Jones v. Richmond Auto Auction of Virginia, Inc.
| Justin L. Jones |
| Richmond Auto Auction of Virginia, Inc. |
| 3:2023cv00626 |
| October 2, 2023 |
| US District Court for the Eastern District of Virginia |
| M Hannah Lauck |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal-Employment Discrimination |
| Plaintiff |
Docket Report
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Filing 31
SECOND ORDER OF APPOINTMENT OF PRO BONO COUNSEL FOR COURT SETTLEMENT CONFERENCE ONLY - The Court hereby ORDERS that: Andrew P. Sherrod, Esquire of Hirschler Fleischer is appointed as counsel for Mr. Jones, pro se litigant, for the limited purpose of providing advice during the Court Settlement Conference in the above-captioned matter. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Summer L. Speight on 12/6/2023. (Copy sent to Mr. Sherrod and mailed to Mr. Jones) (smej, )
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Filing 30
ORDER - This matter comes before the Court on the Motion to Withdraw (ECF No. 28) filed by Peter S. Askin, Esq. On November 15, 2023, this Court entered an order (ECF No. 24) ordering a judicial settlement conference in the above- captioned matter. For the reasons stated in the Memorandum in Support (ECF No. 29), and because substitute counsel has been identified, this Court, pursuant to Local Civil Rule 83.1(H), and for good cause shown, hereby GRANTS the Motion to Withdraw and ORDERS that Peter S. Askin, Esq. be removed as pro bono settlement conference counsel for Plaintiff Justin L. Jones. An order appointing Plaintiff his new pro bono counsel will follow. Signed by Magistrate Judge Summer L. Speight on 12/6/2023. (Copy sent to Mr. Askin and mailed to Jones) (smej, )
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Filing 29
Memorandum in Support re #28 MOTION to Withdraw as Attorney for Settlement Conference Purposes filed by Justin L. Jones. (Askin, Peter)
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Filing 28
MOTION to Withdraw as Attorney for Settlement Conference Purposes by Justin L. Jones. (Attachments: #1 Proposed Order)(Askin, Peter)
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Filing 27
ORDER - Mr. Jones's Motion to File Amended Complaint is DENIED WITHOUT PREJUDICE. (ECF No. #17 .) The Motion for Extension is DENIED AS MOOT. (ECF No. #22 .) Mr. Jones is ADVISED that if he wishes to file a qui tam action, he must file it as a separate action and will need to obtain counsel outside of the Court's Pro Se Mediation Program. If Mr. Jones still wishes to pursue his personal claims in this case, Mr. Jones is further ORDERED to file an Amended Complaint, by December 15, 2023, as described in the Court's October 4, 2023 Order, (ECF No. 2). SEE ORDER FOR DETAILS. Signed by District Judge M. Hannah Lauck on 11/21/2023. (Copy mailed to Mr. Jones) (smej, )
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Filing 26
ORDER OF APPOINTMENT OF PRO BONO COUNSEL FOR COURT SETTLEMENT CONFERENCE ONLY - The Court hereby ORDERS that: Peter S. Askin, Esquire of Thompson McMullan, P.C. is appointed as counsel for Mr. Jones, pro se litigant, for the limited purpose of providing advice during the Court Settlement Conference in the above-captioned matter. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Summer L. Speight on 11/17/2023. (Copy mailed to Mr. Askin and Mr. Jones) (smej, ) (Additional attachment(s) added on 11/17/2023: #1 Attachment A) (smej, ).
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Filing 25
ORDER This matter comes before the Court upon referral to the undersigned Magistrate Judge for the purposes of settlement. Because Plaintiff is proceeding pro se, the Court wishes to inform him of its Pro Se Pro Bono Mediation Program, whereby Plaintiff may obtain pro bono counsel strictly for the purposes of settlement. Accordingly, the Court hereby ORDERS the Clerk to send to Plaintiff at his address of record the attached November 16, 2023, Letter and Consent to Appointment of Counsel For Court Settlement Conference Only Form. The Court further ORDERS that the Clerk include in the mailing a pre-stamped envelope addressed to The Honorable Summer L. Speight, 701 East Broad Street, Richmond, Virginia 23219-3528. The Clerk shall certify on the Docket when the mailing has been sent. Signed by Magistrate Judge Summer L. Speight on 11/16/2023. (Order, attachments, and envelope sent to Plaintiff, as directed.)(Kat)
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Filing 24
ORDER - The Court ORDERS the Parties to participate in a settlement conference (the "Conference"). It is further ORDERED that the settlement conference is referred to United States Magistrate Judge Summer L. Speight. Counsel shall be responsible for contacting the Chambers of Magistrate Judge Summer L. Speight within five (5) days of the date of this Order to schedule the conference, which should occur at such time as Magistrate Judge Speight shall approve. SEE ORDER FOR DETAILS. Signed by District Judge M. Hannah Lauck on 11/15/2023. (Copy sent to Judge Speight. Copy mailed to Mr. Jones) (smej, )
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Case Referred to Magistrate Judge Summer L. Speight. (smej, )
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Filing 23
Memorandum in Opposition re #17 MOTION for Leave to File filed by Richmond Auto Auction of Virginia, Inc.. (Shelley, Blackwell)
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Filing 22
MOTION for Extension of Time by Justin L. Jones. (Attachments: #1 Local Rule 83.1) (smej, )
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Filing 21
Mail Returned as Undeliverable. Mail sent to Justin L. Jones re #2 Order. (smej, )
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Filing 20
Plaintiff's Notice of Administrative Procedures re ECF #16 Order, by Justin L. Jones. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Local Rule 83.1) (smej, )
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Filing 19
ORDER granting #18 Motion for Pro Se E-Noticing. Signed by District Judge M. Hannah Lauck on 10/26/2023. (adun, )
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Filing 18
MOTION for Pro Se E-Noticing by Justin L. Jones. (Attachments: #1 Local Rule 83.1) (smej, )
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Filing 17
MOTION to File Amended Complaint In Camera and to Add Defendants by Justin L. Jones. (Attachments: #1 Local Rule 83.1) (smej, ) (Additional attachment(s) added on 11/7/2023: #2 SEALED AMENDED COMPLAINT, #3 Ex. 1, #4 Ex. 2, #5 Ex. 3, #6 Ex. 4, #7 Ex. 5, #8 Ex. 6, #9 Ex. 7, #10 Ex. 8, #11 Ex. 10, #12 Ex. 11, #13 Ex. 12, #14 Ex. 13, #15 Ex. 14, #16 Ex. 15, #17 Ex. 16, #18 Ex. 17, #19 Ex. 18, #20 Ex. 19, #21 Ex. 20) (Khan, ). (Attachment 2 replaced on 11/7/2023) (Khan, ). (Additional attachment(s) added on 11/13/2023: #22 Exhibit 9) (Khan, ). (Attachment 4 replaced on 11/13/2023) (Khan, ). (Additional attachment(s) added on 11/13/2023: #22 Ex. 9) (Khan, ).
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Filing 16
ORDER granting #3 Motion to Quash; denying #6 Motion for Extension of Time to File; denying #7 Motion for Service of Subpoenas in Forma Pauperis; and denying #9 Motion for Preliminary Injunction. The Court EXTENDS the deadline for Mr. Jones to file an Amended Complaint to November 2, 2023, in the form described in the Court's #2 October 4, 2023 Order. Mr. Jones is ORDERED to file, by October 26, 2023, either notice that he has filed a matter with, or otherwise contacted, the Equal Employment Opportunity Commission or a statement that he has not done so. The Court ORDERS that this action be REFERRED to the Court's pro se mediation program. See Order for details. Signed by District Judge M. Hannah Lauck on 10/19/2023. Copy mailed to pro se Plaintiff. (jsmi, )
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Filing 15
Minute Entry for proceedings held before District Judge M. Hannah Lauck:Motion Hearing held on 10/19/2023 re: #6 MOTION for Extension filed by Justin L. Jones, #9 Emergency MOTION for Preliminary Injunction filed by Richmond Auto Auction of Virginia, Inc., #7 MOTION filed by Justin L. Jones, #3 MOTION to Quash Subpoena filed by Richmond Auto Auction of Virginia, Inc. The Court DENIES the Emergency M. for TRO (ECF 9), GRANTS the M. to Quash Subpoena (ECF 3), DENIES AS MOOT the M. for Extension of Time (ECF 6), and DENIES without prejudice the M. for Service (ECF 7). The Court refers the case to the pro se mediation program. The Court directs the Plaintiff to file a Notice re: what has or has not been filed with the EEOC within 7 days. Plaintiff received a copy of the Pro Se Handbook. (Court Reporter Ruth Levy, OCR.)(jpow, )
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Filing 14
REPLY to Response to Motion re #3 MOTION to Quash Subpoena filed by Richmond Auto Auction of Virginia, Inc.. (Shelley, Blackwell)
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Filing 13
Opposition to #9 Emergency MOTION for Preliminary Injunction filed by Justin L. Jones. (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 Local Rule 83.1) (smej, )
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Filing 12
ORDER - This matter comes before the Court on two motions: (1) Defendant Richmond Auto Auction of Virginia, Inc.'s ("Richmond Auto Auction") Motion to Quash Subpoena ("Motion to Quash"), (ECF No. #3 ), and (2) Defendant's Emergency Motion for Temporary Restraining Order and Preliminary Injunction (the "TRO Motion"), (ECF No. #9 ). Upon due consideration, this Court ORDERS Mr. Jones to respond to the Motion to Quash and to show cause, by October 18, 2023, as to why a preliminary injunction should not be entered. Additionally, this Court SCHEDULES a hearing on October 19, 2023, at 10:00 a.m. regarding Richmond Auto Auction's Motions to Quash and for a Temporary Restraining Order and Preliminary Injunction. (ECF Nos. #3 , #9 .). SEE ORDER FOR DETAILS. Signed by District Judge M. Hannah Lauck on 10/13/2023. (Copy mailed to plaintiff) (smej, ) Modified on 10/13/2023 (smej, ).
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Set/Reset Motions Hearing as to #3 MOTION to Quash Subpoena and #9 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction set for 10/19/2023 at 10:00 AM in Richmond Courtroom 6100 before District Judge M. Hannah Lauck. (jpow, )
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Filing 11
Opposition to #3 MOTION to Quash Subpoena filed by Justin L. Jones. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Local Rule 83.1) (smej, )
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Filing 10
Memorandum in Support re #9 Emergency MOTION for Preliminary Injunction filed by Richmond Auto Auction of Virginia, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Affidavit Declaration of Charles Wyatt Carter)(Shelley, Blackwell)
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Filing 9
Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by Richmond Auto Auction of Virginia, Inc. (Shelley, Blackwell) Modified docket text on 10/16/2023 (jpow, ).
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Filing 8
NOTICE of Appearance by Tim Schulte on behalf of Richmond Auto Auction of Virginia, Inc. (Schulte, Tim) (Main Document 8 replaced on 10/11/2023) (Kat, ).
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Filing 7
MOTION for Service of Subpoenas In Forma Pauperis by Justin L. Jones. (Attachments: #1 Local Rule 83.1) (smej, )
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Filing 6
MOTION for Extension of Time by Justin L. Jones. (Attachments: #1 Local Rule 83.1) (smej, )
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Filing 5
Financial Interest Disclosure Statement (Local Rule 7.1) by Richmond Auto Auction of Virginia, Inc.. (Shelley, Blackwell)
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Filing 4
Memorandum in Support re #3 MOTION to Quash Subpoena filed by Richmond Auto Auction of Virginia, Inc.. (Attachments: #1 Exhibit)(Shelley, Blackwell) (Attachment 1 replaced on 10/10/2023) (smej, ).
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Filing 3
MOTION to Quash Subpoena by Richmond Auto Auction of Virginia, Inc.. (Shelley, Blackwell)
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Filing 2
ORDER - This matter comes before the Court sua sponte. On October 2, 2023, Defendant Richmond Auto Auction of Virginia, Inc. ("Defendant") filed a Notice of Removal of this action from the Circuit Court for the City of Richmond to this Court (the "Notice"). (ECF No. 1.) It is ORDERED that, no later than November 1,2023, Mr. Jones shall file an Amended Complaint, with a Ghostwriting Form attached, which outlines in simple and straightforward terms why Mr. Jones thinks he is entitled to relief and why the Court has jurisdiction over this case. SEE ORDER FOR DETAILS. Signed by District Judge M. Hannah Lauck on 10/4/2023. (Copy of Order mailed to plaintiff with Ghostwriting Form) (smej, ) Modified on 10/4/2023 (smej, ).
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Filing 1
Notice of Removal ( Filing fee $ 402, receipt number AVAEDC-9152972.), filed by Richmond Auto Auction of Virginia, Inc.. (Attachments: #1 Exhibit Sept. 1 Complaint and Order, #2 Exhibit Sept. 5 complaint, #3 Exhibit Sept. 14 complaint and motion, #4 Exhibit Notice of filing notice of removal)(Shelley, Blackwell) (Additional attachment(s) added on 10/2/2023: #5 Civil Cover Sheet) (smej, ). (Attachment 1 replaced on 10/19/2023) (jpow, ). (Additional attachment(s) added on 10/19/2023: #6 Sept. 1 Motion - State IFP) (jpow, ). Modified ECF 1-1 attachments to seal state IFP motion on 10/19/2023 (jpow, ).
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Initial Case Assignment to District Judge M. Hannah Lauck. (smej, )
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| Plaintiff: Justin L. Jones | |
| Represented By: | Peter Askin |
| Represented By: | Andrew Philip Sherrod |
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| Defendant: Richmond Auto Auction of Virginia, Inc. | |
| Represented By: | Blackwell N Shelley, Jr. |
| Represented By: | Tim Schulte |
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