Case details

Court: lawd
Docket #: 5:11-cv-01698
Case Name: Culbert v. Cleco Corp
PACER case #: 120333
Date filed: 2011-09-22
Assigned to: Judge Tom Stagg
Referred to: Magistrate Judge Mark L Hornsby
Case Cause: 42:1981 Job Discrimination (Race)
Nature of Suit: 442 Civil Rights: Jobs
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Eddie Culbert
Plaintiff
Larry English
English & Assoc 415 Texas St Ste 320 Shreveport, LA 71101 318-222-1900 Fax: 318-226-1660 Email: englishlaw2008@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Albert Van-Lare
80 Wall St 3rd Fl New York, NY 10005 212-608-1400 Fax: 212-608-9347 Email: vanlareesq@aol.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Carlos Demetrius Prudhomme
2790 Fairfield Ave Shreveport, LA 71109 318-222-5200 Fax: 318-222-5249
ATTORNEY TO BE NOTICED

C L E C O Corp
Defendant
Charles H Hollis
Kullman Firm (NO) P O Box 60118 New Orleans, LA 70160 504-524-4162 Fax: 504-596-4114 Email: chh@kullmanlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Claire H McDaniel
Kullman Firm (NO) P O Box 60118 New Orleans, LA 70160 504-524-4162 Fax: 504-596-4189 Email: chm@kullmanlaw.com
ATTORNEY TO BE NOTICED

John Tucker Kalmbach
Cook Yancey et al P O Box 22260 Shreveport, LA 71120-2260 318-221-6277 Fax: 318-227-7850 Email: john.kalmbach@cookyancey.com
ATTORNEY TO BE NOTICED

Martin Joseph Regimbal
Kullman Firm (MS) P O Box 827 Columbus, MS 39701 662-244-8824 Fax: 662-244-2237 Email: mjr@kullmanlaw.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Nicole Seale Adler
Kullman Firm (NO) P O Box 60118 New Orleans, LA 70160 504-596-4157 Fax: 504-596-4189 Email: nsa@kullmanlaw.com
ATTORNEY TO BE NOTICED

Vasilios Manthos
Kullman Firm (BR) 4605 Bluebonnet Blvd Ste A Baton Rouge, LA 70809 225-906-4250 Fax: 225-906-4230 Email: vm@kullmanlaw.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2009-12-11 1 0 COMPLAINT against Cleco Corp with Jury Demand (Filing fee to be paid by cash, check, or credit card in person in a division of the court) filed by Isaac Jordan, Stafford Williams, Ronald Smith Sr, John Murchison, Caldwell Burgess, Vanda Willis, Eddie Culbert, Thomas Jones, Jr, Gregory Willis, Roy Hudson, Kelsow Williams, Jr, Jennifer Hill. (Attachments: # 1 Civil cover sheet)(aty,English, Larry) Modified on 12/17/2009 to correct parties. (Dean, S). (Entered: 12/11/2009)
2009-12-18 2 0 SUMMONS ISSUED as to Cleco Corp (crt,Dean, S) (Entered: 12/18/2009)
2010-01-21 3 0 FILED IN ERROR - COUNSEL REQUESTED TO RESUBMIT. MOTION to Amend/Correct by All Plaintiffs. Motions referred to Mark L Hornsby. (aty,English, Larry) Modified to reflect filed in error on 1/22/2010. (Alexander, E) (Entered: 01/21/2010)
2010-01-21 4 0 MOTION for Albert Van Lare to Appear Pro Hac Vice (Filing fee to be paid by cash, check, or credit card in person in a division of the court) by All Plaintiffs. Motions referred to Mark L Hornsby. (Attachments: # 1 Certificate of good standing)(aty,English, Larry) (Entered: 01/21/2010)
2010-01-26 5 0 FIRST AMENDED COMPLAINT filed by All Plaintiffs.(aty,English, Larry) Modified on 1/26/2010 to more accurately identify pleading submitted (Reasor, M). (Entered: 01/26/2010)
2010-02-01 6 0 ORDER granting 4 Motion to Appear Pro Hac Vice for appearance of Albert Van-Lare for All Plaintiffs. Signed by Magistrate Judge Mark L Hornsby on 2/1/2010. (crt,Reasor, M) (Entered: 02/02/2010)
2010-02-03 7 0 Unopposed MOTION for Extension of Time to File Answer With Consent by Cleco Corp. Motions referred to Mark L Hornsby. (Attachments: # 1 Text of proposed order)(aty,Hollis, Charles) (Entered: 02/03/2010)
2010-02-05 8 0 ORDER granting 7 Motion for Extension of Time to Answer re 1 Complaint, 5 Amended Counterclaim. Cleco Corp answer due 3/15/2010. Signed by Magistrate Judge Mark L Hornsby on 2/5/2010. (crt,Alexander, E) (Entered: 02/08/2010)
2010-02-08 9 0 NOTICE of Corporate Disclosure Statement Requirement sent to Charles H Hollis on behalf of Cleco Corp. (crt,Alexander, E) (Entered: 02/08/2010)
2010-02-09 10 0 NOTICE of Appearance by Vasilios Manthos on behalf of Cleco Corp (aty,Manthos, Vasilios) (Entered: 02/09/2010)
2010-02-11 11 0 CORPORATE DISCLOSURE STATEMENT by Cleco Corp. (aty,Hollis, Charles) (Entered: 02/11/2010)
2010-03-15 12 0 ANSWER to 5 First Amended Complaint, with Jury Demand by C L E C O Corp.(aty,Hollis, Charles) Modified on 3/15/2010 to correctly link answer to First Amended Complaint (Smith, C). (Entered: 03/15/2010)
2010-03-17 13 0 MEMORANDUM ORDER: The parties are directed to serve their initial disclosures within 30 days and promptly begin necessary discovery and motion practice. A scheduling order will be issued by the Court setting the matter for trial in due course. Signed by Judge Donald E Walter on 3/16/10. (crt,Smith, C) (Entered: 03/17/2010)
2010-03-17 14 0 NOTICE of Appearance by Allison Nicole Seale on behalf of C L E C O Corp (aty,Seale, Allison) (Entered: 03/17/2010)
2010-03-17 15 0 NOTICE of Appearance by Claire H McDaniel on behalf of C L E C O Corp (aty,McDaniel, Claire) (Entered: 03/17/2010)
2010-03-19 16 0 NOTICE of Appearance by John Tucker Kalmbach on behalf of C L E C O Corp (aty,Kalmbach, John) Modified on 3/22/2010 to indicate deficient status (Smith, C). Modified on 3/22/2010 to remove deficient status; deficiency issued in error (Smith, C). (Entered: 03/19/2010)
2010-03-22 17 0 (ISSUED IN ERROR) NOTICE of Deficiency to John Tucker Kalmbach on behalf of C L E C O Corp regarding 16 Notice of Appearance. Reason: This party is already represented by other counsel. A motion to enroll as co-counsel counsel is required. (crt,Smith, C) Modified on 3/22/2010 to indicate "Issued in Error" (Smith, C). (Entered: 03/22/2010)
2010-06-11 18 0 MOTION for Carlos Prudhomme to Enroll as Counsel by All Plaintiffs. Motions referred to Mark L Hornsby. (Attachments: # 1 order)(aty,English, Larry) (Entered: 06/11/2010)
2010-06-14 19 0 ORDER granting 18 Motion for Carlos Prudhomme to Enroll as Counsel. Added as counsel Carlos Demetrius Prudhomme for All Plaintiffs, Caldwell Burgess, Eddie Culbert, Jennifer Hill, Roy Hudson, Thomas Jones, Jr, Isaac Jordan, John Murchison, Ronald Smith, Sr, Kelsow Williams, Jr, Stafford Williams, Gregory Willis, and Vanda Willis. Signed by Magistrate Judge Mark L Hornsby on 06/14/10. (crt,Yocum, M) (Entered: 06/14/2010)
2010-06-21 20 0 SCHEDULING ORDER: Jury Trial set for 1/3/2011 09:00 AM in Shreveport, Courtroom 2 before Judge Donald E Walter. Pretrial Conference set for 12/9/2010 10:30 AM in Chambers before Judge Donald E Walter. Pretrial Order due by 12/6/2010. Joinder of Parties and Amendment of Pleadings due by 7/27/2010. Plaintiffs Witness List due by 8/11/2010. Plaintiffs Expert Info/Reports due by 9/10/2010. Defendants Expert Info/Reports due by 10/12/2010. Discovery due by 10/12/2010. Dispositive Motions due by 10/12/2010. Expert Depositions due by 10/25/2010. Daubert Motions due by 10/25/2010. Conference/Meeting of counsel to prepare pretrial order to be held by 11/9/2010. Motions in Limine due by 11/24/2010. Trial Brief/Pretrial Submissions due by 12/27/2010.. Signed by Judge Donald E Walter on 6/21/2010. (crt,Joffrion, B) (Entered: 06/22/2010)
2010-07-29 21 0 First MOTION to Intervene with consent by Debra Chenevert, All Plaintiffs. Motions referred to Mark L Hornsby. (Attachments: # 1 Affidavit, # 2 Proposed Pleading)(aty,Van-Lare, Albert) Modified on 8/2/2010 to reflect deficient status and add filer (Smith, C). Modified on 8/3/2010 to removed deficient status; see 23 Proposed Order (Smith, C). (Entered: 07/29/2010)
2010-08-02 22 0 NOTICE of Deficiency to Albert Van-Lare on behalf of Debra Chenevert regarding 21 First MOTION to Intervene with consent. Reason: no proposed order accompanied this motion. (crt,Smith, C) (Entered: 08/02/2010)
2010-08-02 23 0 PROPOSED ORDER/JUDGMENT by Debra Chenevert re 21 Motion to Intervene,. (aty,Van-Lare, Albert) (Entered: 08/02/2010)
2010-08-04 24 0 ORDER granting 21 Motion to Intervene. Signed by Magistrate Judge Mark L Hornsby on 08/04/2010. (crt,Williams, L) (Entered: 08/04/2010)
2010-08-04 25 0 INTERVENOR COMPLAINT against Cleco Corp filed by Debra Chenevert.(crt,Williams, L) (Entered: 08/04/2010)
2010-08-12 26 0 ANSWER to 25 Intervenor Complaint by C L E C O Corp.(aty,Hollis, Charles) (Entered: 08/12/2010)
2010-08-16 27 0 (ELECTRONICALLY FILED IN ERROR) WITNESS LIST filed (restricted access) by C L E C O Corp. (aty,Hollis, Charles) Modified on 8/16/2010 to reflect "Electronically Filed in Error" (Smith, C). (Entered: 08/16/2010)
2010-08-17 28 0 AMENDED CORPORATE DISCLOSURE STATEMENT by C L E C O Corp identifying Other Affiliate Blackrock Inc for C L E C O Corp. (aty,Hollis, Charles) Modified on 8/17/2010 to edit text (Smith, C). (Entered: 08/17/2010)
2010-08-24 29 0 MOTION for Martin Joseph Regimbal to Appear Pro Hac Vice Admission fee: $ 25, receipt number 0536-1454257 by C L E C O Corp. Motions referred to Mark L Hornsby. (Attachments: # 1 Text of proposed order, # 2 Certificate of good standing)(aty,Hollis, Charles) (Entered: 08/24/2010)
2010-08-27 30 0 ORDER granting 29 Motion to Appear Pro Hac Vice for appearance of Martin Joseph Regimbal for C L E C O Corp. Signed by Magistrate Judge Mark L Hornsby on 8/27/10. (crt,Smith, C) (Entered: 08/27/2010)
2010-09-09 31 0 MOTION for Protective Order by C L E C O Corp. Motions referred to Mark L Hornsby. ADMINISTRATIVE ENTRY as 31 Motion to Quash and for Protective Order e-filed without selecting all reliefs requested within the pleading. (crt,Smith, C) Modified on 9/9/2010 to assign document number (Smith, C). (Entered: 09/09/2010)
2010-09-10 32 0 ELECTRONIC MINUTE ENTRY: After a review of CLECO's Motion to Quash (Doc. 31), the September 14, 2010 deposition is ordered postponed pending further order of the court. A TELEPHONE Status Conference will be held on 9/14/2010 at 9:00 AM before Magistrate Judge Mark L Hornsby to discuss the motion and allow Plaintiffs to respond. Attorney Martin Regimbal will initiate the conference call. The use of cell phones is prohibited. Signed by Magistrate Judge Mark L Hornsby on 9/10/2010. (crt,Guin, P) (Entered: 09/10/2010)
2010-09-14 33 0 ELECTRONIC MINUTES for proceedings held before Magistrate Judge Mark L Hornsby: denying 31 Motion to Quash; denying 31 Motion for Protective Order; STATUS CONFERENCE held on 9/14/2010. As explained during the status conference, this court does not allow CEO or "apex" depositions lightly. However, this is not the typical apex deposition. Mr. Madison met with some of the plaintiffs and appears to have had enough contact with them to justify requiring him to sit for his deposition. Counsel for plaintiffs will work with counsel for defendant to schedule the deposition to minimize the inconvenience to Mr. Madison. (jud,Hornsby, Mark) (Entered: 09/14/2010)
2010-09-14 34 0 MOTION for Protective Order by All Plaintiffs and C L E C O Corp. Motions referred to Mark L Hornsby. (Attachments: # 1 Proposed Protective Order)(aty,Hollis, Charles) Modified on 9/15/2010 to add filer (Smith, C). (Entered: 09/14/2010)
2010-09-17 35 0 MOTION for Summary Judgment as to the Claims of Gregory Willis by C L E C O Corp. (Attachments: # 1 Exhibits D-41 - Plaintiff's Deposition Excerpts with Exhibits D-10, D-11, D-12, # 2 Exhibits D-42 - Declaration of Ed Taylor, # 3 Exhibits D-43 - Declaration of Robbyn Cooper, # 4 Exhibits D-44 - Declaration of John Melancon with Exhibits D-10, D-45, D-69, # 5 Exhibits D-46 - Declaration of Jeff Hall, # 6 Exhibits D-47 - Declaration of David DeBona, # 7 Exhibits D-48 - Declaration of Franklin Sylvia with Exhibit D-9, # 8 Exhibits D-49 - Declaration of Charles Spears, # 9 Exhibits D-50 - Declaration of Bryan Phillips with Exhibit D-51, # 10 Memorandum / Brief Memorandum in Support, # 11 Statement of material facts Statement of Material Facts, # 12 Text of proposed order Proposed Order)(aty,Regimbal, Martin) (Entered: 09/17/2010)
2010-09-17 36 0 MOTION for Summary Judgment as to the Claims of Vanda Willis by C L E C O Corp. (Attachments: # 1 Exhibits D-52 - Plaintiff's Deposition Excerpts with Exhibits D-17-22, D-24, # 2 Exhibits D-53 - Declaration of Gary Carter with Exhibits D-54-55, # 3 Exhibits D-57 - Declaration of Jeff Ryan with Exhibits D-58-60, D-62-64, # 4 Exhibits D-61 - Declaration of Regina Collins, # 5 Exhibits D-65 - Declaration of RIchard Sharp, # 6 Exhibits D-66 - Gregory Willis's EEOC Charge dated April 24, 2009, # 7 Memorandum / Brief, # 8 Statement of material facts, # 9 Text of proposed order)(aty,Regimbal, Martin) (Entered: 09/17/2010)
2010-09-17 37 0 MOTION for Summary Judgment as to the Claims of Kelsow Williams, Jr. by C L E C O Corp. (Attachments: # 1 Exhibits D-85 - Plaintiff's Deposition Excerpts with Exhibit D-28, # 2 Exhibits D-86 - Declaration of Terry Bonnette, # 3 Exhibits D-87 - Declaration of Ed Taylor, # 4 Exhibits D-88 - Declaration of Matt Sonnier, # 5 Exhibits D-89 - Declaration of Kevin Murray, # 6 Exhibits D-90 - Declaration of Mike Clark, # 7 Exhibits D-91 - Declaration of Julia Callis, # 8 Exhibits D-92 - Sonnier's Disciplinary Action, # 9 Exhibits D-93 - Murray's Disciplinary Action, # 10 Exhibits D-94 - Declaration of Wade Hoefling, # 11 Exhibits D-95 - Declaration of Anthony Bunting, # 12 Exhibits D-97 - Cleco's Anti-Harassment Policy, # 13 Exhibits D-98 - K. Williams's March 2008 EEOC Charge, # 14 Exhibits D-99 - Declaration of John Melancon, # 15 Memorandum / Brief, # 16 Statement of material facts, # 17 Text of proposed order)(aty,Regimbal, Martin) (Entered: 09/17/2010)
2010-09-17 38 0 MOTION for Summary Judgment as to the Claims of Thomas Jones, Jr. by C L E C O Corp. (Attachments: # 1 Exhibits D-100 - Plaintiff's Deposition Excerpts with Exhibits D-30-31, D-38-39, # 2 Exhibits D-101 - Declaration of Pat Dupuy, # 3 Exhibits D-102 - Declaration of John Melancon, # 4 Memorandum / Brief, # 5 Statement of material facts, # 6 Text of proposed order)(aty,Regimbal, Martin) (Entered: 09/17/2010)
2010-09-17 39 0 MOTION for Summary Judgment as to the Claims of John Murchison by C L E C O Corp. (Attachments: # 1 Exhibits D-67 - Plaintiff's Deposition Excerpts, # 2 Exhibits D-68 - Declaration of Anthony Bunting, # 3 Memorandum / Brief, # 4 Statement of material facts, # 5 Text of proposed order)(aty,Regimbal, Martin) (Entered: 09/17/2010)
2010-09-17 40 0 MOTION for Summary Judgment as to the Claims of Jennifer Hill by C L E C O Corp. (Attachments: # 1 Exhibits D-81 - Plaintiff's Deposition Excerpts with Exhibit D-26, # 2 Exhibits D-82 - Declaration of Troy West, # 3 Exhibits D-83 - Declaration of Keith Duplantis, # 4 Memorandum / Brief, # 5 Statement of material facts, # 6 Text of proposed order)(aty,Regimbal, Martin) (Entered: 09/17/2010)
2010-09-17 41 0 MOTION for Summary Judgment as to the Claims of Plaintiffs Debra Chenevert, Eddie Culbert, Ronald Smith, Sr., Roy Hudson, Isaac Jordan, Caldwell Burgess, and Stafford Williams by C L E C O Corp. (Attachments: # 1 Exhibits D-70 Culbert's Deposition Excerpts, # 2 Exhibits D-71 - Smith's Deposition Excerpts, # 3 Exhibits D-72 - Hudson's Deposition Excerpts, # 4 Exhibits D-73 - Jordan's Deposition Excerpts, # 5 Exhibits D-74 - Burgess's Deposition Excerpts, # 6 Exhibits D-75 - Williams's Deposition Excerpts, # 7 Exhibits D-77 - EEOC's Notice of Charge of Discrimination for Chenevert, # 8 Exhibits D-78 - Chenevert's EEOC Charge, # 9 Exhibits D-79 - Declaration of Marty Robinson with Exhibit D-80, # 10 Memorandum / Brief, # 11 Statement of material facts, # 12 Text of proposed order)(aty,Regimbal, Martin) (Entered: 09/17/2010)
2010-09-17 42 0 PROTECTIVE ORDER granting 34 Motion for Protective Order. Signed by Magistrate Judge Mark L Hornsby on 9/16/10. (crt,Smith, C) (Entered: 09/19/2010)
2010-09-19 43 0 NOTICE of Motion Setting without oral argument regarding 35 MOTION for Summary Judgment as to the Claims of Gregory Willis, 36 MOTION for Summary Judgment as to the Claims of Vanda Willis, 37 MOTION for Summary Judgment as to the Claims of Kelsow Williams, Jr., 38 MOTION for Summary Judgment as to the Claims of Thomas Jones, Jr., 39 MOTION for Summary Judgment as to the Claims of John Murchison, 40 MOTION for Summary Judgment as to the Claims of Jennifer Hill, 41 MOTION for Summary Judgment as to the Claims of Plaintiffs Debra Chenevert, Eddie Culbert, Ronald Smith, Sr., Roy Hudson, Isaac Jordan, Caldwell Burgess, and Stafford Williams. Motions referred to Donald E Walter. Motion day set for 11/5/2010 before Judge Donald E Walter. (crt,Smith, C) (Entered: 09/19/2010)
2010-09-24 44 0 MOTION to Quash Depositions by C L E C O Corp. Motions referred to Mark L Hornsby. (Attachments: # 1 Exhibits D-106 - Declaration of Charles H. Hollis with Exhibit D-107, # 2 Memorandum / Brief, # 3 Text of proposed order)(aty,Regimbal, Martin) (Entered: 09/24/2010)
2010-09-27 45 0 MEMORANDUM in Opposition re 44 MOTION to Quash Depositions filed by Debra Chenevert. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Text of proposed order)(aty,Van-Lare, Albert) Modified on 9/27/2010 to reflect deficient status (Smith, C). Modified on 9/28/2010 to remove deficient status; see 49 Corrective Document (Smith, C). (Entered: 09/27/2010)
2010-09-27 46 0 LETTER to Magistrate filed on behalf of All Plaintiffs regarding Motions for Summary Judgment. (aty,English, Larry) Modified on 9/28/2010 to more accurately identify document submitted (Smith, C). (Entered: 09/27/2010)
2010-09-27 47 0 NOTICE of Deficiency to Albert Van-Lare on behalf of Debra Chenevert regarding 45 Memorandum in Opposition to Motion to Quash Depositions. Reason: This document is not accompanied by a certificate of service as required by Fed.R.Civ.P. 5(d). (crt,Smith, C) (Entered: 09/27/2010)
2010-09-27 48 0 (DUPLICATE FILING) CORRECTIVE DOCUMENT entitled CERTIFICATE OF SERVICE filed by Debra Chenevert regarding 45 Memorandum in Opposition to Motion. (aty,Van-Lare, Albert) Modified on 9/28/2010 to accurately identify document and reflect submission is a "Duplicate Filing" of document 49 (Smith, C). (Entered: 09/27/2010)
2010-09-27 49 0 CORRECTIVE DOCUMENT entitled CERTIFICATE OF SERVICE filed by Debra Chenevert regarding 47 Notice of Deficiency, 45 Memorandum in Opposition to Motion,. (aty,Van-Lare, Albert) (Entered: 09/27/2010)
2010-09-28 50 0 ORDER granting in part and denying in part 44 Motion to Quash Depositions. Signed by Judge Donald E Walter on 9/28/10. (crt,Smith, C) (Entered: 09/28/2010)
2010-09-28 51 0 MOTION to Stay Motions for Summary Judgment by All Plaintiffs. Motions referred to Mark L Hornsby. (Attachments: # 1 Memorandum / Brief, # 2 Affidavit, # 3 Affidavit, # 4 Text of proposed order)(aty,English, Larry) Modified on 9/29/2010 to edit text (Smith, C). (Entered: 09/28/2010)
2010-09-29 52 0 ORDER denying 51 Motion to Stay Motions for Summary Judgment. Plaintiffs have until 5:00 p.m. on Monday, October 18, 2010, to file any opposition to defendant's motions for summary judgment. Signed by Judge Donald E Walter on 9/29/10. (crt,Smith, C) (Entered: 09/30/2010)
2010-10-18 53 0 MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment by All Plaintiffs. Motions referred to Mark L Hornsby. (Attachments: # 1 Text of proposed order)(aty,English, Larry) Modified on 10/18/2010 to edit text (Smith, C). (Entered: 10/18/2010)
2010-10-18 54 0 ORDER granting 53 Motion for Extension of Time to File Response/Reply. Responses due by 10/18/2010. Signed by Magistrate Judge Mark L Hornsby on 10/18/2010. (crt,Keifer, K) (Entered: 10/18/2010)
2010-10-19 55 0 MEMORANDUM in Opposition re 40 MOTION for Summary Judgment as to the Claims of Jennifer Hill MEMORANDUM filed by Jennifer Hill. (Attachments: # 1 Statement of material facts, # 2 Affidavit, # 3 Exhibits, # 4 Exhibits, # 5 Exhibits, # 6 Exhibits)(aty,Van-Lare, Albert) (Entered: 10/19/2010)
2010-10-19 56 0 MEMORANDUM in Opposition re 36 MOTION for Summary Judgment as to the Claims of Vanda Willis MEMORANDUM filed by Vanda Willis. (Attachments: # 1 Statement of material facts, # 2 Exhibits Madison Deposition, # 3 Affidavit of Service of Notice, # 4 Exhibits Customer Care Policy, # 5 Affidavit of Phoenix, # 6 Exhibits Deposition of Gary Carter, # 7 Exhibits Deposition of Vanda Willis, # 8 Exhibits Disciplinary Letter, # 9 Exhibits Ed Taulor Letter to Melancon recommending termination of Greg Willis, # 10 Exhibits Greg Willis Letter to Buswine, # 11 Exhibits Notice of Intent to Sue, # 12 Exhibits Ed Taylor Deposition)(aty,Van-Lare, Albert) Modified on 10/19/2010 to remove all caps (Smith, C). (Entered: 10/19/2010)
2010-10-19 57 0 MEMORANDUM in Opposition re 38 MOTION for Summary Judgment as to the Claims of Thomas Jones, Jr. MEMORANDUM filed by Thomas Jones, Jr. (Attachments: # 1 Statement of material facts, # 2 Affidavit of Sewell, # 3 Affidavit of Service of Notice of Intent to Sue, # 4 Affidavit Declaration of Thomas Jones, # 5 Affidavit Declaration of John Walker, # 6 Exhibits Thomas Jones Deposition, # 7 Exhibits Notice of Intent to Sue, # 8 Affidavit of Dupuy, # 9 Exhibits Dupuy Deposition, # 10 Affidavit of Gregory Willis)(aty,Van-Lare, Albert) Modified on 10/19/2010 to remove all caps (Smith, C). (Entered: 10/19/2010)
2010-10-19 58 0 EXHIBIT re 56 Memorandum in Opposition to Motion,, by Vanda Willis. (aty,Van-Lare, Albert) (Entered: 10/19/2010)
2010-10-19 59 0 MEMORANDUM in Opposition re 35 MOTION for Summary Judgment as to the Claims of Gregory Willis Memorandum filed by Gregory Willis. (Attachments: # 1 Statement of Material Facts, # 2 Affidavit Declaration of Burton, # 3 Affidavit Declaration of Pheonix, # 4 Affidavit Declaration of Willis, # 5 Affidavit Declaration Of Howard, # 6 Affidavit Declaration of LaCour, # 7 Affidavit Declaration of Barnes, # 8 Exhibits Deposition of Robbyn Cooper, # 9 Exhibits Deposition of Greg Willis, # 10 Affidavit Declaration of Holmes, # 11 Affidavit Declaration of Sonnier, # 12 Exhibits Deposition of Madison, # 13 Exhibits Deposition of Melancon, # 14 Exhibits Deposition of Sylvia, # 15 Exhibits Deposition of Taylor)(aty,Van-Lare, Albert) Modified on 10/19/2010 to edit text (Smith, C). (Entered: 10/19/2010)
2010-10-19 60 0 MEMORANDUM in Opposition re 39 MOTION for Summary Judgment as to the Claims of John Murchison Memorandum filed by John Murchison. (Attachments: # 1 Statement Of Facts, # 2 Exhibits Email from HR To Murchison, # 3 Exhibits 23:303 (c) Notice, # 4 Exhibits Deposition of Bunting, # 5 Affidavit Affidavit Of Murchison, # 6 Exhibits Email from Murchison about GM position, # 7 Exhibits Murchison Job Offer Opelousas, # 8 Exhibits email Murchison to GM, # 9 Exhibits Murchison Resume, # 10 Affidavit Declaration of Bunting)(aty,Van-Lare, Albert) (Entered: 10/19/2010)
2010-10-19 61 0 MEMORANDUM in Opposition re 41 MOTION for Summary Judgment as to the Claims of Plaintiffs Debra Chenevert, Eddie Culbert, Ronald Smith, Sr., Roy Hudson, Isaac Jordan, Caldwell Burgess, and Stafford Williams Memorandum filed by Eddie Culbert. (Attachments: # 1 Statement of material facts)(aty,Van-Lare, Albert) (Entered: 10/19/2010)
2010-10-19 62 0 MEMORANDUM in Opposition re 37 MOTION for Summary Judgment as to the Claims of Kelsow Williams, Jr. Memorandum filed by Kelsow Williams, Jr. (Attachments: # 1 Statement of material facts, # 2 Affidavit Declaration of Bonnette, # 3 Affidavit Affidavit of Taylor, # 4 Exhibits EEOC Determination, # 5 Exhibits Williams depo, # 6 Affidavit Declaration of Murray, # 7 Affidavit Declaration of Sonnier, # 8 Affidavit Willis Declaration In K. Williams)(aty,Van-Lare, Albert) (Entered: 10/19/2010)
2010-10-19 63 0 MOTION to Strike 60 Memorandum in Opposition to Motion, 55 Memorandum in Opposition to Motion, 56 Memorandum in Opposition to Motion, 59 Memorandum in Opposition to Motion, 58 Exhibit, 62 Memorandum in Opposition to Motion, 61 Memorandum in Opposition to Motion, 57 Memorandum in Opposition to Motion, by C L E C O Corp. Motions referred to Mark L Hornsby. (Attachments: # 1 Memorandum / Brief, # 2 Proposed Order, # 3 Proposed Order - Alternate Version)(aty,Regimbal, Martin) Modified on 10/20/2010 to edit text and to indicate that pdf of motion and attachments are duplicates of document 64 (Smith, C). (Entered: 10/19/2010)
2010-10-19 64 0 MOTION for Leave to File Replies to Plaintiffs' Responses to Defendant's Motions for Summary Judgment with consent by C L E C O Corp. Motions referred to Mark L Hornsby. (Attachments: # 1 Memorandum / Brief, # 2 Proposed Order - Alternate Version, # 3 Proposed Order)(aty,Regimbal, Martin) Modified on 10/20/2010 to edit text and to indicate that pdf of motion and attachments are duplicates of document 63 (Smith, C). (Entered: 10/19/2010)
2010-10-20 65 0 ORDER granting in part and denying in part 63 Motion to Strike or in the Alternative 64 Motion for Leave to File Replies to Plaintiffs' Responses to Defendant's Motions for Summary Judgment. The Court hereby grants Defendant's alternative and unopposed Motion for Leave to File Replies to Plaintiffs' responses. Defendant has until on or before 11/1/10 by which to file its replies. Signed by Judge Donald E Walter on 10/20/10. (crt,Smith, C) (Entered: 10/20/2010)
2010-10-25 66 0 ORDER denying 63 Motion to Strike. Signed by Judge Donald E Walter on 10/25/10. (crt,Smith, C) (Entered: 10/26/2010)
2010-10-26 67 0 REPLY to Response to Motion re 39 MOTION for Summary Judgment as to the Claims of John Murchison filed by C L E C O Corp. (Attachments: # 1 Statement of material facts Reply Statement of Material Facts)(aty,Regimbal, Martin) (Entered: 10/26/2010)
2010-10-26 68 0 REPLY to Response to Motion re 36 MOTION for Summary Judgment as to the Claims of Vanda Willis filed by C L E C O Corp. (Attachments: # 1 Statement of material facts Reply Statement of Material Facts)(aty,Regimbal, Martin) (Entered: 10/26/2010)
2010-10-28 69 0 REPLY to Response to Motion re 38 MOTION for Summary Judgment as to the Claims of Thomas Jones, Jr. filed by C L E C O Corp. (Attachments: # 1 Statement of material facts Reply Statement of Material Facts)(aty,Regimbal, Martin) (Entered: 10/28/2010)
2010-10-28 70 0 REPLY to Response to Motion re 37 MOTION for Summary Judgment as to the Claims of Kelsow Williams, Jr. filed by C L E C O Corp. (Attachments: # 1 Statement of material facts Reply Statement of Facts, # 2 Exhibits D-116 - Bonnette's Deposition Excerpts)(aty,Regimbal, Martin) (Entered: 10/28/2010)
2010-10-28 71 0 REPLY to Response to Motion re 40 MOTION for Summary Judgment as to the Claims of Jennifer Hill filed by C L E C O Corp. (Attachments: # 1 Statement of material facts Reply Statement of Facts, # 2 Exhibits D-109 - West's Deposition Excerpts, # 3 Exhibits D-110 - Duplantis's Deposition Excerpts, # 4 Exhibits D-111 - Hill's Deposition Excerpts)(aty,Regimbal, Martin) (Entered: 10/28/2010)
2010-10-28 72 0 REPLY to Response to Motion re 41 MOTION for Summary Judgment as to the Claims of Plaintiffs Debra Chenevert, Eddie Culbert, Ronald Smith, Sr., Roy Hudson, Isaac Jordan, Caldwell Burgess, and Stafford Williams filed by C L E C O Corp. (Attachments: # 1 Statement of material facts Reply Statement of Material Facts, # 2 Exhibits D-113 - Declaration of Charles Hollis with Exhibit D-112 - Email Chain, # 3 Exhibits D-114 - Taylor's Deposition Excerpts, # 4 Exhibits D-115 - Hudson's Deposition Excerpts)(aty,Regimbal, Martin) (Entered: 10/28/2010)
2010-10-29 73 0 REPLY to Response to Motion re 35 MOTION for Summary Judgment as to the Claims of Gregory Willis filed by C L E C O Corp. (Attachments: # 1 Statement of material facts Reply Statement of Material Facts, # 2 Exhibits D-117 - Willis's Deposition Excerpts with Exhibits D-15 and D-16)(aty,Regimbal, Martin) (Entered: 10/29/2010)
2010-11-03 74 0 MOTION for Leave to File Motion to Strike Portions of Defendant's Reply Brief by All Plaintiffs. Motions referred to Mark L Hornsby. (Attachments: # 1 Proposed Motion to Strike, # 2 Proposed Order on Motion for leave, # 3 Proposed Order on Motion to Strike)(aty,English, Larry) Modified on 11/3/2010 to edit text (Smith, C). (Entered: 11/03/2010)
2010-11-03 75 0 RESPONSE to Motion re 74 MOTION for Leave to File filed by C L E C O Corp. (Attachments: # 1 Exhibits A - Email dated 11-3-2010)(aty,Regimbal, Martin) (Entered: 11/03/2010)
2010-11-10 76 0 MINUTE ENTRY: A telephone status conference will be held on Tuesday, 11/16/2010, at noon. Counsel for CLECO is to initiate the conference call. (crt,Keifer, K) (Entered: 11/12/2010)
2010-11-17 77 0 MOTION to Continue Trial and Related Deadlines Pending Disposition of Summary Judgment Motions with opposition by C L E C O Corp. Motions referred to Mark L Hornsby. (Attachments: # 1 Text of proposed order)(aty,Regimbal, Martin) (Entered: 11/17/2010)
2010-11-17 78 0 MOTION to Sever Plaintiffs' Claims by C L E C O Corp. Motions referred to Mark L Hornsby. (Attachments: # 1 Memorandum / Brief, # 2 Text of proposed order)(aty,Regimbal, Martin) (Entered: 11/17/2010)
2010-11-18 79 0 NOTICE of Motion Setting regarding 78 MOTION to Sever Plaintiffs' Claims. Motions referred to Mark L Hornsby. (crt,Kennedy, T) (Entered: 11/18/2010)
2010-11-18 80 0 ORDER denying 74 Motion to Strike Portions of Defendant's Reply Brief. Plaintiffs are granted leave to file a sur-reply within 14 days to address the issues raised in the Defendant's reply brief. Signed by Judge Donald E Walter on 11/18/2010. (crt,Keifer, K) (Entered: 11/18/2010)
2010-11-18 81 0 ORDER granting 77 Motion to Continue Trial. A new scheduling order will be issued re-establishing the dates of the trial and pretrial conference. Signed by Judge Donald E Walter on 11/18/2010. (crt,Keifer, K) (Entered: 11/18/2010)
2010-11-24 82 0 MEMORANDUM in Opposition re 78 MOTION to Sever Plaintiffs' Claims filed by All Plaintiffs. (aty,English, Larry) (Entered: 11/24/2010)
2010-11-29 83 0 REPLY to Response to Motion re 78 MOTION to Sever Plaintiffs' Claims filed by C L E C O Corp. (aty,Regimbal, Martin) (Entered: 11/29/2010)
2010-12-03 84 0 SUR-REPLY to Reply to Response to Motion re 78 MOTION to Sever Plaintiffs' Claims filed by All Plaintiffs. (Attachments: # 1 Exhibits, # 2 Exhibits, # 3 Exhibits, # 4 Exhibits, # 5 Exhibits, # 6 Exhibits, # 7 Exhibits, # 8 Exhibits, # 9 Exhibits, # 10 Exhibits, # 11 Exhibits, # 12 Exhibits)(aty,English, Larry) Modified on 12/3/2010 to edit text (Smith, C). (Entered: 12/03/2010)
2010-12-03 85 0 SUR-REPLY to Response to Motion re 36 MOTION for Summary Judgment as to the Claims of Vanda Willis, 35 MOTION for Summary Judgment as to the Claims of Gregory Willis, 41 MOTION for Summary Judgment as to the Claims of Plaintiffs Debra Chenevert, Eddie Culbert, Ronald Smith, Sr., Roy Hudson, Isaac Jordan, Caldwell Burgess, and Stafford Williams Sur-Reply to Defendant's Reply Motion To Plaintiffs Memorandum In Opposition To Motion For Summary Judgment filed by All Plaintiffs. (Attachments: # 1 Exhibits, # 2 Exhibits, # 3 Exhibits, # 4 Exhibits, # 5 Exhibits, # 6 Exhibits, # 7 Exhibits, # 8 Exhibits, # 9 Exhibits, # 10 Exhibits, # 11 Exhibits, # 12 Exhibits, # 13 Exhibits)(aty,English, Larry) Modified text on 12/6/2010. (Kennedy, T) (Entered: 12/03/2010)
2010-12-07 86 0 MOTION for Leave to File Response to Plaintiffs' Sur-reply to Cleco's Motion for Summary Judgment with consent sought but not obtained by C L E C O Corp. Motions referred to Mark L Hornsby. (Attachments: # 1 Proposed Pleading Exhibit A - Cleco's Reponse to Plaintiffs' Sur-reply, # 2 Text of proposed order)(aty,Regimbal, Martin) (Entered: 12/07/2010)
2010-12-08 87 0 MEMORANDUM in Opposition re 86 MOTION for Leave to File Response to Plaintiffs' Sur-reply to Cleco's Motion for Summary Judgment with consent sought but not obtained filed by All Plaintiffs. (aty,English, Larry) (Entered: 12/08/2010)
2010-12-08 88 0 ORDER denying 86 Motion for Leave to File Response to Sur-reply. Signed by Judge Donald E Walter on 12/8/2010. (crt,Keifer, K) (Entered: 12/09/2010)
2011-01-20 89 0 MINUTE ENTRY: Judge Donald E. Walter must be disqualified from participating in this matter. This case is referred to Chief Judge Robert G. James for reassignment. (crt,Keifer, K) (Entered: 01/20/2011)
2011-01-25 90 0 MINUTE ENTRY REASSIGNING CASE: Case reassigned to Judge Elizabeth E Foote. Judge Donald E Walter no longer assigned to case. Issued by Tony R Moore, Clerk, on 1/25/2011. (crt,Williams, L) (Entered: 01/25/2011)
2011-01-27 91 0 ORDER OF RECUSAL. Referred to Chief Judge for reassignment. Signed by Judge Elizabeth E Foote on 1/26/11. (crt,Smith, C) (Entered: 01/27/2011)
2011-02-08 92 0 MINUTE ENTRY REASSIGNING CASE. Case reassigned to Judge Tom Stagg. Judge Elizabeth E Foote no longer assigned to case. Issued by Tony R Moore, Clerk, on 2/8/2011. (crt,Williams, L) (Entered: 02/08/2011)
2011-02-17 93 0 MOTION to Amend/Correct 42 Order on Motion for Protective Order with opposition by C L E C O Corp. Motions referred to Mark L Hornsby. (Attachments: # 1 Text of proposed order, # 2 Memorandum / Brief, # 3 Affidavit)(aty,Kalmbach, John) (Entered: 02/17/2011)
2011-02-17 94 0 SEALED MOTION of Declaration of Julia Callis by C L E C O Corp. Motions referred to Mark L Hornsby. (Attachments: # 1 Text of proposed order, # 2 Proposed Declaration)(aty,Kalmbach, John) (Entered: 02/17/2011)
2011-02-17 95 0 ELECTRONIC ORDER on Defendant's 93 Motion to Amend Protective Order and 94 Motion to File Declaration of Julia Callis Under Seal. The motion to file the declaration under seal is granted. Any opposition to the Motion to Amend Protective Order shall be filed by Feb. 23. Any reply shall be filed by Feb. 25. Counsel are directed to promptly provide a courtesy copy of their filings to chambers. (jud,Hornsby, Mark) (Entered: 02/17/2011)
2011-02-17 96 0 SEALED DOCUMENT: entitled Declaration of Julia Callis by C L E C O Corp re 93 MOTION to Amend/Correct 42 Protective Order. (crt,Smith, C) (Entered: 02/17/2011)
2011-02-23 97 0 MEMORANDUM in Opposition re 94 SEALED MOTION of Declaration of Julia Callis, 93 MOTION to Amend/Correct 42 Order on Motion for Protective Order with opposition filed by All Plaintiffs. (Attachments: # 1 Exhibits Affidavit of NAACP, # 2 Affidavit Affidavit of Greg Aymond Esq., # 3 Exhibits EEOC Finding, # 4 Exhibits Michael Madison Deposition, # 5 Exhibits City of Alex. v. Cleco, # 6 Exhibits Cleco Editorial, # 7 Exhibits News Article Feb. 23 2011, # 8 Exhibits News Article)(aty,Van-Lare, Albert) (Entered: 02/23/2011)
2011-02-25 98 0 REPLY to Response to Motion re 93 MOTION to Amend/Correct 42 Order on Motion for Protective Order with opposition filed by C L E C O Corp. (Attachments: # 1 Affidavit)(aty,Kalmbach, John) Modified on 2/28/2011 to edit text (Smith, C). (Entered: 02/25/2011)
2011-02-28 99 0 MOTION for Leave to File Supplemental Brief in Support of Its Motion to Amend the Court's September 19, 2010 Protective Order with opposition by C L E C O Corp. Motions referred to Mark L Hornsby. (Attachments: # 1 Text of proposed order, # 2 Proposed Pleading, # 3 Proposed Affidavit)(aty,Kalmbach, John) Modified on 2/28/2011 to edit text (Smith, C). (Entered: 02/28/2011)
2011-03-01 100 0 ORDER granting 99 Motion for Leave to File Supplemental Brief. Signed by Magistrate Judge Mark L Hornsby on 3/01/2011. (crt,Putch, A) (Entered: 03/02/2011)
2011-03-01 101 0 SUPPLEMENTAL BRIEF in Support re 93 MOTION to Amend/Correct 42 Order on Motion for Protective Order with opposition filed by C L E C O Corp. (Attachments: # 1 Affidavit)(crt,Putch, A) (Entered: 03/02/2011)
2011-03-03 102 0 MEMORANDUM ORDER denying 93 Motion to Amend/Correct: Defendant has not shown good cause to amend or expand the existing protective order to cover all discovery depositions or to provide a blanket prohibition on the dissemination of future discovery depositions. The court will, however, exercise its broad discretion, sua sponte, to prohibit any future video depositions in this case, absent a prior court order. Signed by Magistrate Judge Mark Hornsby on 3/3/11. (crt,Cassanova, M) (Entered: 03/03/2011)
2011-04-12 103 0 JOINT/VOLUNTARY MOTION to Dismiss by C L E C O Corp, Kelsow Williams, Jr. Motions referred to Mark L Hornsby. (Attachments: # 1 Proposed Order)(aty,Hollis, Charles) (Entered: 04/12/2011)
2011-04-14 104 0 ORDER granting 103 Joint/Voluntary Motion to Dismiss. IT IS ORDERED that the claims of Kelsow Williams, Jr. against the Defendant, Cleco Corp be dismissed with prejudice, each party to bear its own costs. The remaining Plaintiffs reserve all their rights against Cleco Corp in this matter. Signed by Magistrate Judge Mark L Hornsby on 4/13/2011. (crt,Dauterive, C) (Entered: 04/14/2011)
2011-09-22 105 0 MEMORANDUM RULING re 35 MOTION for Summary Judgment as to the Claims of Gregory Willis filed by C L E C O Corp and 36 MOTION for Summary Judgment as to the Claims of Vanda Willis filed by C L E C O Corp. Signed by Judge Tom Stagg on 9/21/2011. (crt,Keifer, K) (Entered: 09/22/2011) 2011-10-14 19:49:05 7ff4d8ee3cda57beb42e5d4e0a9777f9346bef68
2011-09-22 106 0 ORDER granting in part and denying in part 35 Motion for Summary Judgment and 36 Motion for Summary Judgment. IT IS ORDERED that the motion for summary judgment (Record Document 35) is granted as to Gregory Willis' discrimination claims based on his termination, bonus, diversity conferences, summary reports, written disciplinary warning, and work improvement plan. The motion is further granted as to Mr. Willis' retaliation claims based on his termination, bonus, diversity conferences and summary reports. Accordingly, these claims are dismissed with prejudice. The motion is denied as to his retaliation claims based on the written disciplinary warning and the work improvement plan. FURTHER ORDERED that the motion for summary judgment (Record Document 36) is granted as to Vanda Willlis' discrimination and retaliation claims based on her suspension. The motion is also granted with respect to her state law failure to promote claims and her section 1981 failure to promote claim arising from 2004. Accordingly these claims are dismissed with prejudice. The motion is further granted as to Mrs. Willis' Title VII claims, which are dismissed without prejudice. The motion is denied as to Mrs. Willis' section 1981 failure to promote claims arising from 2005 and 2007. FURTHER ORDERED that, to the extent Mr. and Mrs. Willis allege state law claims for intentional infliction of emotional distress, the motions for summary judgment are granted as to these claims and these claims are dismissed with prejudice. Signed by Judge Tom Stagg on 9/21/2011. (crt,Keifer, K) (Entered: 09/22/2011)
2011-09-22 107 0 MEMORANDUM RULING re 38 MOTION for Summary Judgment as to the Claims of Thomas Jones, Jr. filed by C L E C O Corp. Signed by Judge Tom Stagg on 9/21/2011. (crt,Keifer, K) (Additional attachment(s) added on 9/22/2011: # 1 Appendix 1) (Keifer, K). (Entered: 09/22/2011) 2011-10-14 19:49:15 7b9f6250518d62f92e8874777d0c8ca4dbe42de8
2011-09-22 108 0 ORDER granting in part and denying in part 38 Motion for Summary Judgment. IT IS ORDERED that the motion for summary judgment is granted as to Thomas Jones' claims for discrimination and retaliation based on the 2009 disciplinary letter. These claims are dimissed with prejudice. The motion is also granted with respect to Jones' Title VII claims, which are dismissed without prejudice. To the extent Jones alleged an intentional infliction of emotional distress claim, the motion is granted and this claim is dismissed with prejudice. FURTHER ORDERED that the motion is denied as to Jones' section 1981 claim based on failure to promote. Signed by Judge Tom Stagg on 09/21/2011. (crt,Keifer, K) (Entered: 09/22/2011)
2011-09-22 109 0 MEMORANDUM RULING re 39 MOTION for Summary Judgment as to the Claims of John Murchison filed by C L E C O Corp. Signed by Judge Tom Stagg on 9/21/2011. (crt,Keifer, K) (Entered: 09/22/2011) 2011-10-14 19:49:23 f20479b5841526229b3b68248273a38cd9bef837
2011-09-22 110 0 ORDER granting in part and denying in part 39 Motion for Summary Judgment. IT IS ORDERED that the motion is granted as to John Murchison's section 1981 failure to promote claims arising from 1984 through 2004 and from Community Franchise Director position in 2005. The motion is also granted with respect to Murchison's state law failure to promote claims arising between 1984 and 2005. The motion is further granted with regard to Murchison's federal and state law claims arising from the failure to promote him to General Manager in 2009. These claims are dismissed with prejudice. FURTHER ORDERED that the motion is granted as to Murchison's Title VII claims, which are dismissed without prejudice. To the extent Murchison alleges a claim for intentional infliction of emotional distress, CLECO's motion is granted and the claim is dismissed with prejudice. FURTHER ORDERED that the motion is denied with respect to Murchison's section 1981 claim arising from the failure to promote him to Manager of Customer and Community Services position in 2005. Signed by Judge Tom Stagg on 9/21/2011. (crt,Keifer, K) (Entered: 09/22/2011)
2011-09-22 111 0 MEMORANDUM RULING re 40 MOTION for Summary Judgment as to the Claims of Jennifer Hill filed by C L E C O Corp. Signed by Judge Tom Stagg on 9/21/2011. (crt,Keifer, K) (Entered: 09/22/2011) 2011-10-14 19:49:30 6b5e4693718199842b3065e53435afebf89b466d
2011-09-22 112 0 ORDER granting in part and denying in part 40 Motion for Summary Judgment. IT IS ORDERED that the motion is granted as to Jennifer Hill's federal and state law claims based on the failure to promote her in March and May of 2009 and her state law claim arising out of failure to promote her in 2008. These claims are dismissed with prejudice. The motion is also granted with respect to Hill's Title VII claims, which are dismissed without prejudice. To the extent Hill alleged an intentional infliction of emotional distress claim, the motion is granted and this claim is dismissed with prejudice. FURTHER ORDERED that the motion is denied as to Hill's section 1981 claim based on the failure to promote her in 2008. Signed by Judge Tom Stagg on 9/21/2011. (crt,Keifer, K) (Entered: 09/22/2011)
2011-09-22 113 0 MEMORANDUM RULING re 41 MOTION for Summary Judgment as to the Claims of Plaintiffs Debra Chenevert, Eddie Culbert, Ronald Smith, Sr., Roy Hudson, Isaac Jordan, Caldwell Burgess, and Stafford Williams filed by C L E C O Corp. Signed by Judge Tom Stagg on 9/21/2011. (crt,Keifer, K) (Entered: 09/22/2011) 2011-10-14 19:49:36 f2a447ecebcd8f0f0ca88db1734dcfe085118e50
2011-09-22 114 0 ORDER granting in part and denying in part 41 Motion for Summary Judgment. IT IS ORDERED that the motion is granted as to plaintiffs Eddie Culbert, Ronald Smith Sr., Roy Hudson, Isaac Jordan, Caldwell Burgess, Stafford Williams and Debra Chenevert's state law claims, Williams' section 1981 failure to hire claim, and Hudson's race discrimination claim based on the failure to select him for the rescue team. The motion is also granted as to the plaintiffs alleged state law claims of intentional infliction of emotional distress, which are dismissed with prejudice. The motion is further granted with respect to the plaintiffs' Title VII and ADEA claims, which are dismissed without prejudice. FURTHER ORDERED that the motion is denied with regard to the plaintiffs' hostile work environment, retaliation, wrongful termination, and failure to promote claims under section 1981. Signed by Judge Tom Stagg on 9/21/2011. (crt,Keifer, K) (Entered: 09/22/2011)
2011-09-22 115 0 MEMORANDUM ORDER granting 78 Motion to Sever. Pleadings filed prior to this severance need not be refiled in any individual case. However, all future filings must be made in the appropriate individual civil action. No later than 10/14/2011, the parties are ordered to file a Joint Status Report in each of the individual Plaintiff's cases outlining: (1) the remaining claims of that Plaintiff; and (2) the depositions and other discovery that must be completed before that case will be ready for trial. Signed by Magistrate Judge Mark L Hornsby on 9/22/2011. (crt,Keifer, K) (Entered: 09/22/2011) 2011-10-14 19:49:44 87e82ba3168c6026ad4d6571ea7b87d5d6c23c31
2011-09-29 116 0 ELECTRONIC MINUTE ENTRY: A status conference is set for 10/18/2011 at 2:30 PM in Chambers before Magistrate Judge Mark L. Hornsby. By making prior arrangements with the court, out-of-town counsel may participate by telephone. The use of cell phones is prohibited. The parties should allow one hour for the conference. Signed by Magistrate Judge Mark L. Hornsby on 9/29/2011. (crt,Guin, P) (Entered: 09/29/2011)
2011-10-14 117 0 STATUS REPORT by C L E C O Corp, Eddie Culbert. (aty,Regimbal, Martin) Modified filers on 10/17/2011. (Kennedy, T) (Entered: 10/14/2011)
2011-10-18 118 0 MINUTES of STATUS CONFERENCE held on 10/18/2011 before Magistrate Judge Mark L Hornsby: Discovery deadline 2/10/2012. Dispositive Motions due by 3/9/2012. See minutes for further instructions. Further scheduling is deferred pending resolution of any additional dispositive motions. (Signed by Magistrate Judge Mark L. Hornsby) (crt,Delgado, S) (Entered: 10/21/2011)