Case details

Court: alsd
Docket #: 1:16-cv-00093
Case Name: Brown v. Utilities Board, City of Daphne, Ala
PACER case #: 58997
Date filed: 2016-02-29
Assigned to: Judge Kristi K. DuBose
Referred to: Magistrate Judge William E. Cassady
Case Cause: 42:1981 Job Discrimination (Race)
Nature of Suit: 442 Civil Rights: Jobs
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Deloris N. Brown
Plaintiff
Ronnie L. Williams
814 St. Francis Street Mobile, AL 36602 251-432-6985 Fax: 2514326987 Email: rwilliams@williams-llc.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Utilities Board, City of Daphne, Ala
Defendant
(Daphne Utilities)
Andrew John Rutens
Galloway, Wettermark, Everest, Rutens & Gaillard, LLP 3263 Cottage Hill Road (36606) P.O. Box 16629 Mobile, AL 36616-0629 (251) 476-4493 Fax: (251) 479-5566 Email: arutens@gallowayllp.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alicia Jacob Corley
645 Beacon Lite Road Monument, CO 80132 719-884-8046 Fax: 251-479-5566 Email: acorley@tomgov.org
TERMINATED: 06/02/2017 ATTORNEY TO BE NOTICED

Melissa Gail Hunter
Galloway, Wettermark, Everest, Rutens & Gaillard, LLP P. O. Box 16629 Mobile, AL 36616-0629 251-476-4493 Fax: 251-479-5566 Email: mpigg@gallowayllp.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2016-02-29 1 0 COMPLAINT against Utilities Board, City of Daphne, Ala ( Filing fee $400 receipt number 1128-1864966, Online Credit Card Payment), filed by Deloris N. Brown. (Attachments: # 1 Exhibit Proposed Summons) (Williams, Ronnie) (Additional attachment(s) added on 3/1/2016: # 2 Civil Cover Sheet) (cmj). (Entered: 02/29/2016)
1 1 Exhibit Proposed Summons
1 2 Civil Cover Sheet
2016-02-29 2 0 NOTICE of Filing Proposed Summons by Deloris N. Brown (Williams, Ronnie) (Entered: 02/29/2016)
2016-03-01 3 0 Summons Issued as to Utilities Board, City of Daphne, Ala.. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (cmj) (Entered: 03/01/2016)
2016-06-17 4 0 ORDER TO SHOW CAUSE as to why plaintiff has not complied with LR 4.3 Show Cause Response due by 6/27/2016.. Signed by Judge Kristi K. DuBose on 6/17/2016. (cmj) (Entered: 06/17/2016)
2016-06-27 5 0 RESPONSE TO ORDER TO SHOW CAUSE re: 4 Order to Show Cause filed by Deloris N. Brown. (Williams, Ronnie) (Entered: 06/27/2016)
2016-06-29 6 0 SUMMONS Returned Executed by Deloris N. Brown. Utilities Board, City of Daphne, Ala served on 6/27/2016, answer due 7/18/2016 (Williams, Ronnie) (Entered: 06/29/2016)
2016-07-18 7 0 MOTION to Dismiss and/or in the Alternative, Motion to Strike Jury Demand by Utilities Board, City of Daphne, Ala. (Rutens, Andrew) (Entered: 07/18/2016)
2016-07-18 8 0 Memorandum in Support re 7 MOTION to Dismiss and/or in the Alternative, Motion to Strike Jury Demand filed by Utilities Board, City of Daphne, Ala. (Rutens, Andrew) (Entered: 07/18/2016)
2016-07-19 9 0 Order entered re: 7 MOTION to Dismiss and/or in the Alternative, Motion to Strike Jury Demand filed by Utilities Board, City of Daphne, AL. Any opposition to the Motion is to be filed on or before August 1, 2016. If the moving party deems it necessary to reply, the reply brief must be filed on or before August 8, 2016. The Court will take this Motion under submission on August 9, 2016. Signed by Magistrate Judge Bert W. Milling, Jr on 7/19/2016. (mcb) (Entered: 07/19/2016)
2016-07-19 10 0 NOTICE of Appearance by Alicia Jacob Corley on behalf of Utilities Board, City of Daphne, Ala (Corley, Alicia) (Entered: 07/19/2016)
2016-08-01 11 0 MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss and/or in the Alternative, Motion to Strike Jury Demand by Deloris N. Brown. (Williams, Ronnie) (Entered: 08/01/2016)
2016-08-02 12 0 RESPONSE in Opposition re 7 MOTION to Dismiss and/or in the Alternative, Motion to Strike Jury Demand filed by Deloris N. Brown. (Attachments: # 1 Exhibit Plaintiff 11-1-13 Interview) (Williams, Ronnie) (Entered: 08/02/2016)
2016-08-03 13 0 MOTION for Extension of Time to Perfect Service of Process (Out of Time) by Deloris N. Brown. (Williams, Ronnie) (Entered: 08/03/2016)
2016-08-03 14 0 ORDER granting 11 Motion for Extension of Time to File Response/Reply. Plaintiff's response to Defendant's Motion to Dismiss is due not later than 8/2/16. Signed by Magistrate Judge Bert W. Milling, Jr on 8/3/2016. (cmj) (Entered: 08/03/2016)
2016-08-08 15 0 REPLY to Response to Motion 7 to Dismiss and/or in the alternative Motion to Strike Jury Demand filed by Utilities Board, City of Daphne, Ala. (Attachments: # 1 Exhibit 1) (Rutens, Andrew) (Entered: 08/08/2016)
2016-08-22 16 0 REPORT AND RECOMMENDATIONS re 7 MOTION to Dismiss and/or in the Alternative, Motion to Strike Jury Demand filed by Utilities Board, City of Daphne, Ala and 13 MOTION for Extension of Time to Perfect Service of Process (Out of Time) filed by Deloris N. Brown. Plaintiff's motion for the court to extend time for service of process out of time (doc. 13) is granted. Plaintiff's time to serve is extended until 6/27/16, which service has been completed. As a result, Defendant's motion to dismiss for failure to timely serve is moot. It is recommended that defendant's motion, in the alternative, to strike the jury demand, be granted and that the jury demand by plaintiff be stricken from the pleadings with her claims to proceed to a non-jury trial. Objections to R&R due by 9/6/2016. Signed by Magistrate Judge Bert W. Milling, Jr on 8/22/2016. (cmj) (Entered: 08/22/2016)
2016-09-13 17 0 ORDER ADOPTING 16 REPORT AND RECOMMENDATIONS re 7 MOTION to Dismiss and/or in the Alternative, Motion to Strike Jury Demand filed by Utilities Board, City of Daphne, Ala. Defendant's motion, in the alternative, to strike the jury demand, is granted and that the jury demand by plaintiff is stricken from the pleadings with her claims to proceed to a non-jury trial. Defendant's motion to dismiss for failure to timely serve is moot. Signed by Judge Kristi K. DuBose on 9/13/2016. (cmj) (Entered: 09/13/2016)
2016-09-28 18 0 ANSWER to 1 Complaint, by Utilities Board, City of Daphne, Ala. (Rutens, Andrew) (Entered: 09/28/2016)
2016-09-29 19 0 PRELIMINARY SCHEDULING ORDER entered Rule 26 Meeting Report due by 11/14/2016. Signed by Magistrate Judge Bert W. Milling, Jr on 9/29/2016. (srd) (Additional attachment(s) added on 9/29/2016: # 1 Consent Form) (srd). (Entered: 09/29/2016)
2016-11-14 20 0 REPORT of Rule 26(f) Planning Meeting . (Rutens, Andrew) (Entered: 11/14/2016)
2016-11-17 21 0 SCHEDULING ORDER: Pretrial Conference set for 12/7/2017 09:00 AM in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Judge Kristi K. DuBose. Amended Pleadings due by 2/3/2017. Discovery cutoff 6/16/2017. Motions due by 7/7/2017. Bench Trial set for January, 2018 term 08:45 AM in US Courthouse, Courtroom 5A, 113 St. Joseph Street, Mobile, AL 36602 before Judge Kristi K. DuBose. Position Regarding Settlement due by 6/16/2017.. Signed by Magistrate Judge Bert W. Milling, Jr on 11/16/2016. (Attachments: # 1 Standing Pretrial Order) (cmj) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 11/17/2016)
2016-11-18 22 0 MOTION to Amend Answer 18 Answer to Complaint by Utilities Board, City of Daphne, Ala. (Rutens, Andrew) (Entered: 11/18/2016)
2016-11-21 23 0 Order Setting Motion Deadline re: 22 MOTION to Amend Answer 18 Answer to Complaint filed by Utilities Board, City of Daphne, Ala Responses/Objections due by 11/28/2016. If no objection is filed, the motion is granted. Signed by Judge Kristi K. DuBose on 11/21/2016. (nah) (Entered: 11/21/2016)
2016-11-28 24 0 ENDORSED ORDER GRANTING 22 Motion to Amend Answer. Signed by Magistrate Judge Bert W. Milling, Jr on 11/28/2016. (clr) (Entered: 11/28/2016)
2016-11-29 25 0 AMENDED ANSWER to 1 Complaint, by Utilities Board, City of Daphne, Ala. (Rutens, Andrew) (Entered: 11/29/2016)
2016-12-05 26 0 Notice of Filing Defendant's Initial Disclosures filed by Utilities Board, City of Daphne, Ala. (Rutens, Andrew) (Entered: 12/05/2016)
2016-12-14 27 0 Notice of Filing Defendant's First Interrogatories and Request for Production to Plaintiff filed by Utilities Board, City of Daphne, Ala. (Rutens, Andrew) (Entered: 12/14/2016)
2016-12-14 28 0 Notice of Filing Interrogatories, Requests for Admission & Production filed by Deloris N. Brown. (Williams, Ronnie) (Entered: 12/14/2016)
2017-01-13 29 0 Notice of Filing Defendant's Responses to Plaintiff's First Set of Requests for Admissions filed by Utilities Board, City of Daphne, Ala. (Rutens, Andrew) (Entered: 01/13/2017)
2017-04-10 30 0 Notice of Filing Defendant's Responses to Plaintiff's First Set of Interrogatories filed by Utilities Board, City of Daphne, Ala. (Corley, Alicia) (Entered: 04/10/2017)
2017-05-17 31 0 Notice of Filing Notice of Filing Notice of Deposition filed by Utilities Board, City of Daphne, Ala. (Rutens, Andrew) (Entered: 05/17/2017)
2017-05-24 32 0 Notice of Filing Notice of Intent to Serve Subpoena on Faulkner College filed by Utilities Board, City of Daphne, Ala. (Rutens, Andrew) (Entered: 05/24/2017)
2017-06-01 33 0 NOTICE of Appearance by Melissa Gail Hunter on behalf of Utilities Board, City of Daphne, Ala (Hunter, Melissa) (Entered: 06/01/2017)
2017-06-01 34 0 MOTION for Alicia J. Corley to Withdraw as Attorney by Utilities Board, City of Daphne, Ala. (Corley, Alicia) (Entered: 06/01/2017)
2017-06-01 35 0 ENDORSED ORDER granting 34 Alicia Corley's Motion to Withdraw as Attorney for Defendant. Signed by Magistrate Judge Bert W. Milling, Jr on 6/1/2017. (Milling, Bert) (Entered: 06/01/2017)
2017-06-02 36 0 Notice of Filing Defendant's Responses to Plaintiff's First Set of Requests for Production filed by Utilities Board, City of Daphne, Ala. (Rutens, Andrew) (Entered: 06/02/2017)
2017-06-14 37 0 Notice of Filing Notice of Filing Amended Video Deposition of Deloris Brown filed by Utilities Board, City of Daphne, Ala. (Rutens, Andrew) (Entered: 06/14/2017)
2017-06-14 38 0 MOTION for Extension of Time for Discovery and Dispositive Motion Deadlines by Utilities Board, City of Daphne, Ala. (Rutens, Andrew) (Entered: 06/14/2017)
2017-06-14 39 0 ENDORSED ORDER granting 38 Defendant's unopposed Motion for Extension of Discovery Period. The discovery completion date and the date to file the joint settlement statement is extended to July 14, 2017; the dispositive motion date is extended to July 28, 2017. All other remaining dates remain as set in the Scheduling Order. Signed by Magistrate Judge Bert W. Milling, Jr on 6/14/2017. (Milling, Bert) (Entered: 06/14/2017)
2017-06-15 40 0 Joint Position Regarding Settlement filed by Utilities Board, City of Daphne, Ala. (Rutens, Andrew) (Entered: 06/15/2017) 2017-06-15 13:08:49 a14e76303083ad32189e67419d01d7bbbf8197e0
2017-06-15 41 0 Document endorsed NOTED by Magistrate Judge Bert W. Milling, Jr: Document Referred, Position Regarding Settlement 40 filed by Utilities Board, City of Daphne, Ala. The parties are to file another joint settlement statement by July 14, 2017. (Milling, Bert) (Entered: 06/15/2017)
2017-06-23 42 0 Notice of Filing 2nd Amended Notice of Video Deposition of Deloris Brown with Duces Tecum filed by Utilities Board, City of Daphne, Ala. (Rutens, Andrew) (Entered: 06/23/2017)
2017-06-23 43 0 Notice of Filing Rule 30(b)(6) Deposition filed by Deloris N. Brown. (Williams, Ronnie) (Entered: 06/23/2017)
2017-07-18 44 0 ORDER TO SHOW CAUSE and for parties to file joint statement pertaining to settlement discussions. Show Cause Response and settlement position due by 7/25/2017.. Signed by Magistrate Judge Bert W. Milling, Jr on 7/18/2017. (cmj) (Entered: 07/18/2017)
2017-07-26 45 0 RESPONSE TO ORDER TO SHOW CAUSE re: 44 Order to Show Cause filed by Utilities Board, City of Daphne, Ala. (Hunter, Melissa) (Entered: 07/26/2017)
2017-07-27 46 0 Document endorsed NOTED by Magistrate Judge Bert W. Milling, Jr: Response to Order to Show Cause 45 filed by Utilities Board, City of Daphne, Ala (Milling, Bert) (Entered: 07/27/2017)
2017-07-28 47 0 MOTION for Summary Judgment by Utilities Board, City of Daphne, Ala. (Rutens, Andrew) (Entered: 07/28/2017)
2017-07-28 48 0 NOTICE of Filing Exhibits to Defendant's Motion for Summary Judgment by Utilities Board, City of Daphne, Ala re: 47 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1-12) (Rutens, Andrew) (Entered: 07/28/2017)
2017-07-28 49 0 Memorandum in Support re 47 MOTION for Summary Judgment , 48 Notice of Filing Exhibits filed by Utilities Board, City of Daphne, Ala. (Rutens, Andrew) (Entered: 07/28/2017)
2017-07-31 50 0 Order Setting Motion Deadline re: 47 MOTION for Summary Judgment filed by Utilities Board, City of Daphne, Ala. Responses due by 8/18/2017. Replies due by 8/25/2017. Motion to be taken under submission on 8/28/2017. Signed by Chief Judge Kristi K. DuBose on 7/31/2017. (nah) (Entered: 07/31/2017)
2017-08-17 51 0 Unopposed MOTION for Extension of Time to File Response/Reply as to 47 MOTION for Summary Judgment by Deloris N. Brown. (Williams, Ronnie) (Entered: 08/17/2017)
2017-08-17 52 0 This action has been transferred from the docket of Magistrate Judge Bert W. Milling, Jr and is now assigned to the docket of Magistrate Judge William E. Cassady. To ensure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix KD-C after the case number on all future pleadings. (clr) (Entered: 08/17/2017)
2017-08-21 53 0 Order granting 51 Motion for Extension of Time and Re-setting Motion Deadline/Hearing re: 47 MOTION for Summary Judgment filed by Utilities Board, City of Daphne, Ala. Responses due by 8/23/2017. Replies due by 8/30/2017. Motion Hearing/Oral Argument set for 9/6/2017 10:00 AM in US Courthouse, Courtroom 3A, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge William E. Cassady.. Signed by Magistrate Judge William E. Cassady on 8/18/2017. (cmj) (Entered: 08/21/2017)
2017-08-23 54 0 Second MOTION for Extension of Time to File Response/Reply as to 47 MOTION for Summary Judgment by Deloris N. Brown. (Williams, Ronnie) (Entered: 08/23/2017)
2017-08-24 55 0 RESPONSE to Motion re: 54 Second MOTION for Extension of Time to File Response/Reply as to 47 MOTION for Summary Judgment filed by Utilities Board, City of Daphne, Ala. (Hunter, Melissa) (Entered: 08/24/2017)
2017-08-24 56 0 Order granting 54 Second MOTION for Extension of Time to File Response/Reply as to 47 MOTION for Summary Judgment filed by Deloris N. Brown and resetting Motion Deadline re: 47 MOTION for Summary Judgment filed by Utilities Board, City of Daphne, Ala ( Responses due by 8/24/2017, Replies due by 8/31/2017. Signed by Magistrate Judge William E. Cassady on 8/24/2017. (cmj) (Entered: 08/24/2017)
2017-08-24 57 0 RESPONSE in Opposition re 47 MOTION for Summary Judgment filed by Deloris N. Brown. (Williams, Ronnie) (Entered: 08/24/2017)
2017-08-24 58 0 AFFIDAVIT in Opposition re 47 MOTION for Summary Judgment filed by Deloris N. Brown. (Williams, Ronnie) (Entered: 08/24/2017)
2017-08-24 59 0 Evidentiary Material filed by Deloris N. Brown re: 58 Affidavit in Opposition to Motion. (Attachments: # 1 Exhibit Exh B - July 2 Reprimand, # 2 Exhibit Exh C - 4-11-14 Termination Report, # 3 Exhibit Exh D 4-2-14 McDermott Supp Report) (Williams, Ronnie) (Entered: 08/25/2017)
2017-08-30 60 0 MOTION for Extension of Time to File Response/Reply as to 57 Response in Opposition to Motion for Summary Judment by Utilities Board, City of Daphne, Ala. (Hunter, Melissa) (Entered: 08/30/2017)
2017-08-31 61 0 REPLY to Response to Motion 47 filed by Utilities Board, City of Daphne, Ala. (Rutens, Andrew) (Entered: 08/31/2017)
2017-08-31 62 0 NOTICE of Filing Exhibits by Utilities Board, City of Daphne, Ala re: 61 Reply to Response to Motion (Rutens, Andrew) (Entered: 08/31/2017)
2017-09-01 63 0 ORDER finding as moot 60 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge William E. Cassady on 9/1/17. (cmj) (Entered: 09/01/2017)
2017-09-13 65 0 Order setting telephone conference. ( Telephone Conference set for 9/21/2017 10:00 AM with Magistrate Judge William E. Cassady. See call-in information.). Signed by Magistrate Judge William E. Cassady on 9/13/17. (cmj) (Entered: 09/13/2017)
2017-09-19 66 0 NOTICE OF CHANGE OF HEARING: Pretrial Conference RESCHEDULED for 12/14/2017 09:00 AM in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Chief Judge Kristi K. DuBose. (mcb) (Entered: 09/19/2017)