Boyte v. Shulkin

Federal Civil Lawsuit Tennessee Middle District Court, Case No. 3:16-cv-02799
District Judge Eli J. Richardson, presiding
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District Judge Eli J. Richardson
Last Updated July 29, 2025 at 5:48 PM EDT (1 year ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [7F47536], Plaintiff

Represented by Nashville Legal Justice

Name Phone Fax E-Mail
Space Melissa A. Baker melissa@nashvillelegaljustice.com

Represented by Parker & Associates

Name Phone Fax E-Mail
Space R. Patrick Parker +1 615 724 5291 +1 615 590 4211 pparker@pparkerlaw.com
No Logo Barbara Boyte, Plaintiff

Represented by Nashville Vanguard Law PLLC

Name Phone Fax E-Mail
134 Caudill Drive
Hendersonville, TN 37075 Melissa A. Morris +1 615 502 2386 +1 270 974 4674 melissa.morris@nashvillevanguardlaw.com

Represented by Parker & Associates

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED R. Patrick Parker +1 615 724 5291 +1 615 590 4211 pparker@pparkerlaw.com
v.
No Logo David Shulkin, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Mercedes C. Maynor-Faulcon +1 615 736 5151 mercedes.maynor-faulcon@usdoj.gov
No Logo Robert A. McDonald, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Secretaryof the Department of Veteran's Affairs Mercedes C. Maynor-Faulcon +1 615 736 5151 mercedes.maynor-faulcon@usdoj.gov
Attributes
Citation Section 28 U.S.C. § 1391
Nature of Suit 440 - Civil Rights: Other
Jurisdiction Federal Question
Case Status closed
Jury Demand Plaintiff
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 79 Filed: 11/17/2018, Entered: None Extension of Time to File Answer
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Legal Document (Payment Possibly Required) 56 Filed: 2/14/2018, Entered: None Unknown Document TypeCourt Filing
MEMORANDUM signed by District Judge Aleta A. Trauger on 2/14/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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Legal Document (Payment Possibly Required) 28 Filed: 6/28/2017, Entered: None Unknown Document TypeCourt Filing
ORDER: Within 7 DAYS of the date this Order is docketed, the defendant shall file his concise Statement of Material Facts as to which he contends there is no genuine issue for trial, in accordance with Local Rule 56.01(b). The plaintiff shall have 7 DAYS from the date of the defendant's submission to file her Response to the Statement of Material Facts and, if applicable, her statement of additional disputed facts, in accordance with Local Rule 56.01(c). If the plaintiff's Response includes additional facts, the defendant shall thereafter have another 7 DAYS within which to file his Response to those facts. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 6/28/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) (Entered: 06/29/2017)
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Legal Document (Payment Possibly Required)  Filed: 8/16/2017, Entered: None Unknown Document Type
Minute Entry for proceedings held before District Judge Aleta A. Trauger: Case Management Conference held on 8/16/2017. Joint mediation report due 8/25/18. Plaintiff to file a revised proposed case management order. (kb)
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Legal Document (Payment Possibly Required)  Filed: 6/19/2017, Entered: None Unknown Document Type
***DISREGUARD*** Note to Filer re DE# 27 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include the certificate of service. Please FILE a conformed Certificate of Service for this document. (gb) Modified text on 6/19/2017 (gb).
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Legal Document (Payment Possibly Required)  Filed: 12/21/2016, Entered: None Unknown Document Type
State Bar status verified as active for Mercedes C. Maynor-Faulcon. (jw)
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Legal Document (Payment Possibly Required)  Filed: 10/26/2016, Entered: None Unknown Document Type
Bar status for attorney R. Patrick Parker of TN verified as active this date. (dt)
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Legal Document (Payment Possibly Required) 97 Filed: 3/21/2019, Entered: 3/21/2019 Court Filing
ORDER denying 91 Motion for Reconsideration; denying 92 Motion for Extension of Time to File Response/Reply. Signed by District Judge Eli J. Richardson on 3/21/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (gb)
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Legal Document (Payment Possibly Required) 96 Filed: 3/12/2019, Entered: 3/12/2019 Court Filing
ORDER granting 94 Motion for Leave to File Document Under Seal. From the face of the sealed filing, it is clear that the legitimate interest in favor of sealing outweigh the interest in the public accessing the document. The Clerk is directed to file Doc. No. 95 under seal. Signed by District Judge Eli J. Richardson on 3/11/19. (gb)
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Sealed Legal Document 95 Filed: 3/8/2019, Entered: 3/8/2019
Sealed Document Ex parte Reasons for Extension of Time filed by 7F47536. (Morris, Melissa)
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Legal Document (Payment Possibly Required) 94 Filed: 3/8/2019, Entered: 3/8/2019
MOTION for Leave to File Document Under Seal Reasons for Extension of Time to file response to MSJ by 7F47536. (Morris, Melissa)
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Legal Document (Payment Possibly Required) 93 Filed: 3/7/2019, Entered: 3/7/2019
RESPONSE in Opposition re 67 MOTION for Summary Judgment filed by 7F47536. (Attachments: # 1 Attachment Memorandum of Law in Support of Opposition, # 2 Attachment Plaintiff's Responses to Def RFA)(Morris, Melissa)
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Legal Document (Payment Possibly Required) 92 Filed: 3/7/2019, Entered: 3/7/2019
Second MOTION for Extension of Time to File Response/Reply Motion for Summary Judgment by 7F47536. (Morris, Melissa)
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Legal Document (Payment Possibly Required) 91 Filed: 3/7/2019, Entered: 3/7/2019
First MOTION for Reconsideration re 89 Order on Motion for Summary Judgment, by 7F47536. (Morris, Melissa)
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Legal Document (Payment Possibly Required) 90 Filed: 2/13/2019, Entered: 2/13/2019
ENTRY OF JUDGMENT re: 89 Order granting Motion for Summary Judgment. (gb)
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Legal Document (Payment Possibly Required) 89 Filed: 2/13/2019, Entered: 2/13/2019 Court Filing
ORDER: Pending before the Court is Defendant's Motion for Summary Judgment ( 67 ), to which no response has been filed. For the reasons stated in the accompanying Memorandum, Defendant's Motion for Summary Judgment is GRANTED, this action is DISMISSED, and the Clerk is directed to close the file. The pretrial conference set for July 19, 2019, and the jury trial set for July 30, 2019, are canceled. Signed by District Judge Eli J. Richardson on 2/13/19. (gb)
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Legal Document (Payment Possibly Required) 88 Filed: 2/13/2019, Entered: 2/13/2019 Court Filing
MEMORANDUM OPINION OF THE COURT. Signed by District Judge Eli J. Richardson on 2/13/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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Legal Document (Payment Possibly Required) 87 Filed: 12/12/2018, Entered: 12/12/2018 Court Filing
ORDER: Jury Trial set for 7/30/2019 09:00 AM in Courtroom 874 before District Judge Eli J. Richardson. Pretrial Conference set for 7/19/2019 09:00 AM in Courtroom 874 before District Judge Eli J. Richardson. Exhibit List due by 7/12/2019. Witness List due by 7/12/2019. Proposed Pretrial Order due by 7/12/2019. Signed by District Judge Eli J. Richardson on 12/12/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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Legal Document (Payment Possibly Required) 86 Filed: 12/4/2018, Entered: 12/4/2018 Court Filing
ORDER: This Court's Local Rule 15.01(a) requires that any motion to amend a pleading include the signed proposed amended pleading as an exhibit to the motion and state that counsel for the moving party has conferred with opposing counsel, indicating whether the motion is opposed. Plaintiff's motion meets neither requirement. It is therefore DENIED WITHOUT PREJUDICE to the filing of a motion that complies with the rule. Plaintiff's alternative request for injunctive relief, which requires resolution of a legal issue, is not supported by authority or a memorandum of law, as Local Rule 7.01(a)(2) requires. It is therefore also DENIED WITHOUT PREJUDICE. Signed by Magistrate Judge Alistair Newbern on 12/4/18. (gb)
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Legal Document (Payment Possibly Required) 85 Filed: 12/3/2018, Entered: 12/3/2018 Court Filing
ORDER: Plaintiff's Motion for an Extension of Time ( 83 ) is DENIED. Plaintiff has provided no explanation or "good cause" for the extension. In granting Plaintiff's prior (tardy) motion an extension of time until November 30, 2018, the Court warned of the need for consequences for failures to meet deadlines. Declining to heed the warning, Plaintiff failed to meet the extended deadline, and moved to extend the extended deadline only on the very last day, apparently without so much as even speaking with defense counsel about the matter. The Court must insist on more from counsel, lest counsel lose all incentive to comply with applicable deadlines. Therefore, the Court will consider Defendant's Motion for Summary Judgment as unopposed. Plaintiff's Motion for Leave to Amend or for Case Management Conference ( 84 ) is referred to the Magistrate Judge for consideration and decision. Signed by District Judge Eli J. Richardson on 12/3/18. (gb)
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Legal Document (Payment Possibly Required) 84 Filed: 11/30/2018, Entered: 11/30/2018
Second MOTION for Leave to amend complaint or alternatively for Case Management Conference re 80 Order on Motion for Extension of Time to Answer, 83 Second MOTION for Extension of Time to File Response/Reply, after Defendant terminated Plaintiff by 7F47536. (Morris, Melissa)
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Legal Document (Payment Possibly Required) 83 Filed: 11/30/2018, Entered: 11/30/2018
Second MOTION for Extension of Time to File Response/Reply as to 75 Order, 67 MOTION for Summary Judgment, 80 Order on Motion for Extension of Time to Answer by 7F47536. (Morris, Melissa)
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Legal Document (Payment Possibly Required) 82 Filed: 11/29/2018, Entered: 11/29/2018
AFFIDAVIT re 78 Order, Mercedes C. Maynor-Faulcon, Assistant United States Attorney by David Shulkin. (Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 81 Filed: 11/20/2018, Entered: 11/20/2018
RESPONSE in Opposition re 79 First MOTION for Extension of Time to File Answer re 75 Order, 77 Order, 67 MOTION for Summary Judgment filed by David Shulkin. (Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 80 Filed: 11/19/2018, Entered: 11/19/2018 Court Filing
ORDER granting 79 Motion for Extension of Time to Respond to Defendant's Motion for Summary Judgment ( 67 ). Plaintiff shall have until November 30, 2018, to file her Response. Signed by District Judge Eli J. Richardson on 11/19/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) Modified text on 11/20/2018 (gb).
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Legal Document (Payment Possibly Required) 79 Filed: 11/16/2018, Entered: 11/16/2018
First MOTION for Extension of Time to File Answer re 75 Order, 77 Order, 67 MOTION for Summary Judgment by 7F47536. (Morris, Melissa)
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Legal Document (Payment Possibly Required) 78 Filed: 11/16/2018, Entered: 11/16/2018 Court Filing
ORDER: Wilkie's counsel is therefore directed to file an affidavit within fourteen days of the date of this order verifying the amount of expenses, including attorney's fees, incurred by Wilkie in bringing the motion to compel. 7F47536 shall file any objection to the amount requested within seven days of service of the affidavit. Signed by Magistrate Judge Alistair Newbern on 11/16/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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Legal Document (Payment Possibly Required) 77 Filed: 11/9/2018, Entered: 11/9/2018 Court Filing
ORDER: Pending before the Court is Defendant's Motion for Summary Judgment (Doc. No. 67 ), to which Plaintiff has failed to file a timely response. See Order (Doc. No. 75 ) and Local Rule 56.01(a). Plaintiff shall file a Response to the Motion for Summary Judgment and accompanying Statement of Undisputed Facts by November 16, 2018, or the Motion will be deemed unopposed (Local Rule 7.01(a)(3)), and the Statement of Undisputed Facts will be deemed undisputed for purposes of summary judgment. Local Rule 56.01(f). Signed by District Judge Eli J. Richardson on 11/9/2018. (mg)
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Legal Document (Payment Possibly Required) 76 Filed: 10/22/2018, Entered: 10/22/2018 Court Filing
ORDER: Pursuant to Administrative Order No. 138, it is hereby ORDERED that this case is TRANSFERRED to Judge Eli Richardson for all purposes. All present deadlines and court dates shall remain in place, subject to modification by Judge Richardson or the magistrate judge. Signed by District Judge William L. Campbell, Jr on 10/22/18. (gb)
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Legal Document (Payment Possibly Required) 75 Filed: 10/16/2018, Entered: 10/16/2018 Court Filing
ORDER: On October 15, 2018, Defendant filed a motion for summary judgment. ( 67 ) Pursuant to the case management order ( 42 ), any response is to be filed within 20 days after filing of the motion. Any optional reply shall be filed within 10 days after filing of the response. Signed by Magistrate Judge Alistair Newbern on 10/16/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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Legal Document (Payment Possibly Required) 74 Filed: 10/16/2018, Entered: 10/16/2018
MEMORANDUM in Support of 67 MOTION for Summary Judgment filed by David Shulkin. (Attachments: # 1 Exhibit Def's 1st Set of RFA (03.29.2018))(gb)
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Legal Document (Payment Possibly Required) 73 Filed: 10/16/2018, Entered: 10/16/2018 Court Filing
ORDER granting 68 Motion for Leave to File Memorandum of Law Exceeding Page Limitation. Signed by District Judge William L. Campbell, Jr on 10/16/18. (gb)
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Legal Document (Payment Possibly Required) 72 Filed: 10/15/2018, Entered: 10/15/2018
STATEMENT of facts filed by David Shulkin in support of 69 Declaration, 70 Declaration, 67 Motion for Summary Judgment, 71 Declaration, 68 Motion for Leave. (Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 71 Filed: 10/15/2018, Entered: 10/15/2018
DECLARATION of Lester Stephens filed by David Shulkin re: 67 MOTION for Summary Judgment, 68 MOTION for Leave to File Memorandum of Law Exceeding Page Limitation re 67 MOTION for Summary Judgment. (Attachments: # 1 Exhibit A - Official Agency Record for EEO Training)(Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 70 Filed: 10/15/2018, Entered: 10/15/2018
DECLARATION of Dr. Phyllis J. Lawrence, DNP filed by David Shulkin re: 67 MOTION for Summary Judgment, 68 MOTION for Leave to File Memorandum of Law Exceeding Page Limitation re 67 MOTION for Summary Judgment. (Attachments: # 1 Exhibit A - Plaintiff's Training Records)(Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 69 Filed: 10/15/2018, Entered: 10/15/2018
DECLARATION of Kawauna Hubanks filed by David Shulkin re: 67 MOTION for Summary Judgment, 68 MOTION for Leave to File Memorandum of Law Exceeding Page Limitation re 67 MOTION for Summary Judgment. (Attachments: # 1 Exhibit A - Ltr from Dr. Schwaber dated June 24, 2013, # 2 Exhibit B - July 8, 2015 emails between Hubanks and TVH_HRM_Team A., # 3 Exhibit C - Memorandum from K. Hubanks to 7F47536 dt'd August 20, 2015, # 4 Exhibit D - August 21, 2015 emails between Hubanks and TVH-HRM-Team A, # 5 Exhibit E - Functional Statements provided by Hubanks to 7F47536 as of September 2 2015, # 6 Exhibit F - Email communications between Hubanks and 7F47536 during interactive process)(Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 68 Filed: 10/15/2018, Entered: 10/15/2018
MOTION for Leave to File Memorandum of Law Exceeding Page Limitation re 67 MOTION for Summary Judgment by David Shulkin. (Attachments: # 1 Attachment Defendant's Memorandum of Law, # 2 Exhibit Def's 1st Set of RFA (03.29.2018)(Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 67 Filed: 10/15/2018, Entered: 10/15/2018
MOTION for Summary Judgment by David Shulkin. (Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 66 Filed: 10/4/2018, Entered: 10/4/2018 Court Filing
ORDER granting in part and denying in part 61 Motion to Compel. 7F47536 is ORDERED to respond to Wilkie's first set of requests for production of documents and provide an executed verification for her responses to Wilkie's first set of interrogatories by October 18, 2018. She is also ORDERED TO SHOW CAUSE by October 18, 2018, why she should not be required to pay the attorney's fees Wilkie incurred in filing the motion to compel and why this action should not be dismissed for her failure to prosecute or for failure to comply with the Courts case management order. Signed by Magistrate Judge Alistair Newbern on 10/4/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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Legal Document (Payment Possibly Required) 65 Filed: 9/20/2018, Entered: 9/20/2018
NOTICE by David Shulkin re 63 Certificate, 62 Memorandum in Support, 61 MOTION to Compel Notice of Plaintiff's Failure to Timely Respond to Defendant's Motion to Compel. (Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 64 Filed: 8/24/2018, Entered: 8/24/2018
Report of Parties Regarding Mediation Efforts by David Shulkin (Attachments: # 1 Exhibit A - Ltr to Pl's Counsel dt'd August 22, 2018)(Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 63 Filed: 8/21/2018, Entered: 8/21/2018
CERTIFICATE of Good Faith filed by David Shulkin re 62 Memorandum in Support, filed by David Shulkin, 61 MOTION to Compel filed by David Shulkin. (Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 62 Filed: 8/21/2018, Entered: 8/21/2018
MEMORANDUM in Support of 61 MOTION to Compel filed by David Shulkin. (Attachments: # 1 Exhibit A - Ltrs to Morris, March 29, 2018, # 2 Exhibit B - Ltr to Morris, April 20, 201, # 3 Exhibit C - Ltr from Morris, April 20, 2018, # 4 Exhibit D - Ltr to Morris, April 25, 2018, # 5 Exhibit E - Ltr from Morris, June 18, 2018., # 6 Exhibit F - Ltr to Morris, July 24, 2018, # 7 Exhibit G - Ltr to Morris, July 24, 2018, # 8 Exhibit H - Ltr to Morris, July 24, 2018, # 9 Exhibit I - Ltrs to Morris, August 14, 2018, # 10 Exhibit J - Ltr from Morris, August 17, 2018, # 11 Exhibit K- Ltr to Morris, August 20, 2018)(Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 61 Filed: 8/21/2018, Entered: 8/21/2018
MOTION to Compel by David Shulkin. (Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 60 Filed: 3/21/2018, Entered: 3/22/2018 Court Filing
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. All existing case management dates, deadlines, and trial settings remain in effect. Signed by District Judge William L. Campbell, Jr on 3/21/18. (gb)
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Legal Document (Payment Possibly Required) 58 Filed: 3/16/2018, Entered: 3/16/2018
ANSWER to 43 Amended Complaint by David Shulkin.(Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 59 Filed: 3/15/2018, Entered: 3/19/2018 Court Filing
ORDER: Pursuant to Administrative Order No. 138, it is hereby ORDERED that this case is TRANSFERRED to Judge William L. Campbell, Jr. for all purposes. All present deadlines shall remain in place, subject to modification by Judge Campbell or the magistrate judge. The trial and pretrial conference shall remain set on the present dates, subject to modification by Judge Campbell. Signed by District Judge Aleta A. Trauger on 3/15/18. (gb)
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Legal Document (Payment Possibly Required) 57 Filed: 2/14/2018, Entered: 2/15/2018 Court Filing
ORDER: For the reasons explained in the accompanying Memorandum, DVA's Motion to Dismiss 46 is hereby GRANTED in part. 7F47536 claims for hostile work environment under the ADA/RHA, violation of the Equal Pay Act, retaliation under Title VII, and due process under 42 U.S.C. § 1981 are hereby DISMISSED. Her remaining claims will go forward to trial. Signed by District Judge Aleta A. Trauger on 2/14/18. (gb)
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Legal Document (Payment Possibly Required) 56 Filed: 2/14/2018, Entered: 2/15/2018 Court Filing
MEMORANDUM signed by District Judge Aleta A. Trauger on 2/14/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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Legal Document (Payment Possibly Required) 55 Filed: 2/12/2018, Entered: 2/12/2018 Court Filing
PRIVACY PROTECTIVE ORDER. Signed by District Judge Aleta A. Trauger on 2/12/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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Legal Document (Payment Possibly Required) 54 Filed: 2/12/2018, Entered: 2/12/2018 Court Filing
ORDER granting 53 Motion for Protective Order. Signed by District Judge Aleta A. Trauger on 2/12/18. (gb)
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Legal Document (Payment Possibly Required) 53 Filed: 2/9/2018, Entered: 2/9/2018
Joint MOTION for Protective Order - PRIVACY by David Shulkin. (Attachments: # 1 Attachment - Proposed Order)(Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 52 Filed: 11/21/2017, Entered: 11/21/2017
REPLY filed by David Shulkin re 48 Motion for Extension of Time to File Response/Reply, filed by 7F47536, 49 Memorandum in Support,, filed by 7F47536. (Attachments: # 1 Attachment Unpublished Opinion - Lurensky v. Jonwellinghoff_2016 U.S. Dist. LEXIS 34239)(Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 51 Filed: 11/14/2017, Entered: 11/20/2017
RESPONSE in Opposition re 46 MOTION to Dismiss for Failure to State a Claim or in the Alternative for Summary Judgment filed by 7F47536. (gb)
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Legal Document (Payment Possibly Required) 50 Filed: 11/14/2017, Entered: 11/14/2017 Court Filing
ORDER granting 48 Motion for Extension of Time to File Response re 46 MOTION to Dismiss for Failure to State a Claim or in the Alternative for Summary Judgment. Signed by District Judge Aleta A. Trauger on 11/14/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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Legal Document (Payment Possibly Required) 49 Filed: 11/14/2017, Entered: 11/14/2017
MEMORANDUM in Support of 51 RESPONSE in Opposition re 46 MOTION to Dismiss for Failure to State a Claim or in the Alternative for Summary Judgment Memorandum in Support filed by 7F47536. (Attachments: # 1 Exhibit VA Handbook 5975.1 reasonable accommodations, # 2 Exhibit Exhibit B Lilly Ledbetter Act, # 3 Exhibit Exhibit C April 14 EEO letter of claims, # 4 Exhibit Exhibit D Conversion to File Clerk Personnel Action, # 5 Exhibit Exhibit E appointments under Title 38 for personnel actions, # 6 Exhibit Exhibit F MSA Article 13, # 7 Exhibit Exhibit G Aug 3 letter for EEO investigation, # 8 Exhibit Exhibit H October 13 Letter commence EEO investigation)(Morris, Melissa) Modified text on 11/20/2017 (gb).
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Legal Document (Payment Possibly Required) 48 Filed: 11/14/2017, Entered: 11/14/2017
First MOTION for Extension of Time to File Response/Reply as to 47 Memorandum in Support, 46 MOTION to Dismiss for Failure to State a Claim or in the Alternative for Summary Judgment by 7F47536. (Attachments: # 1 Attachment Plaintiff's Objection to Defendant's Motion to Dismiss or in the alternative summary judgment)(Morris, Melissa)
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Legal Document (Payment Possibly Required) 47 Filed: 10/16/2017, Entered: 10/16/2017
MEMORANDUM in Support of 46 MOTION to Dismiss for Failure to State a Claim or in the Alternative for Summary Judgment filed by David Shulkin . (Attachments: # 1 Attachment Guethlein v Potter 2011 US Dist Lexis 15815)(Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 46 Filed: 10/16/2017, Entered: 10/16/2017
MOTION to Dismiss for Failure to State a Claim or in the Alternative for Summary Judgment by David Shulkin. (Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 45 Filed: 10/2/2017, Entered: 10/2/2017 Court Filing
ORDER granting 44 Motion for Extension of Time to Answer; David Shulkin answer due 10/15/2017. Signed by District Judge Aleta A. Trauger on 10/2/17. (gb)
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Legal Document (Payment Possibly Required) 44 Filed: 9/29/2017, Entered: 9/29/2017
MOTION for Extension of Time to File Answer OR OTHER RESPONSIVE PLEADING by David Shulkin. (Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 43 Filed: 9/15/2017, Entered: 9/15/2017
AMENDED COMPLAINT against 7F47536, filed by 7F47536.(Morris, Melissa)
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Legal Document (Payment Possibly Required) 42 Filed: 8/30/2017, Entered: 8/30/2017 Court Filing
CASE MANAGEMENT ORDER: Discovery due by 8/28/2018. Dispositive Motions due by 10/15/2018. Signed by District Judge Aleta A. Trauger on 8/30/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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Legal Document (Payment Possibly Required) 41 Filed: 8/29/2017, Entered: 8/29/2017
PROPOSED CASE MANAGEMENT ORDER with modifications following case mgmt conference filed by 7F47536. (Morris, Melissa)
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Legal Document (Payment Possibly Required) 40 Filed: 8/16/2017, Entered: 8/16/2017 Court Filing
ORDER SETTING JURY TRIAL: Jury Trial set for 2/26/2019 09:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Witness List due by 2/19/2019. Pretrial Conference set for 2/22/2019 01:30 PM in Chambers 825 before District Judge Aleta A. Trauger. Signed by District Judge Aleta A. Trauger on 8/16/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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Legal Document (Payment Possibly Required) 39 Filed: 8/16/2017, Entered: 8/16/2017 Court Filing
ORDER: As a result of discussions held at the initial case management conference on August 16, 2017, it is hereby ORDERED that the Clerk shall term the pending Motion to Dismiss or in the Alternative for Summary Judgment filed by the defendant (Docket No. 9 ). Signed by District Judge Aleta A. Trauger on 8/16/17. (gb)
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Legal Document (Payment Possibly Required) 38 Filed: 8/14/2017, Entered: 8/14/2017
PROPOSED CASE MANAGEMENT ORDER Joint filed by 7F47536. (Morris, Melissa)
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Legal Document (Payment Possibly Required) 37 Filed: 8/11/2017, Entered: 8/11/2017 Court Filing
ORDER: Case Management Conference is RESET for 8/16/2017 at 02:00 PM in Chambers 825 before District Judge Aleta A. Trauger. Signed by District Judge Aleta A. Trauger on 8/11/17. (gb)
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Legal Document (Payment Possibly Required) 36 Filed: 8/9/2017, Entered: 8/9/2017 Court Filing
ORDER: It is hereby ORDERED that the initial case management conference scheduled for August 10, 2017 at 11:00 a.m. is RESET for the same day at 3:30 p.m. Signed by District Judge Aleta A. Trauger on 8/9/2017. (ds)
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Legal Document (Payment Possibly Required) 35 Filed: 7/19/2017, Entered: 7/19/2017 Court Filing
ORDER granting 34 MOTION to Reset the Initial Case Management Conference filed by David Shulkin. Initial Case Management Conference RESET for 8/10/2017 at 11:00 AM in Chambers 825 before District Judge Aleta A. Trauger. Signed by District Judge Aleta A. Trauger on 7/19/17. (gb)
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Legal Document (Payment Possibly Required) 34 Filed: 7/18/2017, Entered: 7/18/2017
MOTION to Reset the Initial Case Management Conference re 33 Order, Set Hearings, Terminate Motions by David Shulkin. (Maynor-Faulcon, Mercedes) Modified text on 7/19/2017 (gb).
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Legal Document (Payment Possibly Required) 33 Filed: 7/17/2017, Entered: 7/17/2017 Court Filing
ORDER: The Plaintiff's Motion for Setting Case Management Conference and for a Case Management Scheduling Order or Alternatively, Time for Discovery (Docket No. 30 ), to which the defendant has responded (Docket No. 32 ) is GRANTED IN PART. It is hereby ORDERED that the initial case management conference in this case shall be held on Friday, July 21, 2017 at 10:30 a.m. Signed by District Judge Aleta A. Trauger on 7/17/17. (gb)
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Legal Document (Payment Possibly Required) 32 Filed: 7/14/2017, Entered: 7/14/2017
RESPONSE in Opposition re 30 MOTION for Discovery Motion for Setting Case Management Conference and Case Management Schedule or Alternatively, Discovery FRCP 56(d) to respond to Alternative MSJ filed by David Shulkin. (Attachments: # 1 Attachment Unpublished Opinion - Poland v. CSC Applied Techs._ LLC_ 2010 U.S. Dist. LEXI, # 2 Attachment Unpublished Opinion - Webb v. United States_ 2009 U.S. Dist. LEXIS 84013)(Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 31 Filed: 7/10/2017, Entered: 7/10/2017 Court Filing
ORDER: The plaintiff is temporarily excused from filing a response to the Defendant's Statement of Undisputed Material Facts until the court has ruled upon the plaintiff's Motion for Setting Case Management Conference and for a Case Management Scheduling Order or Alternatively, Time for Discovery (Docket No. 30 ). The defendant shall respond to this motion by July 14, 2017. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 7/10/17. (gb)
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Legal Document (Payment Possibly Required) 30 Filed: 7/7/2017, Entered: 7/7/2017
MOTION for Discovery Motion for Setting Case Management Conference and Case Management Schedule or Alternatively, Discovery FRCP 56(d) to respond to Alternative MSJ by 7F47536. (Attachments: # 1 Attachment Declaration of 7F47536)(Morris, Melissa)
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Legal Document (Payment Possibly Required) 29 Filed: 7/5/2017, Entered: 7/5/2017
STATEMENT of facts filed by David Shulkin in support of 28 Order. (Maynor-Faulcon, Mercedes) Modified text on 7/6/2017 (gb).
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Legal Document (Payment Possibly Required) 28 Filed: 6/28/2017, Entered: 6/29/2017 Court Filing
ORDER: Within 7 DAYS of the date this Order is docketed, the defendant shall file his concise Statement of Material Facts as to which he contends there is no genuine issue for trial, in accordance with Local Rule 56.01(b). The plaintiff shall have 7 DAYS from the date of the defendant's submission to file her Response to the Statement of Material Facts and, if applicable, her statement of additional disputed facts, in accordance with Local Rule 56.01(c). If the plaintiff's Response includes additional facts, the defendant shall thereafter have another 7 DAYS within which to file his Response to those facts. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 6/28/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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Legal Document (Payment Possibly Required) 27 Filed: 6/16/2017, Entered: 6/16/2017
DECLARATION of Kawauna Hubanks filed by Robert A. McDonald re: 25 Reply. (Attachments: # 1 Exhibit 1 - TVHS Business Office Table of Organization, # 2 Exhibit 2 - SF52, to fill File Clerk 70132A position, # 3 Exhibit 3 - Excerpt from Guide to Processing Personnel Actions, # 4 Exhibit 4 - Excerpt from Position Management Database, # 5 Exhibit 5 - SF50 for 7F47536, effective date October 4, 2015, # 6 Exhibit 6 - Position Description for File Clerk, Position No. 70132-A)(Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 26 Filed: 6/16/2017, Entered: 6/16/2017
Additional Attachments to Main Document re: 25 Reply. (Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 25 Filed: 6/16/2017, Entered: 6/16/2017
REPLY filed by Robert A. McDonald re 24 Memorandum in Support, filed by 7F47536, 23 Response in Opposition to Motion filed by 7F47536. (Maynor-Faulcon, Mercedes) Modified text on 6/19/2017 (gb).
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Legal Document (Payment Possibly Required) 24 Filed: 6/6/2017, Entered: 6/6/2017
MEMORANDUM in Support of 9 MOTION to Dismiss or in the Alternative for Summary Judgment, 23 Response in Opposition to Motion, 10 Memorandum in Support,, filed by 7F47536 . (Attachments: # 1 Attachment Exhibit A VA Policy, # 2 Attachment Exhibit B Lilly Ledbetter Act, # 3 Attachment Exhibit C April 14 letter of claims, # 4 Attachment Exhibit D Guide to Processing Personnel Actions, # 5 Attachment Exhibit E Table 9 D, # 6 Attachment Exhibit F MSA Article 13, # 7 Attachment Exhibit G Aug 3 letter, # 8 Attachment Exhibit H October 13 Letter commence investigation, # 9 Attachment Exhibit I MSA Article 18)(Morris, Melissa)
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Legal Document (Payment Possibly Required) 23 Filed: 6/6/2017, Entered: 6/6/2017
RESPONSE in Opposition re 9 MOTION to Dismiss or in the Alternative for Summary Judgment filed by 7F47536. (Morris, Melissa)
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Legal Document (Payment Possibly Required) 22 Filed: 5/22/2017, Entered: 5/22/2017 Court Filing
ORDER: The plaintiff's Motion for Extension of Time to Respond to Motion to Dismiss 21 is GRANTED. It is hereby ORDERED that the plaintiff shall respond to the pending dispositive motion by June 5, 2017, and the defendant may file an optional reply by June 16, 2017. Signed by District Judge Aleta A. Trauger on 5/22/17. (dt)
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Legal Document (Payment Possibly Required) 21 Filed: 5/19/2017, Entered: 5/19/2017
MOTION for Extension of Time to File Response/Reply as to 17 Order on Motion to Withdraw as Attorney, Order on Motion to Continue,,,, for new counsel to respond by 7F47536. (Morris, Melissa)
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Legal Document (Payment Possibly Required) 20 Filed: 5/19/2017, Entered: 5/19/2017
NOTICE of Appearance by Melissa A. Morris on behalf of 7F47536 (Morris, Melissa)
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Legal Document (Payment Possibly Required) 19 Filed: 4/17/2017, Entered: 4/17/2017
GREEN CARD RETURNED Executed as to 17 Order. (jw)
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Legal Document (Payment Possibly Required) 18 Filed: 4/10/2017, Entered: 4/10/2017
CERTIFIED MAIL RECEIPT re 17 Order on Motion to Withdraw as Attorney, Order on Motion to Continue. (mg)
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Legal Document (Payment Possibly Required) 17 Filed: 4/10/2017, Entered: 4/10/2017 Court Filing
ORDER granting 15 Motion to Withdraw as Attorney (Attorney R. Patrick Parker terminated); granting 16 Motion to Continue. The plaintiff may have an extension until May 19, 2017 within which to respond to the pending Motion to Dismiss or in the Alternative for Summary Judgment (Docket No. 9), and the defendant may file a reply by June 2, 2017. Signed by District Judge Aleta A. Trauger on 4/10/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Legal Document (Payment Possibly Required) 16 Filed: 4/5/2017, Entered: 4/5/2017
MOTION to Continue Deadline for Response to Motion to Dismiss by 7F47536. (Parker, R.)
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Legal Document (Payment Possibly Required) 15 Filed: 3/27/2017, Entered: 3/27/2017
MOTION to Withdraw as Attorney (R. Patrick Parker) by 7F47536. (Attachments: # 1 Exhibit A - Letter to Ms. 7F47536 with Notice of Withdraw & Receiver Attorney, # 2 Exhibit B - Email from 7F47536 re_Requesting RPP to File Motion to Withdraw)(Parker, R.)
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Legal Document (Payment Possibly Required) 14 Filed: 3/1/2017, Entered: 3/1/2017
NOTICE by Robert A. McDonald re 10 Memorandum in Support, (Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 13 Filed: 3/1/2017, Entered: 3/1/2017 Court Filing
ORDER: Given the filing of a Motion to Dismiss or in the Alternative for Summary Judgment (Docket No. 9), it is hereby ORDERED that the initial case management conference scheduled for March 13, 2017 is CONTINUED, to be reset, if appropriate, following disposition of this motion. The plaintiff shall respond to this motion by March 28, 2017, and the defendant may file a reply by April 14, 2017. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 3/1/2017. (eh)
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Legal Document (Payment Possibly Required) 12 Filed: 2/28/2017, Entered: 2/28/2017
DECLARATION of Archie Evans filed by Robert A. McDonald re: 10 Memorandum in Support,, 9 MOTION to Dismiss or in the Alternative for Summary Judgment. (Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 11 Filed: 2/28/2017, Entered: 2/28/2017
DECLARATION of Diana Dilkes filed by Robert A. McDonald re: 9 MOTION to Dismiss or in the Alternative for Summary Judgment, 10 Memorandum in Support,,. (Attachments: # 1 Exhibit 1 - ORM Notice of AOR, # 2 Exhibit 2 - Excerpts from ROI, # 3 Exhibit 3 - ORM Req for FAD, # 4 Exhibit 4 - FAD, # 5 Exhibit 5 - KHubanks email with confirmation receipts, # 6 Exhibit 6 - DDilkes email BBoyte ORM chart, # 7 Exhibit 7 - SF 50 Notification of Personnel Action 7F47536, # 8 Exhibit 8 - OR signed and accepted under protest, # 9 Exhibit 9 - UPS Delivery Confirmed to Boyle sic)(Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 10 Filed: 2/28/2017, Entered: 2/28/2017
MEMORANDUM in Support of 9 MOTION to Dismiss or in the Alternative for Summary Judgment filed by Robert A. McDonald . (Attachments: # 1 Attachment 1 - Unpublished Decision - Erbel v. Johanns, # 2 Attachment 2 - Unpublished Decision - Harper v BP Exploration, # 3 Attachment 3 - Unpublished Decision - Hall v. Scotts Co, # 4 Attachment 4 - Unpublished Decision - Cockrill v. Metro Govt of Nashville, # 5 Attachment 5 - Unpublished Decision - Taylor v Donahoe)(Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 9 Filed: 2/28/2017, Entered: 2/28/2017
MOTION to Dismiss or in the Alternative for Summary Judgment by Robert A. McDonald. (Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 8 Filed: 1/4/2017, Entered: 1/4/2017 Court Filing
ORDER: The Joint Motion to Continue Initial Case Management Conference and for an Extension of Time to File an Answer or Other Responsive Pleading (Docket No. 7) is GRANTED. It is hereby ORDERED that the defendant shall have until February 28, 2017 to respond to the Complaint. It is further ORDERED that the initial case management conference is RESET for March 13, 2017 at 3:00 p.m. Signed by District Judge Aleta A. Trauger on 1/4/2017. (jw)
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Legal Document (Payment Possibly Required) 7 Filed: 1/3/2017, Entered: 1/3/2017
Joint MOTION to Continue Initial Case Management Conference and for an Extension of Time to File an Answer or Other Responsive Pleading by Robert A. McDonald. (Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 6 Filed: 1/3/2017, Entered: 1/3/2017
NOTICE of Change of Address by R. Patrick Parker (Parker, R.)
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Legal Document (Payment Possibly Required) 5 Filed: 12/20/2016, Entered: 12/20/2016
NOTICE of Appearance by Mercedes C. Maynor-Faulcon on behalf of Robert A. McDonald (Maynor-Faulcon, Mercedes)
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Legal Document (Payment Possibly Required) 4 Filed: 10/27/2016, Entered: 10/27/2016 Court Filing
NOTICE of Initial Case Management Conference set for 1/5/2017 at 2:00 PM before District Judge Aleta A. Trauger. (dt)
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Legal Document (Payment Possibly Required) 3 Filed: 10/26/2016, Entered: 10/26/2016
Summons Issued as to Robert A. McDonald, U.S. Attorney and U.S. Attorney General. (dt)
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Legal Document (Payment Possibly Required) 2 Filed: 10/26/2016, Entered: 10/26/2016 Court Filing
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt)
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Legal Document (Payment Possibly Required) 1 Filed: 10/25/2016, Entered: 10/26/2016
COMPLAINT against Robert A. McDonald (Filing fee $400, Receipt number 0650-2310712), filed by 7F47536. (Attachments: # 1 Attachment - Civil Cover Sheet)(dt)
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