Zeng v. Marshall University
Plaintiff: Wei-ping Zeng
Defendant: Marshall University
Case Number: 3:2017cv03008
Filed: May 23, 2017
Court: US District Court for the Southern District of West Virginia
Office: Huntington Office
County: Cabell
Presiding Judge: Robert C. Chambers
Presiding Judge: Cheryl A. Eifert
Nature of Suit: Employment
Cause of Action: 42 U.S.C. ยง 1981
Jury Demanded By: Plaintiff
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Date Filed Document Text
March 26, 2020 Opinion or Order Filing 434 MEMORANDUM OPINION AND ORDER denying both sets of Plaintiff's 418 and 419 Objections and adopting and incorporating the 411 and 412 Proposed Findings and Recommendations; granting Defendants' various 337 , 339 , 341 , 343 , [345 ] and 347 motions for summary judgment; denying Plaintiff's corresponding 332 cross-motion for the same; denying Plaintiff's 288 motion for leave to file another amended complaint and directing this civil action removed from its docket. Signed by Judge Robert C. Chambers on 3/26/2020. (cc: attys; any unrepresented parties) (mkw)
January 28, 2020 Opinion or Order Filing 408 MEMORANDUM OPINION AND ORDER SEALING EXHIBIT directing the Clerk to seal Exhibit 3 attached to Plaintiff's 393 MOTION for Leave to File Surreply to Defendants' Reply to the Plaintiff's Response to Defendants' Motion to Strike Plaintiff's Affidavit. Signed by Magistrate Judge Cheryl A. Eifert on 1/28/2020. (cc: Plaintiff; counsel of record) (jsa)
January 22, 2020 Opinion or Order Filing 406 MEMORANDUM OPINION AND ORDER denying Defendants' 358 OBJECTION TO AND MOTION to Strike Certain Exhibits to Plaintiff's Motion for Summary Judgment as more fully set forth herein. Signed by Magistrate Judge Cheryl A. Eifert on 1/22/2020. (cc: Plaintiff;counsel of record) (hkl)
January 21, 2020 Opinion or Order Filing 402 MEMORANDUM OPINION AND ORDER SEALING EXHIBITS granting 353 MOTION by Wei-ping Zeng to Seal Documents; directing the Clerk of Court to seal the medical and dental records filed with the Clerk as confidential exhibits in Plaintiff's Motion for S ummary Judgment and Memorandum in Support; while these records may later require unsealing, at this stage of the proceedings, their confidentiality should be protected. Signed by Magistrate Judge Cheryl A. Eifert on 1/21/2020. (cc: attys; any unrepresented party) (mkw)
September 17, 2019 Opinion or Order Filing 350 MEMORANDUM OPINION AND ORDER SEALING EXHIBITS granting Defendants' 335 MOTION to Seal Exhibits; directing the Clerk of Court to seal the documents referenced herein. Signed by Magistrate Judge Cheryl A. Eifert on 9/17/2019. (cc: counsel of record; any unrepresented party) (jsa) (Modified on 9/17/2019 to add link to #335 motion) (mkw).
August 22, 2019 Opinion or Order Filing 325 MEMORANDUM OPINION AND ORDER adopting the 199 Proposed Findings and Recommendations by Magistrate Judge Eifert; denying Plaintiff's 173 Motion to Modify Amended Complaint and Join Defendants. Signed by Judge Robert C. Chambers on 8/22/2019. (cc: counsel of record; any unrepresented parties) (jsa)
July 2, 2019 Opinion or Order Filing 303 MEMORANDUM OPINION AND ORDER denying Plaintiff's 266 MOTION to Compel Billie Catlett to Comply with Subpoena Duces Tecum; directing Plaintiff to stop serving subpoenas on Judge Catlett and others seeking employment, financial, business, and educational information related to Judge Catlett and her relatives. Signed by Magistrate Judge Cheryl A. Eifert on 7/2/2019. (cc: Plaintiff; counsel of record; Robert Paulson) (jsa)
June 10, 2019 Opinion or Order Filing 273 ORDER denying Plaintiff's 219 Motion to Strike Response in Opposition; denying Plaintiff's 255 Motion for Sanctions on Stephen Hensley; denying Plaintiff's 257 Motion to Compel Compliance with Subpoena Duces Tecum directed to Tex as Tech University Health Science Center at El Paso; granting the 260 Motion and 261 Amended Motion of Texas Tech for Leave to File a Surreply; and denying Plaintiff's 262 and 263 Motions to Strike Amended Motion to File a Surreply. Signed by Magistrate Judge Cheryl A. Eifert on 6/10/2019. (cc: Plaintiff; counsel of record; counsel for the non-parties; any unrepresented individual) (jsa)
March 26, 2019 Opinion or Order Filing 217 MEMORANDUM OPINION ORDER regarding Defendant MU's 66 MOTION to Dismiss, the Court fully adopts the 188 proposed findings and recommendations of Magistrate Judge Eifert, and grants in part and denies in part the motion, as more fully set fo rth herein; regarding Defendant Gilbert's 73 MOTION to Dismiss, the Court partially adopts the 188 proposed findings and recommendations of Magistrate Judge Eifert, and grants in part and denies in part the motion, as more fully set forth herein; regarding Defendants Hardman's and Egleton's 75 MOTION to Dismiss, the Court fully adopts the 188 proposed findings and recommendations of Magistrate Judge Eifert and denies the motion; regarding Defendants Shapiro's and P rimerano's 77 MOTION to Dismiss, the Court partially adopts the 188 proposed findings and recommendations of Magistrate Judge Eifert, and grants in part and denies in part the motion, as more fully set forth herein; adopting the 188 prop osed findings and recommendations of Magistrate Judge Eifert that all claims for money damages against the individual defendants in their official capacities be dismissed, with prejudice, on the ground of sovereign immunity; regarding the motions rel ated to briefing the issues addressed in the dispositive motions, the Court fully adopts the 188 proposed findings and recommendations of Magistrate Judge Eifert; granting Defendant MU's 82 Motion to Strike 81 Sur-Reply to Response and denying Plaintiff's 80 , 92 , 94 , and 95 Motions. Signed by Judge Robert C. Chambers on 3/26/2019. (cc: counsel of record; any unrepresented parties) (hkl)
February 26, 2019 Opinion or Order Filing 198 MEMORANDUM OPINION and ORDER REGARDING DISCOVERY CONFERENCE granting in part and denying in part Plaintiff's 157 and 159 MOTIONS to Compel; directing that Defendant Marshall University shall produce to Plaintiff the documents described herei n on or before 3/8/2019; Plaintiff is granted fourteen (14) days to submit a list to the Court of the documents most critical to his case, which he feels have been requested, but not produced, and the Court will decide whether good cause exists for t heir production; granting in part and denying in part Marshall University's 162 Motion to Quash Subpoena Duces Tecum to Employee Stephen Hensley; within fourteen days of the date of this Order, Mr. Hensley, through counsel for MU, shall provid e Plaintiff with a conflict statement as described herein; granting in part and denying in part Plaintiff's 165 Motion for Leave to Increase the Number of Depositions; granting Defendants' 190 MOTION for Protective Order; denying Plaintiff's 195 Motion to Extend Deadline. Signed by Magistrate Judge Cheryl A. Eifert on 2/26/2019. (cc: Plaintiff; counsel of record) (jsa)
January 10, 2019 Opinion or Order Filing 172 MEMORANDUM OPINION and ORDER REGARDING DISCOVERY CONFERENCE denying Defendants' 109 Motion to Strike Plaintiff's Expert Witnesses; granting Defendants' 109 Motion to Extend Deadline for Defendants to Disclose Expert Witnesses; den ying Plaintiff's 125 Motion for Leave to Submit Surreply to Defendant's 109 Motion to Strike Plaintiff's Expert Witness or Motion to Extend Deadline for Expert Witness Disclosure; granting in part and denying in part Defendant Mars hall University's 111 MOTION to Compel Plaintiff's Responses to First Set of Requests for Production of Documents, as more fully set forth herein; directing Plaintiff to file the supplemental responses described herein within fourteen (14 ) days of the date of this Order; denying Plaintiff's 119 MOTION for Leave to File a Surreply to Defendant Marshall University's Reply to Plaintiff's Response to Motion to Compel Production of Documents; granting Defendant Marshall University's 144 Motion to Quash Subpoena Duces Tecum. Signed by Magistrate Judge Cheryl A. Eifert on 1/10/2019. (cc: Plaintiff; counsel of record) (jsa)
April 27, 2018 Opinion or Order Filing 54 MEMORANDUM OPINION AND ORDER accepting and incorporating the 51 Proposed Findings and Recommendations by Magistrate Judge Eifert; granting in part and denying in part Plaintiff's 28 Motion to Amend; denying Plaintiff's 30 Motion to C hange Venue; and directing Plaintiff to file within twenty days a revised Amended Complaint that is consistent with the recommendation in the 51 Proposed Findings and Recommendations. Signed by Judge Robert C. Chambers on 4/27/2018. (cc: counsel of record; any unrepresented parties) (jsa)
March 21, 2018 Opinion or Order Filing 49 MEMORANDUM OPINION AND ORDER adopting the 36 and 47 Proposed Findings and Recommendations by Magistrate Judge Eifert; granting in part and denying in part Defendant's 17 Motion to Dismiss as follows: denying the Motion to Dismiss with resp ect to Counts 1 and 2 of the Complaint that allege violations Title VII of the Civil Rights Act of 1964; granting with prejudice the Motion to Dismiss with respect to the § 1981 claim alleged in Count 2, as well as the entirety of Count 3; and g ranting without prejudice the Motion to Dismiss with respect to Count 4; denying Plaintiff's 32 Motion for Preliminary Injunction, but directing Defendant to permit a reasonable amount of time, not exceeding 30 days from the date of issuance o f this Order, during which Plaintiff may remove his property from Marshall University; referring this matter back to the Magistrate Judge for further proceedings, consistent with this Memorandum Opinion and Order as well as the previously docketed 3 Standing Order. Signed by Judge Robert C. Chambers on 3/21/2018. (cc: counsel of record; any unrepresented parties) (jsa)
May 24, 2017 Opinion or Order Filing 4 MEMORANDUM OPINION and ORDER directing that Plaintiff shall have 14 days from the date of this Order in which to supplement his 1 Application with additional information to establish his indigent status. Signed by Magistrate Judge Cheryl A. Eifert on 5/24/2017. (cc: Plaintiff) (mkw)
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Plaintiff: Wei-ping Zeng
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