensure that the device they use to speak will allow them to be clearly understood in: the courtroom. Counsel attending virtually shall contact the Courtroom Deputy via email by January 6, 2023, for the Zoom information. Signed by District Judge Robert E. Payne on 12/29/2022. (adun, )
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| Filing 33 MOTION for Leave to Appear by Videoconference (Unopposed) by Marcus Staples. (Shoemaker, James) |
| Filing 32 Notice of Payment on Judgment by B&K Technology Solutions, Inc. re: #27 MOTION for Attorney Fees and Costs, #29 Memorandum in Opposition, #26 Clerk's Judgment. (Attachments: #1 Exhibit A - Redacted, #2 Exhibit B - Redacted, #3 Exhibit C - Redacted)(Holden, Kevin). Modified on 8/11/2022. (sbea) |
| Filing 31 REPLY to Response to Motion re #27 MOTION for Attorney Fees and Costs filed by Marcus Staples. (Attachments: #1 Exhibit G, #2 Exhibit H, #3 Exhibit I)(Shoemaker, James) |
| Filing 30 EXHIBIT to Declaration of C. Haas by B&K Technology Solutions, Inc... (Holden, Kevin) |
| Filing 29 Memorandum in Opposition re #27 MOTION for Attorney Fees and Costs filed by B&K Technology Solutions, Inc.. (Attachments: #1 Affidavit Declaration of Haas)(Holden, Kevin) |
| Filing 28 Memorandum in Support re #27 MOTION for Attorney Fees and Costs filed by Marcus Staples. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Shoemaker, James) |
| Filing 27 MOTION for Attorney Fees and Costs by Marcus Staples. (Shoemaker, James) |
| Filing 26 JUDGMENT entered by the Clerk, pursuant to Rule 68 and in accordance with the Offer of Judgment Under Rule 68 (Acceptance With Offer of Judgment) filed on May 27, 2022. Signed by Clerk of Court on 6/23/2022. (sbea). Corrected Judgment replaced on 6/24/2022. NEF regenerated. Modified on 6/24/2022. (sbea) |
| Filing 25 Offer of Judgment Under Rule 68 (Acceptance with Offer of Judgment) by Marcus Staples (Shoemaker, James). Modified on 5/27/2022. (sbea) |
| Set Hearing: Settlement Conference set for 6/30/2022 at 09:30 AM in Richmond Judges Chamber before Magistrate Judge Mark R. Colombell. (jsau, ) |
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Filing 24
ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE- The Court has scheduled this case for a settlement conference on June 30, 2022 at 9:30 A.M. At that time, the parties shall report to the chambers of Magistrate Judge Mark R. Colombell. In addition to counsel, each party must have a representative physically present with the full authority to settle this action. SEE ORDER FOR DETAILS AND DEADLINES. Signed by Magistrate Judge Mark R. Colombell on 5/20/22. (adun, )
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Filing 23
ORDER that the settlement conference and proceedings required by paragraph 3 of the Scheduling Order are referred to United States Magistrate Judge Mark R. Colombell. Counsel shall be responsible for contacting the Chambers of Magistrate Judge Colombell within five (5) days of the date of this Order to schedule the conference to occur within the fifty-day period required by paragraph 3 of the Scheduling Order or at such other time as Magistrate Judge Colombell shall approve. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 5/18/2022. (sbea)
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Filing 22
ORDERED that by May 31, 2022, counsel shall submit to the Court for review an agreed upon Consent Order setting forth the schedule for the disclosure of expert reports and expert depositions all in accordance with Fed. R. Civ. P. 26.It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 5/18/2022. (sbea)
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Filing 21
JURY INITIAL PRETRIAL ORDER. At a pretrial conference held on May 18, 2022, this action was set for trial by a jury for two days starting November 15, 2022, at 9:30 a.m. The Scheduling Order and Pretrial Schedule A previously issued in this action shall remain in effect. A Final Pretrial Conference will be conducted at 10:00 o'clock, a.m. on November 4, 2022, at which time trial counsel shall appear and present for entry a Final Pretrial Order setting forth: (See for complete details). It is so ORDERED. Signed by District Judge Robert E. Payne on 05/18/2022. (nbrow)
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| Set Hearings: Final Pretrial Conference set for 11/4/2022 at 10:00 AM in Richmond Judges Chamber before District Judge Robert E. Payne. Jury Trial set for 11/15/2022 at 09:30 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (nbrow) |
| Minute Entry for proceedings held before District Judge Robert E. Payne: Initial Pretrial Conference held on 5/18/2022. (nbrow) |
| Set Hearing: Initial Pretrial Conference set for 5/18/2022 at 10:15 AM in Richmond Judges Chamber before District Judge Robert E. Payne. (nbrow) |
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Filing 20
ORDER that the PLAINTIFF'S #18 UNOPPOSED MOTION FOR PRO HAC VICE COUNSEL TO APPEAR TELEPHONICALLY OR BY VIDEO CONFERENCE is granted and pro hac vice counsel is permitted to attend the Initial Pretrial Conference telephonically. Plaintiff's local counsel shall appear in person. Signed by District Judge Robert E. Payne on 4/18/2022. (jsmi, )
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Filing 19
ORDER that Plaintiffs Motion (ECF No. #17 ) is granted and Andrew J. Dean is withdrawn as counsel for Plaintiff. The Clerk is directed to remove his name from ECF notifications for this matter. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 4/14/2022. (sbea)
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| Filing 18 CONSENT MOTION for pro hac vice counsel to appear either by telephone or videoconference at scheduling conference re: #13 Order, by Marcus Staples. (Attachment: #1 Proposed Order)(Shoemaker, James). Modified docket text on 4/14/2022. (sbea) |
| Notice of Correction re: #16 Response; in future filings, please be mindful that local attorney's admitted to the EDVA Court, their nine-element signature blocks must appear before that of the pro hac vice attorney. No further action is required at this time. (sbea) |
| Filing 17 MOTION with Memorandum In Support of Motion to Withdraw Appearance of Counsel for Plaintiff by Marcus Staples. (Attachment: #1 Proposed Order)(Shoemaker, James). Modified docket text on 4/14/2022. (sbea) |
| Filing 16 Response to #15 Order, filed by Marcus Staples. (Shoemaker, James) |
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Filing 15
ORDER to assure that discovery, pretrial proceedings, and trial are conducted in accord with the applicable legal principles, it is hereby ORDERED that, by April 13, 2022, the plaintiff shall file an explanation for the reliance herein on 42 U.S.C. 1981, rather than Title VII. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 4/5/2022. (sbea)
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Filing 14
SCHEDULING ORDER. See for complete details. It is so ORDERED. Signed by Nikki Brown with the permission of District Judge Robert E. Payne on 3/30/2022. (Attachment: #1 Schedule A) (nbrow)
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Filing 13
ORDER SETTING PRETRIAL CONFERENCE: Initial Pretrial Conference set for 4/20/2022 at 10:30 AM in Richmond Judges Chamber before District Judge Robert E. Payne. See for complete details. Issued at the direction of the Court. Signed by Nikki Brown with the permission of District Judge Robert E. Payne on 3/30/2022. (nbrow)
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| Filing 12 ANSWER to Complaint by B&K Technology Solutions, Inc..(Holden, Kevin) |
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Filing 11
ORDER - It is hereby ORDERED that the CONSENT MOTION FOR EXTENSION OF TIME (ECF No. #9 ) is granted with modification. It is further ORDERED that the defendant shall file its Answer and any other motions with respect to the Complaint by March 7, 2022. Signed by District Judge Robert E. Payne on 2/24/2022. (jpow, )
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| Notice of Correction re: #10 Corporate Disclosure Statement; filing attorney selected the wrong filing event. The correct event is "Financial Disclosure Statement". Clerk corrected the docket text. No further action is required at this time. (sbea) |
| Filing 10 Financial Interest Disclosure Statement by B&K Technology Solutions, Inc. (Holden, Kevin). Modified docket text on 2/22/2022. (sbea) |
| Filing 9 CONSENT MOTION for Extension of Time to File Answer re: #1 Complaint, by B&K Technology Solutions, Inc. (Attachment: #1 Proposed Order)(Holden, Kevin). Clerk replaced Proposed Order on 2/18/2022. NEF was regenerated. Modified docket text on 2/18/2022. (sbea) |
| Notice of Correction re: #8 Affidavit of Service; filing attorney selected the wrong filing event. The correct event is "Summons Returned Executed" (see ECF No. 3). Selecting this event generates the answer due date. Also in the future, attorney should include the first (front) of the Summons. Clerk will set the due date to reflect: February 18, 2022. No further action is required. (sbea) Modified on 2/16/2022 (sbea) |
| Filing 8 AFFIDAVIT of Service for Complaint served on Lisa Putney of B&K Technology Solutions on 1-28-22, filed by Marcus Staples. (Shoemaker, James) |
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Filing 7
ORDER granting #5 Motion for Giselle Brianceschi Schuetz to appear as Pro Hac Vice for Marcus Staples. Signed by Senior United States District Judge Robert E. Payne on 2/2/2022. (sbea)
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Filing 6
ORDER granting #4 Motion for Rebecca Jean Houlding to appear as Pro Hac Vice for Marcus Staples. Signed by Senior United States District Judge Robert E. Payne on 2/2/2022. (sbea)
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| Filing 5 Motion to appear Pro Hac Vice by Giselle Brianceschi Schuetz and Certification of Local Counsel James H. Shoemaker, Jr. Filing fee $ 75, receipt number AVAEDC-8219834. by Marcus Staples. (Shoemaker, James) |
| Filing 4 Motion to appear Pro Hac Vice by Rebecca Joan Houlding and Certification of Local Counsel James H. Shoemaker, Jr. Filing fee $ 75, receipt number AVAEDC-8219829. by Marcus Staples. (Shoemaker, James) |
| Filing 3 Summons Issued as to B&K Technology Solutions, Inc. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for the Defendant. Please serve one copy of the summons and a copy of the Complaint upon the Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (sbea) |
| Filing 2 Proposed Summons re #1 Complaint, by Marcus Staples. (Shoemaker, James) |
| Filing 1 Complaint (Filing Fee: $402, Receipt Number: AVAEDC-8203677), filed by Marcus Staples. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Declaration of BG - Redacted, #3 Exhibit B - Declaration of JA - Redacted, #4 Exhibit C - Declaration of AM - Redacted, #5 Exhibit D - Declaration of LT - Redacted, #6 Exhibit E - Declaration of KA - Redacted)(Shoemaker, James). Modified docket text on 1/20/2022. (sbea) |
| Notice of Correction re: #1 Complaint, in the future, the signature block of the filing attorneys should come before the Pro Hac Vice attorneys. Clerk also corrected the named defendant alias entry. No further action is required at this time. (sbea) Modified on 1/20/2022 (sbea) |
| Initial Case Assignment to District Judge Robert E. Payne. (sbea) |
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