Farley v. CMFG Life Insurance Company
| William Harrison Farley |
| CMFG Life Insurance Company doing business as "CUNA Mutual" |
| 6:2022cv00024 |
| May 6, 2022 |
| US District Court for the Western District of Virginia |
| Robert S Ballou |
| Norman K Moon |
| Civil Rights: Jobs |
| 29 U.S.C. § 621 Job Discrimination (Age) |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 25, 2023. A more recent docket listing may be available from PACER.
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Filing 60
Appeal Transcript filed for Motion hearing for dates of 5/4/2023 before Judge Robert S. Ballou, re #57 USCA Appeal Transcript Order Acknowledgment, Court Reporter/Transcriber: Lisa Blair, Telephone number 434.409.4575. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Does this satisfy all appellate orders for this reporter? No Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 8/15/2023. Redacted Transcript Deadline set for 8/25/2023. Release of Transcript Restriction set for 10/23/2023. (lmb)
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Filing 59
Costs Taxed in amount of $4,461.30 against Plaintiff William Harrison Farley. (ca)
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Filing 58
ORDER regarding #51 Bill of Costs filed by CMFG Life Insurance Company & #53 Objections filed by William Harrison Farley. CUNA's Bill of Costs is GRANTED. The Clerk of Court is directed to tax the costs in the amount of $4,461.30 against Farley. Signed by District Judge Robert S. Ballou on June 27, 2023. (ca)
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Filing 57
USCA Appeal Transcript Order Acknowledgment for #44 Motion Hearing held on 5/4/2023 re, #52 Notice of Appeal Court Reporter: FTR Recording - Lisa Blair, OCR to transcribe. Appeal Transcript due by 9/1/2023. (sad)
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Filing 56
Reply re #53 Objections . filed by CMFG Life Insurance Company. (Woodson, John)
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Filing 55
USCA Notice of Appellate Case Opening re #52 Notice of Appeal filed by William Harrison Farley. USCA Case Number 23-1635. Case Manager: Rickie Edwards. (al)
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Filing 54
Transmittal of Notice of Appeal to 4CCA re #52 Notice of Appeal NOTE: The Docketing Statement and Transcript Order Form are available on the 4th Circuit Court of Appeals website at www.ca4.uscourts.gov. If CJA24 form(s) are applicable, you must submit a separate Auth-24 for each court reporter from whom you wish to order a transcript through the District Court's eVoucher system. (al) (Main Document 54 replaced on 6/12/2023) (al). Modified on 6/12/2023 Document replaced with corrected PDF to correct District Judge (al).
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Filing 53
Objections by Plaintiff William Harrison Farley re #51 Bill of Costs (Strelka, Thomas)
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Filing 52
NOTICE OF APPEAL as to #50 Order on Motion for Summary Judgment, Order on Motion to Strike by William Harrison Farley. Filing fee $ 505, receipt number AVAWDC-4203235. (Strelka, Thomas)
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Filing 51
BILL OF COSTS in the amount of $$4461.30; by CMFG Life Insurance Company (Attachments: #1 Cover Letter Ltr. to Court re bill of costs and invoices)(Woodson, John)
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Filing 50
ORDER granting Defendant's #29 Motion for Summary Judgment & denying Plaintiff's #31 Motion to Strike. This case is hereby DISMISSED with prejudice. Signed by District Judge Robert S. Ballou on May 24, 2023. (ca)
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Filing 49
MEMORANDUM OPINION. Signed by District Judge Robert S. Ballou on May 24, 2023. (ca)
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Filing 48
Rule 26(a)(3) Pretrial Disclosures by Defendant CMFG Life Insurance Company (Holden, Kevin)
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Filing 47
Rule 26(a)(3) Pretrial Disclosures by Plaintiff William Harrison Farley.(Strelka, Thomas)
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Filing 46
NOTICE of Hearing: (FTR) NOTICE TO COUNSEL This hearing has been set for one hour. If you think the hearing will take longer than one hour please contact the Courtroom Deputy as soon as possible. (#Click on this link for guidance for participation via Zoom and #Click on this link for instructions on how to listen to public hearings) Final Pretrial Conference set for 5/30/2023 10:00 AM in via Zoom before District Judge Robert S. Ballou. (kab)
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Filing 45
Zoom.gov Log Notes for Motion Hearing held before Judge Robert S. Ballou on 5/4/2023. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the Zoom.gov, and that it can be transcribed without undue difficulty. FTR Operator: C. Kemp (ck)
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Filing 44
Minute Entry for proceedings held via Zoom.gov before District Judge Robert S. Ballou: Motion Hearing held on 5/4/2023 re #31 MOTION to Strike #29 MOTION for Summary Judgment filed by William Harrison Farley, #29 MOTION for Summary Judgment filed by CMFG Life Insurance Company. (Zoom.gov Operator: C. Kemp) (ck)
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Filing 43
NOTICE of Appearance by Sharon Elliott on behalf of CMFG Life Insurance Company (Elliott, Sharon)
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Filing 42
ORDER granting #41 MOTION to Withdraw Meredith Bergeson as counsel of record for CMFG Life Insurance Company. Signed by District Judge Robert S. Ballou on April 26, 2023. (ca)
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Filing 41
MOTION to Withdraw Meredith Bergeson by CMFG Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Malveaux, Courtney)
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Filing 40
ORDER granting #38 Motion to Withdraw as Attorney. Attorney Norvell Winston West, IV terminated. Signed by District Judge Robert S. Ballou on 4/25/2023. (al)
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Filing 39
REPLY to Response to Motion re #29 MOTION for Summary Judgment . filed by CMFG Life Insurance Company. (Attachments: #1 Exhibit A - Excerpt from Eileen Julien Deposition Transcript, #2 Declaration in Support Eileen Julien Second Declaration, #3 Declaration in Support Susan Hochsprung Second Declaration)(Woodson, John)
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Filing 38
MOTION to Withdraw as Attorney Change of Employment by William Harrison Farley. (Attachments: #1 Text of Proposed Order)(West, Norvell)
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Filing 37
ORDER granting #36 MOTION for Sharon Mollman Elliott to Appear Pro Hac Vice for Defendant CMFG Life Insurance Company. Signed by District Judge Robert S. Ballou on April 25, 2023. (ca)
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Filing 36
MOTION for Sharon Mollman Elliott to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4173015. by CMFG Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Malveaux, Courtney)
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Filing 35
Brief / Memorandum in Opposition re #29 MOTION for Summary Judgment . filed by William Harrison Farley. (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, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24)(Strelka, Thomas)
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Filing 34
NOTICE by CMFG Life Insurance Company of Withdrawal of Meredith Bergeson (Malveaux, Courtney)
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Filing 33
NOTICE of Hearing on Motion #31 MOTION to Strike #29 MOTION for Summary Judgment , #29 MOTION for Summary Judgment : (FTR) (#Click on this link for guidance for participation via Zoom and #Click on this link for instructions on how to listen to public hearings) Motion Hearing set for 5/4/2023 10:00 AM in via Zoom before District Judge Robert S. Ballou. (kab)
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Filing 32
Brief / Memorandum in Opposition re #31 MOTION to Strike #29 MOTION for Summary Judgment . filed by CMFG Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Holden, Kevin)
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Filing 31
MOTION to Strike #29 MOTION for Summary Judgment by William Harrison Farley. (Attachments: #1 Exhibit A, #2 Exhibit B)(Strelka, Thomas)
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Filing 30
Brief / Memorandum in Support re #29 MOTION for Summary Judgment . filed by CMFG Life Insurance Company. (Attachments: #1 Declaration in Support A. Rodriguez, #2 Declaration in Support by A. Russell, #3 Declaration in Support by B. Branner, #4 Declaration in Support by B. Riccio, #5 Declaration in Support by D. Cruz, #6 Declaration in Support by E. Julien, #7 Declaration in Support by J. Isaacson, #8 Declaration in Support by J. Machovina, #9 Declaration in Support by J. Woodson, #10 Declaration in Support by K. Kremers, #11 Declaration in Support by P. Chong, #12 Declaration in Support by Q. Williams, #13 Declaration in Support by R. Purtell, #14 Declaration in Support by R. Chapman, #15 Declaration in Support by S. Hochsprung, #16 Declaration in Support by T. Munley)(Holden, Kevin)
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Filing 29
MOTION for Summary Judgment by CMFG Life Insurance Company. (Holden, Kevin)
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Filing 28
ORAL ORDER denying #26 Motion for Leave to File Excess Pages for failure to show good cause. The motion for excess pages was filed on the deadline to file dispositive motions and its supporting memorandum gives no indication of the anticipated length of the underlying memorandum and thus good cause has not been shown. Entered by District Judge Robert S. Ballou on 4/6/2023. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(jbl) Modified on 4/6/2023 - Docket text was modified to reflect Judge name and date entered; NEF regenerated. (ca)
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Filing 27
Brief / Memorandum in Support re #26 MOTION for Leave to File Excess Pages in support of its Motion for Summary Judgment . filed by CMFG Life Insurance Company. (Holden, Kevin)
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Filing 26
MOTION for Leave to File Excess Pages in support of its Motion for Summary Judgment by CMFG Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Holden, Kevin)
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Filing 25
NOTICE of Appearance by Kevin Daniel Holden on behalf of CMFG Life Insurance Company (Holden, Kevin)
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Filing 24
Notice Rescheduling Jury Trial (*CHANGE IN PRESIDING JUDGE ONLY*) (CR) previously set for June 20 - 22, 2023 at 9:30 AM before Judge Norman K. Moon in Lynchburg. Jury Trial RESET for June 20 - 22, 2023 at 9:30 AM in Lynchburg before District Judge Robert S. Ballou. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (ca)
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Filing 23
TRIAL ORDER. Signed by District Judge Robert S. Ballou on 3/23/2023. (al)
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Filing 22
ORAL ORDER: It is hereby ORDERED that this matter shall be TRANSFERRED to the docket of the Honorable Robert S. Ballou, United States District Judge for the Western District of Virginia, for all further action. Senior Judge Norman K. Moon no longer assigned to case. Entered by Senior Judge Norman K. Moon on 3/13/2023. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(al)
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Filing 21
JOINT PROTECTIVE ORDER PURSUANT TO FED.R.EVID.502 granting #20 Joint Motion for Protective Order. Signed by Magistrate Judge Robert S. Ballou on 11/21/2022. (al)
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Filing 20
Joint MOTION for Protective Order by CMFG Life Insurance Company. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Malveaux, Courtney)
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Filing 19
Rule 26(f) Agreed Written Plan by Plaintiff William Harrison Farley (Strelka, Thomas)
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Filing 18
ORAL ORDER granting #17 Motion for Extension of Time to File Document. The deadline for the parties to meet and file a Rule 26(f) discovery report is extended to August 1, 2022. Entered by Magistrate Judge Robert S. Ballou on 7/26/22. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(lg)
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Filing 17
Joint MOTION for Extension of Time to File Rule 26(f) Deadline by CMFG Life Insurance Company. Motions referred to Judge Robert S. Ballou. (Woodson, John)
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Filing 16
NOTICE of Hearing: (CR) Jury Trial set for June 20 - 22, 2023 at 9:30 AM in Lynchburg before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (ca)
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Filing 15
NOTICE of Appearance by John Woodson on behalf of CMFG Life Insurance Company (Woodson, John)
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Filing 14
ORAL ORDER: Defendant's motion for John T. Woodson to appear pro hac vice, Dkt. 10, is hereby GRANTED pursuant to Local Rule 6(d). It is so ORDERED. Entered by Senior Judge Norman K. Moon on 7/12/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(al)
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Filing 13
PRETRIAL ORDER (CASE REFERRED to Magistrate Judge Robert S. Ballou as set forth herein). Signed by Senior Judge Norman K. Moon on 7/11/2022. (al)
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Filing 12
Positive Corporate Disclosure Statement by CMFG Life Insurance Company identifying Corporate Parent TruStage Financial Group, Inc, Corporate Parent CUNA Mutual Holding Company for CMFG Life Insurance Company. (Malveaux, Courtney)
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Filing 11
ANSWER to Complaint #1 Complaint, by CMFG Life Insurance Company.(Malveaux, Courtney)
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Filing 10
MOTION for John T. Woodson to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3962201. by CMFG Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Malveaux, Courtney)
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Filing 9
NOTICE of Appearance by Courtney Martin Malveaux on behalf of CMFG Life Insurance Company (Malveaux, Courtney)
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Filing 8
NOTICE of Appearance by Meredith F. Bergeson on behalf of CMFG Life Insurance Company (Bergeson, Meredith)
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Filing 7
WAIVER OF SERVICE Returned Executed by CMFG Life Insurance Company. CMFG Life Insurance Company waiver sent on 5/9/2022, answer due 7/8/2022.(Bergeson, Meredith)
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Meredith F. Bergeson, in accordance with Section B.9. of the Administrative Procedures for Filing, Signing and Verifying Pleadings and Papers by Electronic Means, a registered user is responsible for ensuring their mailing address, primary email address, and telephone number are kept up-to-date with this court by #updating the information in their PACER account. To update your information, log into PACER.gov and click the Maintenance tab to Update this information with this court. (ca)
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Filing 6
ORDER granting #4 Motion to Restrict Viewing Access re #1 Complaint by William Harrison Farley. Signed by Senior Judge Norman K. Moon on May 9, 2022. (ca)
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Filing 5
REQUEST FOR WAIVER of Service sent to CMFG Life Insurance Company, d/b/a "CUNA Mutual", c/o Mark Tilkens, Esq. on 5/9/2022 by William Harrison Farley. Waiver of Service due by 6/8/2022.(Strelka, Thomas)
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Filing 4
MOTION to Restrict Viewing Access re #1 Complaint by William Harrison Farley. (Attachments: #1 Text of Proposed Order)(Haddox, Brittany)
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Filing 3
COMPLAINT (AMENDED/CORRECTED PDF Version of #1 Complaint) by William Harrison Farley. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Haddox, Brittany) Modified on 5/9/2022 - Docket text was modified to reflect document filed. (ca)
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Filing 2
Electronic Summons Issued as to CMFG Life Insurance Company, d/b/a "CUNA Mutual." NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(ca)
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Filing 1
DOCUMENT VIEWING RESTRICTION CHANGED TO "COURT ONLY" ON 5/9/2022 PURSUANT TO DOCUMENT #6 ORDER. Working Complaint filed at Dkt. #3 . COMPLAINT against CMFG Life Insurance Company, d/b/a "CUNA Mutual" (Filing & Administrative fee $402.00, receipt number AVAWDC-3944953), filed by William Harrison Farley. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(ca) Modified on 5/9/2022 (ca).
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