Wakefield v. Sodexo USA

Federal Civil Lawsuit Oklahoma Western District Court, Case No. 5:17-cv-01006
District Judge David L. Russell, presiding
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District Judge David L. Russell
Last Updated July 29, 2025 at 1:09 PM EDT (5.6 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [33C13A9], Plaintiff

Represented by Riggs Abney Neal Turpen Orbison Lewis-OKC

Name Phone Fax E-Mail
Space Melvin C Hall mhall@riggsabney.com
Space Danny K Shadid dshadid@riggsabney.com
v.
No Logo Sodexo USA, Defendant

Represented by Fuller Tubb & Bickford, PLLC

Name Phone Fax E-Mail
Space Matthew S Panach panach@fullertubb.com
Space Tiffany J Wythe tiffany.wythe@oag.ok.gov

Represented by Fuller Tubb Bickford & Krahl PLLC

Name Phone Fax E-Mail
Space J Jeremy Tubb jeremy.tubb@fullertubb.com
Attributes
Nature of Suit 442 - Civil Rights: Employment
Cause Section 42 U.S.C. § 1981 Job Discrimination (Race)
Jurisdiction Federal Question
Case Status closed
Jury Demand Plaintiff
Anonymization By SCALES
Timeline
  Entries (54) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 51 Filed: 3/22/2019, Entered: 3/22/2019
STIPULATION of Dismissal Joint by 33C13A9. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 50 Filed: 3/8/2019, Entered: 3/8/2019
ADMINISTRATIVE CLOSING ORDER: This action is administratively terminated without prejudice to the rights of the parties to reopen for entry of any stipulation or order. If not reopened within 20 days to obtain final determination, action is deemed dismissed with prejudice. Signed by Honorable David L. Russell on 3/8/19. (jw)
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Legal Document (Payment Possibly Required) 49 Filed: 3/8/2019, Entered: 3/8/2019 Court Filing
ENTER ORDER ~ A settlement conference was held on Friday, March 8, 2019, before Magistrate Judge Bernard M. Jones. Lead trial counsel Melvin C. Hall and additional counsel Danny K. Shadid appeared on behalf of Plaintiff. Lead trial counsel J. Jeremy Tubb, Matthew S. Panach, and additional counselTiffany J. Wythe appeared on behalf of the Defendant. The case settled. Signed by Magistrate Judge Bernard M. Jones on 3/8/2019. (dwl)
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Legal Document (Payment Possibly Required) 48 Filed: 3/6/2019, Entered: 3/6/2019
Minute Entry; for proceedings held before Honorable David L. Russell: Docket Call held on 3/6/2019. Jury selection will be held Tuesday, March 12, 2019, at 9:30 a.m., jury trial to commence Monday, March 18, 2019, at 9:00 a.m (jw)
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Legal Document (Payment Possibly Required) 47 Filed: 3/4/2019, Entered: 3/4/2019
ORDER Approving Final Pretrial Report re 38 Final Pretrial Report. Signed by Honorable David L. Russell on 3/4/19. (jw)
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Legal Document (Payment Possibly Required) 46 Filed: 3/1/2019, Entered: 3/1/2019
TRIAL BRIEF by Plaintiff 33C13A9. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 45 Filed: 3/1/2019, Entered: 3/1/2019
Proposed Voir Dire by Plaintiff 33C13A9. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 44 Filed: 3/1/2019, Entered: 3/1/2019
Proposed Jury Instructions by Plaintiff 33C13A9. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 43 Filed: 3/1/2019, Entered: 3/1/2019
DESIGNATION OF DEPOSITION TESTIMONY by 33C13A9 . (Hall, Melvin)
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Legal Document (Payment Possibly Required) 42 Filed: 3/1/2019, Entered: 3/1/2019
MOTION in Limine by 33C13A9. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 41 Filed: 3/1/2019, Entered: 3/1/2019
MOTION in Limine by Sodexo USA. (Attachments: # 1 Exhibit 1 - Redacted version of Pltf's 2016 W-2 from Sodexo, 33C13A9 3862-3924, # 2 Exhibit 2 - Pages from Plaintiff's Deposition, # 3 Exhibit 3 - GlassDoor Screenshot produced by Plaintiff, 33C13A9 3485-3486)(Tubb, J)
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Legal Document (Payment Possibly Required) 40 Filed: 3/1/2019, Entered: 3/1/2019
Proposed Jury Instructions by Defendant Sodexo USA. (Tubb, J)
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Legal Document (Payment Possibly Required) 39 Filed: 3/1/2019, Entered: 3/1/2019
Proposed Voir Dire by Defendant Sodexo USA. (Tubb, J)
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Legal Document (Payment Possibly Required) 38 Filed: 3/1/2019, Entered: 3/1/2019
FINAL PRETRIAL REPORT. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 37 Filed: 3/1/2019, Entered: 3/1/2019
ENTRY of Appearance by Danny K Shadid on behalf of 33C13A9 (Shadid, Danny)
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Legal Document (Payment Possibly Required) 36 Filed: 2/5/2019, Entered: 2/5/2019
SURREPLY re 32 Reply to Response to Motion, filed by 33C13A9. (Attachments: # 1 Exhibit Failing Depo, # 2 Exhibit Declaration of 33C13A9, # 3 Exhibit Response to Interrogatories, # 4 Exhibit Response to Request for Admission, # 5 Exhibit Emails)(Hall, Melvin) (nv). Modified on 2/6/2019 to replace Exhibit 2 (nv).
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Legal Document (Payment Possibly Required) 35 Filed: 1/31/2019, Entered: 1/31/2019
ORDER granting 34 Motion for Leave to File Surreply. Plaintiffs Surreply is due five days from the date this Order is executed, and it shall not exceed ten pages. Signed by Honorable David L. Russell on 1/31/19. (jw)
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Legal Document (Payment Possibly Required) 34 Filed: 1/31/2019, Entered: 1/31/2019
MOTION for Leave to File Reply Surreply to Defendant's Reply Reply in Support of Motion for Summary Judgment by 33C13A9. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 33 Filed: 1/30/2019, Entered: 1/30/2019
ENTRY of Appearance by Matthew S Panach on behalf of Sodexo USA (Panach, Matthew)
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Legal Document (Payment Possibly Required) 32 Filed: 1/30/2019, Entered: 1/30/2019
REPLY to Response to Motion re 27 MOTION for Summary Judgment Combined with Brief in Support filed by Sodexo USA. (Attachments: # 1 Exhibit 1 - 33C13A9 deposition, # 2 Exhibit 2 - Lisa Failing deposition, # 3 Exhibit 3 - Kevin Benda deposition, # 4 Exhibit 4 - Chuck Thomas Declaration)(Tubb, J)
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Legal Document (Payment Possibly Required) 31 Filed: 1/23/2019, Entered: 1/23/2019
RESPONSE to Motion re 27 MOTION for Summary Judgment Combined with Brief in Support filed by 33C13A9. (Attachments: # 1 Exhibit 10-6-14 Written, # 2 Exhibit 2014 Review, # 3 Exhibit 3-2-15 Report, # 4 Exhibit 3-22-15 email, # 5 Exhibit 7-27-15 email, # 6 Exhibit 5-27-15 email, # 7 Exhibit 8-14-15 email, # 8 Exhibit chart, # 9 Exhibit 9-28-15 email, # 10 Exhibit 9-3-15 email, # 11 Exhibit 9-8-15 letter, # 12 Exhibit 9-21-15 email, # 13 Exhibit 9-21-15 email, # 14 Exhibit 9-24-15 Notice, # 15 Exhibit 9-28-15 email, # 16 Exhibit 10-2-15 email, # 17 Exhibit 9-30-15 email, # 18 Exhibit 10-2-15 email, # 19 Exhibit 10-16-15 email, # 20 Exhibit 10-16-15 email, # 21 Exhibit 10-16-15 email, # 22 Exhibit 10-16-15 email, # 23 Exhibit 10-21-15 email, # 24 Exhibit 10-21-15 Charge, # 25 Exhibit 2015 Review, # 26 Exhibit 11-4-15 email, # 27 Exhibit 12-14-15 email, # 28 Exhibit 12-16-15 email, # 29 Exhibit 1-11-16 email, # 30 Exhibit 1-12-16 email, # 31 Exhibit 2-11-16 email, # 32 Exhibit 1-13-16 email, # 33 Exhibit 1-19-16 written warning, # 34 Exhibit 2-4-16 email, # 35 Exhibit 2-5-16 email, # 36 Exhibit 2-10-16 Notice, # 37 Exhibit 2-12-16 email, # 38 Exhibit 2-12-16 email, # 39 Exhibit 2-11-16 email, # 40 Exhibit 2-17-16 Charge, # 41 Exhibit 2-18-16 email, # 42 Exhibit 2-19-16 email, # 43 Exhibit 2-19-16 Shift Report, # 44 Exhibit 2-22-16 Additional Comments, # 45 Exhibit 2-23-16 Termination, # 46 Exhibit Def's Resp to RFAs, # 47 Exhibit Benda Depo, # 48 Exhibit emails from schools)(Hall, Melvin)
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Legal Document (Payment Possibly Required) 30 Filed: 1/18/2019, Entered: 1/18/2019
ORDER denying 29 Motion for Extension of Time to File Response/Reply. Signed by Honorable David L. Russell on 1/18/19. (jw)
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Legal Document (Payment Possibly Required) 29 Filed: 1/18/2019, Entered: 1/18/2019
MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment Combined with Brief in Support by 33C13A9. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 28 Filed: 1/17/2019, Entered: 1/17/2019
DOCKET: Docket Call set for 3/6/2019 09:00 AM in Courtroom 302 before Honorable David L. Russell. Jury Trial set for 3/12/2019 09:00 AM in Courtroom 302 before Honorable David L. Russell. (jw) (Main Document 28 replaced on 1/17/2019) (jw).(corrected date 2018 to 2019)
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Legal Document (Payment Possibly Required) 27 Filed: 1/2/2019, Entered: 1/2/2019
MOTION for Summary Judgment Combined with Brief in Support by Sodexo USA. (Attachments: # 1 Exhibit 1 - Pl Dep Excerpts, # 2 Exhibit 2 - K Benda Affidavit, # 3 Exhibit 3 - Job Description, # 4 Exhibit 4 - 2013-03-11 Performance Improvement Plan, # 5 Exhibit 5 - FY 2013 Annual Review, # 6 Exhibit 6 - 2014-02-10 Counseling Ltr, # 7 Exhibit 7 - 2014-10-06 Constructive Counseling Notice, # 8 Exhibit 8 - FY 2014 Annual Review, # 9 Exhibit 9 - 2015-03-02 Client Visit Report, # 10 Exhibit 10 - 2015-09-16 Constructive Counseling Letter, # 11 Exhibit 11 - FY 2015 Annual Review, # 12 Exhibit 12 - 2016-01-19 Constructive Counseling Letter Written Warning, # 13 Exhibit 13 - Email correspondence and attached documentation SODEXO 1802-1818, # 14 Exhibit 14 - 2016-02-23 Termination Notice, # 15 Exhibit 15 - Email Correspondence - Your FY14 Performance Evaluation, # 16 Exhibit 16 - 2015-09-21 Ltr from Failing to 33C13A9, # 17 Exhibit 17 - Email Correspondence from 9-21-15 to 10-7-14, # 18 Exhibit 18 - 2015-10-21 EEOC Charge No 564-2015-1475 dated 10-21-15, # 19 Exhibit 19 - EEOC Dismissals and Notice of Rights, # 20 Exhibit 20 - 2017-09-18 Complaint)(Tubb, J)
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Legal Document (Payment Possibly Required) 26 Filed: 12/26/2018, Entered: 12/26/2018
Exhibit List by Defendant Sodexo USA. (Tubb, J)
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Legal Document (Payment Possibly Required) 25 Filed: 12/13/2018, Entered: 12/13/2018
Witness List by Defendant Sodexo USA. (Tubb, J)
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Legal Document (Payment Possibly Required) 24 Filed: 12/13/2018, Entered: 12/13/2018
OBJECTIONS re 13 Exhibit List filed by Sodexo USA. (Tubb, J)
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Legal Document (Payment Possibly Required) 23 Filed: 12/3/2018, Entered: 12/3/2018
NOTICE of Subpoena by Sodexo USA to Healthcare Services Group (Attachments: # 1 Exhibit 1 - Subpoena to Healthcare Services Group)(Wythe, Tiffany)
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Legal Document (Payment Possibly Required) 22 Filed: 12/3/2018, Entered: 12/3/2018
NOTICE of Subpoena by Sodexo USA to Grace Living Centers (Attachments: # 1 Exhibit 1 - Subpoena to Grace Living Centers)(Wythe, Tiffany)
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Legal Document (Payment Possibly Required) 21 Filed: 12/3/2018, Entered: 12/3/2018
NOTICE of Subpoena by Sodexo USA to Edmond Public Schools (Attachments: # 1 Exhibit 1 - Subpoena to Edmond Public Schools)(Wythe, Tiffany)
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Legal Document (Payment Possibly Required) 20 Filed: 12/3/2018, Entered: 12/3/2018
NOTICE of Subpoena by Sodexo USA to Aramark Corporation (Attachments: # 1 Exhibit 1 - Subpoena to Aramark Corporation)(Wythe, Tiffany)
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Legal Document (Payment Possibly Required) 19 Filed: 10/25/2018, Entered: 10/25/2018
ORDER granting 18 Motion for Protective Order. Signed by Honorable David L. Russell on 10/25/18. (jw)
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Legal Document (Payment Possibly Required) 18 Filed: 10/25/2018, Entered: 10/25/2018
JOINT MOTION for Protective Order by Sodexo USA. (Attachments: # 1 Exhibit 1 - Sodexo 33C13A9 Protective Order)(Tubb, J)
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Blank  Filed: 9/13/2018, Entered: 9/13/2018
Set/Reset Scheduling Order Deadlines: Discovery due by 2/1/2019. Motions due by 1/2/2019. Jury Trial set for 3/12/2019 09:00 AM in Courtroom 302 before Honorable David L. Russell. Pretrial Report due by 3/1/2019. (jw)
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Legal Document (Payment Possibly Required) 17 Filed: 9/13/2018, Entered: 9/13/2018
ORDER granting 16 Motion for Extension of Deadlines. Signed by Honorable David L. Russell on 9/14/18. (jw)
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Legal Document (Payment Possibly Required) 16 Filed: 9/12/2018, Entered: 9/12/2018
JOINT MOTION for Extension of Time "Joint Motion to Extend All Remaining Deadlines" by Sodexo USA. (Tubb, J)
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Blank  Filed: 7/13/2018, Entered: 7/13/2018
Set/Reset Scheduling Order Deadlines: Discovery due by 11/1/2018. Motions due by 10/1/2018. Jury Trial set for 12/4/2018 09:00 AM in Courtroom 302 before Honorable David L. Russell. Pretrial Report due by 11/13/2018. (jw)
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Legal Document (Payment Possibly Required) 15 Filed: 7/13/2018, Entered: 7/13/2018
ORDER granting 14 Motion to Extend Deadlines, as more fully set out. Signed by Honorable David L. Russell on 7/13/18. (jw)
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Legal Document (Payment Possibly Required) 14 Filed: 7/12/2018, Entered: 7/12/2018
UNOPPOSED MOTION for Extension of Time to Extend All Remaining Deadlines by Sodexo USA. (Tubb, J)
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Legal Document (Payment Possibly Required) 13 Filed: 7/2/2018, Entered: 7/2/2018
Exhibit List by Plaintiff 33C13A9. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 12 Filed: 7/2/2018, Entered: 7/2/2018
Witness List by Plaintiff 33C13A9. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 11 Filed: 1/4/2018, Entered: 1/4/2018
SCHEDULING ORDER: Motions in limine due 10/1/18; Jury instructions due 10/1/18; Voir dire requests due 10/1/18; Discovery due by 9/1/2018. Jury Trial set for 10/9/2018 09:00 AM in Courtroom 302 before Honorable David L. Russell. Motions due by 8/1/2018. Pretrial Report due by 10/1/2018.. Signed by Honorable David L. Russell on 1/4/18. (jw)
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Legal Document (Payment Possibly Required) 10 Filed: 12/22/2017, Entered: 12/22/2017
JOINT STATUS REPORT and Discovery Plan by all parties by Plaintiff 33C13A9. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 9 Filed: 11/14/2017, Entered: 11/14/2017
DOCKET: Scheduling Conference set for 1/4/2018 10:00 AM Room #3423 before Honorable David L. Russell. Status Report due by 12/26/2017. (jw)
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Legal Document (Payment Possibly Required) 8 Filed: 10/17/2017, Entered: 10/17/2017
DISCLOSURE STATEMENT - CORPORATE by Sodexo USA . (Tubb, J)
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Legal Document (Payment Possibly Required) 7 Filed: 10/17/2017, Entered: 10/17/2017
ANSWER to Complaint by Sodexo USA.(Tubb, J)
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Legal Document (Payment Possibly Required) 6 Filed: 10/17/2017, Entered: 10/17/2017
ENTRY of Appearance by Tiffany J Wythe on behalf of Sodexo USA (Wythe, Tiffany)
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Legal Document (Payment Possibly Required) 5 Filed: 10/17/2017, Entered: 10/17/2017
ENTRY of Appearance by J Jeremy Tubb on behalf of Sodexo USA (Tubb, J)
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Legal Document (Payment Possibly Required) 4 Filed: 9/29/2017, Entered: 9/29/2017
SUMMONS Returned Executed by 33C13A9. Sodexo USA served on 9/26/2017. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 3 Filed: 9/19/2017, Entered: 9/19/2017
ENTRY of Appearance by Melvin C Hall on behalf of 33C13A9 (Hall, Melvin)
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Blank  Filed: 9/19/2017, Entered: 9/19/2017
PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-2560019. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 2 Filed: 9/19/2017, Entered: 9/19/2017
Summons Issued Electronically as to Sodexo USA. (kr)
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Legal Document (Payment Possibly Required) 1 Filed: 9/18/2017, Entered: 9/19/2017
COMPLAINT against Sodexo USA filed by 33C13A9. (Attachments: # 1 Civil Cover Sheet)(kr)
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