Malone, Wayne v. Hoogland Foods, LLC
| Wayne J. Malone, Jr. |
| Hoogland Foods, LLC and Hoogland Foods, LLC doing business as Marco's Pizza |
| 3:2019cv00891 |
| October 29, 2019 |
| US District Court for the Western District of Wisconsin |
| William M Conley |
| Stephen L Crocker |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 27, 2021. A more recent docket listing may be available from PACER.
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Filing 71
Pursuant to Fed. R. Civ. P. 41(a)(1), this case is closed without further order of the court. (jls)
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Filing 70
STIPULATION of Dismissal (Scarr, Amy)
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Filing 69
** TEXT ONLY ORDER ** The court having been advised by counsel that this action has been settled, this case is hereby DISMISSED without prejudice. Any party may move to dismiss with prejudice or to reopen for good cause shown. Signed by District Judge William M. Conley on 12/14/2021. (voc)
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Filing 68
Notice of Settlement by Plaintiff Wayne J. Malone, Jr (Scarr, Amy)
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Filing 67
Brief in Reply by Defendant Hoogland Foods, LLC in Support of #45 Motion for Summary Judgment (Griswold, Joel)
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Filing 66
Response to Proposed Findings of Fact filed by Defendant Hoogland Foods, LLC re: #45 Motion for Summary Judgment (Griswold, Joel)
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Filing 65
Reply in Support of Proposed Findings of Fact filed by Defendant Hoogland Foods, LLC re: #45 Motion for Summary Judgment (Griswold, Joel)
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Filing 64
Deposition of Jacqueline R. Steele taken on September 22, 2021. (Attachments: #1 Exhibit 14--Steele schedules, #2 Exhibit 15--Steele punch records) (Scarr, Amy)
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Filing 63
Deposition of Andres Martinez taken on August 12, 2021. (Scarr, Amy)
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Filing 62
Declaration of Amy F Scarr filed by Plaintiff Wayne J. Malone, Jr re: #45 Motion for Summary Judgment (Attachments: #1 Exhibit Def's Admissions, #2 Exhibit Int Resps, 1st amended, #3 Exhibit Rule 45 subpoena to Verizon, #4 Exhibit phone records, #5 Exhibit Malone Errata pages, #6 Exhibit Denny Errata Page, #7 Exhibit Def 3-1-21 amended int resps) (Scarr, Amy)
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Filing 61
Declaration of Wayne J Malone, Jr filed by Plaintiff Wayne J. Malone, Jr re: #45 Motion for Summary Judgment (Scarr, Amy)
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Filing 60
Brief in Opposition by Plaintiff Wayne J. Malone, Jr re: #45 Motion for Summary Judgment filed by Hoogland Foods, LLC (Scarr, Amy)
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Filing 59
Proposed Findings of Fact filed by Plaintiff Wayne J. Malone, Jr re: #45 Motion for Summary Judgment (Scarr, Amy)
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Filing 58
Response to Proposed Findings of Fact filed by Plaintiff Wayne J. Malone, Jr re: #45 Motion for Summary Judgment (Scarr, Amy)
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Filing 57
Corrected Brief in Support of #45 Motion for Summary Judgment by Defendant Hoogland Foods, LLC (Griswold, Joel)
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Filing 56
Corrected Proposed Findings of Fact filed by Defendant Hoogland Foods, LLC re: #45 Motion for Summary Judgment (Griswold, Joel)
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Filing 55
Deposition of Brooke Tristan taken on August 11, 2021. (Attachments: #1 Exhibit 1 - Appl for Employment, #2 Exhibit 2 - Employee Schedule, #3 Exhibit 3 - Labor Summary Report, #4 Exhibit 4 - Empl Handbook, #5 Exhibit 5 - Job Description) (Griswold, Joel)
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Filing 54
Deposition of Jaelyn Fischer taken on August 11, 2021. (Griswold, Joel)
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Filing 53
Deposition of Melissa Barber taken on August 26, 2021. (Attachments: #1 Exhibit 1 - Job Description, #2 Exhibit 2 - Empl Handbook, #3 Exhibit 3 - Policy, #4 Exhibit 4 - EEO Training, #5 Exhibit 5 - Verizon Records) (Griswold, Joel)
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Filing 52
Deposition of Jacqueline R. Steele taken on August 26, 2021. (Attachments: #1 Exhibit 1 - New Hire Form, #2 Exhibit 2 - EEO Training, #3 Exhibit 3 - Emp Handbook, #4 Exhibit 4 - Job Description, #5 Exhibit 5 - Insurance Card, #6 Exhibit 6 - Emp Schedule, #7 Exhibit 7 - Time Records, #8 Exhibit 8 - Text Messages, #9 Exhibit 9 - Phone Record, #10 Exhibit 10 - Cell phone records, #11 Exhibit 11 - Communication Form, #12 Exhibit 12 - Emails, #13 Exhibit 13 - Emp Termination Form) (Griswold, Joel)
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Filing 51
Deposition of Darlene Denny l/k/a Denny-Cornelius taken on August 5, 2021. (Attachments: #1 Exhibit 1 - Emp Application, #2 Exhibit 2 - Progressive Insurance Card, #3 Exhibit 3 - Insurance Card) (Griswold, Joel)
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Filing 50
Deposition of Wayne Malone, Jr. taken on July 30, 2021. (Attachments: #1 Exhibit 1 - Notice of Depo, #2 Exhibit 2 - Marco's Appl for Employment, #3 Exhibit 3 - Emp Handbook, #4 Exhibit 4 - Jan-Mar App for Employment, #5 Exhibit 5 - Goodwill App for Employment, #6 Exhibit 6 - Email from Sorensen, #7 Exhibit 7 - Goodwill Acct Form, #8 Exhibit 8 - Chain of Emails, #9 Exhibit 9 - Email from Sorensen, #10 Exhibit 10 - Text messages Nov 27 2017 - Feb 12 2018, #11 Exhibit 11 - Employee Schedule, #12 Exhibit 12 - FVMC Form 4-24-18, #13 Exhibit 13 - FVMC Form 5-20-18, #14 Exhibit 14 - Emp Termination Form, #15 Exhibit 15 - Facebook Post) (Griswold, Joel)
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Filing 49
Affidavit of Shanna Hubert filed by Defendant Hoogland Foods, LLC In Support of Defendant's re: #45 Motion for Summary Judgment (Attachments: #1 Exhibit 1 - Policy - Sept 10 2017 - June 2018, #2 Exhibit 2 - Malone's Handbook Acknowledgment, #3 Exhibit 3 - Attendance Policy - Sept 10 2017 - June 2018) (Griswold, Joel)
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Filing 48
Brief in Support of #45 Motion for Summary Judgment by Defendant Hoogland Foods, LLC (Griswold, Joel)
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Filing 47
Notice by Defendant Hoogland Foods, LLC re: #45 MOTION FOR SUMMARY JUDGMENT. (Appendix of Evidentiary Materials in Support of its Motion for Summary Judgment). (Attachments: #1 Exhibit A - Disregard, #2 Exhibit B - Disregard, #3 Exhibit C - Disregard, #4 Exhibit D - Disregard, #5 Exhibit E - Disregard, #6 Exhibit F - Disregard, #7 Exhibit G - Disregard) (Griswold, Joel)
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Filing 46
Proposed Findings of Fact filed by Defendant Hoogland Foods, LLC re: #45 Motion for Summary Judgment (Griswold, Joel)
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Filing 45
MOTION FOR SUMMARY JUDGMENT by Defendant Hoogland Foods, LLC. Brief in Opposition due 10/25/2021. Brief in Reply due 11/4/2021. (Griswold, Joel)
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Filing 44
ORDER granting in part and denying in part #32 Motion to Compel by plaintiff; Granting #37 Motion for Protective Order by Defendant. The deadline to file dispositive motions is extended to October 4, 2021. The September 9, 2021 telephonic status conference is CANCELED as unnecessary. Signed by Magistrate Judge Stephen L. Crocker on 9/1/2021. (voc)
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Set Telephone Pretrial or Status Conference: Telephone Status Conference set for 9/9/2021 at 09:00 AM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. (rks)
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Filing 43
Letter Requesting Status Conference by Plaintiff Wayne J. Malone, Jr. Response due 9/3/2021. (Scarr, Amy) Modified on 8/27/2021. (arw)
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Filing 42
Declaration of Wayne J Malone, Jr filed by Plaintiff Wayne J. Malone, Jr re: #37 Motion for Protective Order (Scarr, Amy)
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Filing 41
Declaration of Amy F Scarr filed by Plaintiff Wayne J. Malone, Jr re: #37 Motion for Protective Order (Attachments: #1 Exhibit Scarr 07-01-21 email, #2 Exhibit Facebook post 07-01-18) (Scarr, Amy)
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Filing 40
Brief in Opposition by Plaintiff Wayne J. Malone, Jr re: #37 Motion for Protective Order filed by Hoogland Foods, LLC (Scarr, Amy)
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Set/Reset Briefing Deadlines as to #37 Motion for Protective Order. Brief in Opposition due 7/12/2021. (jls)
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Filing 39
Brief in Support of #37 Motion for Protective Order by Defendant Hoogland Foods, LLC (Attachments: #1 Exhibit 1 - General Protective Order with confidentiality provisions., #2 Exhibit 2 - Protective Order with AEO designation) (Griswold, Joel)
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Filing 38
Declaration of Joel Griswold filed by Defendant Hoogland Foods, LLC re: #37 Motion for Protective Order (Attachments: #1 Exhibit 1 - Email Dated May 26, 2021, #2 Exhibit 2 - Email Thread from May 27 through June 3, 2021, #3 Exhibit 3 - Email Thread Dated June 29 - June 30, 2021, #4 Exhibit 4 - Email Dated July 1, 2021, #5 Exhibit 5 - First Set of Interrogatories, #6 Exhibit 6 - Second Set of Interrogatories, #7 Exhibit 7 - Declaration of John Doe, #8 Exhibit 8 - Facebook Post by Plaintiff, #9 Exhibit 9 - Plaintiff's Response to Interrogatory No. 10) (Griswold, Joel)
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Filing 37
Motion for Protective Order by Defendant Hoogland Foods, LLC. (Griswold, Joel)
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Filing 36
Brief in Opposition by Defendant Hoogland Foods, LLC re: #32 Motion to Compel filed by Wayne J. Malone, Jr. (Attachments: #1 Composite Exhibit 1 - Amended Responses, #2 Exhibit 2 - Email Thread Dated June 29 - June 30, 2021, #3 Exhibit 3 - Email Dated July 1, 2021, #4 Exhibit 4 - First Set of Interrogatories, #5 Exhibit 5 - Second Set of Interrogatories, #6 Exhibit 6 - Facebook Post, #7 Exhibit 7 - Plaintiff's Response to Interrogatory, #8 Exhibit 8 - Declaration of John Doe, #9 Exhibit 9 - Email Dated May 28, 2021, #10 Exhibit 10 - Email Dated June 3, 2021, #11 Exhibit 11 - Draft Protective Order, #12 Exhibit 12 - Hoogland's Initial Disclosures, #13 Composite Exhibit 13 - Amended Initial Disclosures and Email Serving) (Griswold, Joel) Modified on 7/6/2021. (lak)
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Filing 35
Exhibit to #33 Declaration,,,, filed by Wayne J. Malone, Jr. Exhibit 16 (corrected) (Scarr, Amy) Modified on 6/28/2021: Linked to the pending motion. (lak)
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Filing 34
Brief in Support of #32 Motion to Compel Disclosure and Discovery by Plaintiff Wayne J. Malone, Jr (Scarr, Amy)
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Filing 33
Declaration of Amy F Scarr filed by Plaintiff Wayne J. Malone, Jr re: #32 Motion to Compel (Attachments: #1 Exhibit Pl.'s 02-18-21 Ints, #2 Exhibit Def.'s Resps to First Ints, #3 Exhibit Pl.'s 02-18-21 RPD, #4 Exhibit Def.'s Resps to First RPD, #5 Exhibit Pl.'s 03-01-21 Ints, #6 Exhibit Def's Resps to 03-01-21 Ints, #7 Exhibit Scarr 05-06-21 email, #8 Exhibit Scarr 05-12-21 letter, #9 Exhibit Scarr 05-12-21 email, #10 Exhibit Scarr 05-14-21 letter, #11 Exhibit Scarr 05-14-21 email, #12 Exhibit Scarr-Griswold emails, #13 Exhibit Def's Amended Resps to First Ints, #14 Exhibit Def's docs DEF485-DEF490, #15 Exhibit Def's Amended Resps to 03-01-21 Ints, #16 Exhibit Def's Amended Resps to First RPD, #17 Exhibit Def's Rule 26(a)(1) disclosures, #18 Exhibit Scarr 06-14-21 email, #19 Exhibit Def's Rule 26(a)(1) disclosures--arbitration, #20 Exhibit Scarr 11-10-20 email) (Scarr, Amy)
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Filing 32
Motion to Compel Disclosure and Discovery by Plaintiff Wayne J. Malone, Jr. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 7/2/2021. (Scarr, Amy)
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Filing 31
** TEXT ONLY ORDER **ORDER granting #30 Motion to Admit Meagan L. Martin Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 2/18/2021. (lak)
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Filing 30
Motion to Admit Meagan L. Martin Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2830961.) by Defendant Hoogland Foods, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Martin, Meagan)
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Filing 29
ANSWER to Amended Complaint by Defendant Hoogland Foods, LLC. (Griswold, Joel)
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Filing 28
Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge William M. Conley attached. Dispositive Motions due 9/17/2021. Settlement Letters due 12/17/2021. Motions in Limine due 1/7/2022. Response to Motion due 1/21/2022. Final Pretrial Conference set for 2/1/2022 at 04:00 PM. Jury Selection and Trial set for 2/14/2022 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 2/3/2021. (voc)
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Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Scheduling Conference held on 2/3/2021 [:10] (skv)
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Filing 27
Joint Preliminary Pretrial Conference Report by Plaintiff Wayne J. Malone, Jr (Scarr, Amy)
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Filing 26
AMENDED COMPLAINT against Hoogland Foods, LLC, filed by Wayne J. Malone, Jr. (Scarr, Amy)
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Filing 25
** TEXT ONLY ORDER **Defendant's motion to withdraw its motion to compel arbitration and related filings (dkt. #23 ) is GRANTED. The parties' joint motion to vacate the scheduling order (dkt. #24 ) is also GRANTED. A scheduling conference will be held with Judge Crocker on February 3, 2021 to reset the schedule. Signed by District Judge William M. Conley on 1/5/2021. (rks)
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Set Telephone Pretrial or Status Conference: Telephone Scheduling Conference set for 2/3/2021 at 02:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. (rks)
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Filing 24
Joint Motion to Vacate #21 Scheduling Order, by Defendant Hoogland Foods, LLC. (Griswold, Joel)
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Filing 23
Motion to Withdraw by Defendant Hoogland Foods, LLC re: #12 Brief in Reply, #7 Brief in Support, #8 Declaration #6 Motion to Compel Arbitration of Plaintiff's Claims. (Griswold, Joel) Modified on 12/22/2020. (lak)
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Filing 22
Minute Entry for proceedings held before Magistrate Judge Peter A. Oppeneer: Settlement Conference held on 12/1/2020 by Zoom video conference during which the parties did not reach a final settlement. [5:00] (voc)
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Set Hearings: Settlement Conference set for 12/1/2020 at 09:30 AM before Magistrate Judge Peter Oppeneer via Zoom conference. The court will send invitations by email to counsel. (nln)
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Filing 21
Scheduling Order: Rule 26(a)(3) Disclosures, Motions in Limine and Trial Briefs due 2/16/2021. Responses due 2/23/2021. Final Pretrial Conference set for 3/2/2021 at 4:00 PM. Court Trial set for 3/15/2021 at 9:00 AM, tentatively by Zoom video conference. Signed by District Judge William M. Conley on 10/30/2020. (arw)
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Filing 20
Minute Entry for proceedings held before District Judge William M. Conley: Status/Scheduling Conference held on 10/30/2020 by Zoom video conference. [:15] (Court Reporter CS.) (kwf)
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Filing 19
Joint Preliminary Pretrial Conference Report by Plaintiff Wayne J. Malone, Jr (Scarr, Amy)
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Filing 18
** TEXT ONLY ORDER ** The court will hold a Conference on 10/30/2020 at 2:00 pm by Zoom video conference. The court will send invitations by email to counsel. All participants are reminded that video or audio recordings of the proceedings are strictly prohibited. Full guidelines governing access to court hearings can be found #here. A guide to participating in Zoom video hearings can be found #here. Public access to the video stream is available on #YouTube. Signed by District Judge William M. Conley on 10/21/2020. (voc)
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Filing 17
ORDER denying #6 Motion to Compel by Defendant Hoogland Foods, LLC. On October 30, 2020, at 2:00 p.m., the court will hold a zoom conference with the parties' counsel to discuss the scheduling and procedures for an expedited trial on the existence of the Arbitration Agreement. On October 30, 2020, at 2:00 p.m., the court will hold a zoom conference with the parties' counsel to discuss the scheduling and procedures for an expedited trial on the existence of the Arbitration Agreement. On or before October 28, 2020, the parties are to meet and confer and file a joint pretrial conference report or, if unable to agree, separate reports consistent with local procedures. Signed by District Judge William M. Conley on 10/21/2020. (voc)
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Set Hearing: Conference set for 10/30/2020 at 02:00 PM. (voc)
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Filing 16
** TEXT ONLY ORDER ** The parties' #15 joint motion to postpone the telephonic conference is granted. The January 21, 2020 conference is canceled. So that this case does not lose its place in line for trial if the motion to compel arbitration is denied, jury selection and trial are set for April 12, 2021 at 9:00 a.m. The court will hold a telephonic preliminary pretrial conference if necessary after ruling on the arbitration motion, at which it will set the rest of the schedule leading toward trial. Signed by Magistrate Judge Stephen L. Crocker on 1/9/2020. (voc)
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Filing 15
Joint Motion to Reschedule Telephone Pretrial Conference by Plaintiff Wayne J. Malone, Jr. (Scarr, Amy)
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Filing 14
** TEXT ONLY ORDER **ORDER granting #13 Motion to Admit Joel C. Griswold Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 1/9/2020. (lak)
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Filing 13
Motion to Admit Joel C. Griswold Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2607142.) by Defendant Hoogland Foods, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Griswold, Joel)
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Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 1/21/2020 at 01:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (voc)
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Filing 12
Brief in Reply by Defendant Hoogland Foods, LLC in Support of #6 Motion to Compel Arbitration. (DelGobbo, Bonnie)
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Filing 11
Declaration of Amy F. Scarr filed by Plaintiff Wayne J. Malone, Jr. re: #6 Motion to Compel, (Attachments: #1 Exhibit 1 - Scarr 06-29-18 Letter to Hoogland, #2 Exhibit 2 - Hubert 02-20-10 Letter to ERD, #3 Exhibit 3 - ERO Fergison 03-25-19 Letter to Hubert, #4 Exhibit 4 - EEOC Notice of Right to Sue, #5 Exhibit 5 - EEOC Envelope, #6 Exhibit 6 - Griswold 11-07-19 Email to Scarr) (Scarr, Amy)
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Filing 10
Declaration of Wayne J. Malone, Jr. filed by Plaintiff Wayne J. Malone, Jr. re: #6 Motion to Compel. (Scarr, Amy)
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Filing 9
Brief in Opposition by Plaintiff Wayne J. Malone, Jr re: #6 Motion to Compel filed by Hoogland Foods, LLC. (Scarr, Amy)
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Filing 8
Declaration of Shanna Hubert filed by Defendant Hoogland Foods, LLC re: #6 Motion to Compel, (Attachments: #1 Exhibit A - Employment Arbitration Agreement) (lak)
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Filing 7
Brief in Support of #6 Motion to Compel Arbitration of Plaintiff's Claims by Defendant Hoogland Foods, LLC. (Attachments: #1 Disregard. Refer to #8 .) (DelGobbo, Bonnie) Modified on 12/3/2019. (lak)
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Filing 6
Motion to Compel Arbitration of Plaintiff's Claims by Defendant Hoogland Foods, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 12/3/2019. (DelGobbo, Bonnie)
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Filing 5
Notice of Appearance filed by Bonnie Keane DelGobbo for Defendant Hoogland Foods, LLC. (DelGobbo, Bonnie)
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Set/Reset Briefing Deadlines as to #6 Motion to Compel Arbitration of Plaintiff's Claims. Brief in Opposition due 12/13/2019. Brief in Reply due 12/20/2019. (voc/slc)
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Filing 4
Affidavit of Service by Plaintiff. Hoogland Foods, LLC served on 11/7/2019, answer due 11/29/2019. (Scarr, Amy)
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Filing 3
Corporate Disclosure Statement by Plaintiff Wayne J. Malone, Jr. (Scarr, Amy)
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Filing 2
Summons Issued as to Hoogland Foods, LLC. (voc)
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Filing 1
COMPLAINT against Hoogland Foods, LLC (Filing fee $400, receipt number 0758-2567366) filed by Wayne J. Malone, Jr. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Summons) (Scarr, Amy) Modified on 10/29/2019. (arw)
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Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (voc)
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Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (voc)
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