Lowe v. Day & Zimmerman et al

2:21-cv-01070 | Alabama Northern District Court

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Division Southern
Judge Judge Corey L Maze
Filed Aug. 4, 2021
Terminated April 20, 2022
Case Flags CLOSED
Nature of Suit 442 Civil Rights - Jobs
Cause 42:1983 Civil Rights (Employment Discrimination)
Jury Demand Plaintiff
Last Updated: 2 years, 6 months ago Show Interactive Timeline
Filing Date # Docket Text
4/20/2022
  • Order
ORDER For the reasons stated in the memorandum opinion filed contemporaneously herewith, the court GRANTS Kalkreuth Roofing's Motion to Strike Lowe's extraneous filing (doc. 41 ) and GRANTS the Defendants' Motions to Dismiss (docs. 11 , 14 , 16 , 17 , 32 ). Under 28 U.S.C. § 1915, the court also DISMISSES the claims against the defendants who have not appeared in the case.The court DISMISSES with prejudice Lowe's Complaint (doc. 1 ). Signed by Judge Corey L. Maze on 4/20/2022. (SRD) (Entered: 04/20/2022)
4/20/2022MEMORANDUM OPINION. Signed by Judge Corey L. Maze on 4/20/2022. (SRD) (Entered: 04/20/2022)
1/20/2022
  • Motion to Strikeby Δ
MOTION to Strike 40 Notice (Other) by Kalkrueth Roofing. (Thompson, Gregory) (Entered: 01/20/2022)
1/5/2022NOTICE of filing by Michael L Lowe. (KEK) (Entered: 01/05/2022)
12/7/2021
  • Motion to Dismiss (Demurrer)by Δ
REPLY Brief filed by Defendant CE Bourne re: 15 MOTION to Dismiss and Memorandum in Support filed by CE Bourne. (Phillips, Matthew) (Entered: 12/07/2021)
12/6/2021
  • Motion to Dismiss (Demurrer)by Δ
REPLY to Response to Motion re 16 MOTION to Dismiss filed by Day & Zimmerman. (Bedsole, Jenna) (Entered: 12/06/2021)
12/3/2021
  • Motion to Dismiss (Demurrer)by Δ
REPLY to Response to Motion re 17 MOTION to Dismiss filed by Local Union Labor 559. (Connor, Glen) (Entered: 12/03/2021)
11/16/2021
  • Motion to Dismiss (Demurrer)
REPLY to Response to Motion re 32 MOTION to Dismiss Reply in Support of Defendant Michael Stiens' Motion to Dismiss Complaint) filed by Michael Steins Local 136 Roofing & Cable Proofers. (Allen, Andrew) (Entered: 11/16/2021)
11/11/2021
  • Motion to Dismiss (Demurrer)by Δ
RESPONSE in Support re 11 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (2), (3), and (6) filed by Kalkrueth Roofing. (Thompson, Gregory) (Entered: 11/11/2021)
11/4/2021
  • Motion to Dismiss (Demurrer)
RESPONSE to Motion re 17 MOTION to Dismiss , 16 MOTION to Dismiss , 15 MOTION to Dismiss and Memorandum in Support, 14 MOTION to Dismiss and Memorandum in Support, 11 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (2), (3), and (6) filed by Michael L Lowe. (KEK) (Entered: 11/04/2021)
10/11/2021
  • Motion to Dismiss (Demurrer)
Brief re 32 MOTION to Dismiss (Memorandum in Support of Motion by Defendant Michael Steins Local 136 Roofing & Cable Proofers to Dismiss Complaint). (Allen, Andrew) (Entered: 10/11/2021)
10/11/2021
  • Motion to Dismiss (Demurrer)
MOTION to Dismiss by Michael Steins Local 136 Roofing & Cable Proofers. (Allen, Andrew) (Entered: 10/11/2021)
10/6/202131
  • Motion to Appear Pro Hac ViceGranted
TEXT ORDER GRANTING 29 Motion to Appear Pro Hac Vice. Signed by Judge Corey L Maze on 10/6/2021. (KEK) (Entered: 10/06/2021)
10/6/2021Set/Reset Deadlines as to 14 MOTION to Dismiss and Memorandum in Support, 17 MOTION to Dismiss , 15 MOTION to Dismiss and Memorandum in Support, 16 MOTION to Dismiss , 11 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (2), (3), and (6). Responses due by 11/30/2021; Replies due by 12/7/2021. (KEK) (Entered: 10/06/2021)
10/6/2021
  • Order
ORDER - On October 5, 2021, the court held a telephone conference with the pro se plaintiff and five defendants. The plaintiff has preserved all rights, objections, and defenses raised during the telephone conference. As discussed during the telephone conference, the plaintiff has until November 30, 2021 to file a consolidated response to all pending motions to dismiss. The response shall not exceed 40 pages, double-spaced, 14-point font. Defendants will then have until December 7, 2021 to file reply briefs, if any, which shall not exceed 10 pages, double-spaced, 14-point font. Signed by Judge Corey L Maze on 10/6/2021. (Attachments: # 1 Pro se guide)(KEK) (Entered: 10/06/2021)
10/5/2021Minute Entry for proceedings held before Judge Corey L. Maze: Telephone Conference held on 10/5/2021. (TLM2) (Entered: 10/05/2021)
10/5/2021PHV Fee paid: $ 75, receipt number 1126-3938701. (Allen, Andrew) (Entered: 10/05/2021)
10/4/2021
  • Motion
MOTION for Limited Admission (Motion for Admission Pro Hac Vice of Librado Arreola) by Michael Steins Local 136 Roofing & Cable Proofers. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing, # 2 Exhibit 2 - Declaration of Labrado Arreola)(Allen, Andrew) (Entered: 10/04/2021)
10/4/2021NOTICE of Appearance by Andrew C Allen on behalf of Michael Steins Local 136 Roofing & Cable Proofers (Allen, Andrew) (Entered: 10/04/2021)
10/4/2021Summons Returned Unexecuted by Michael L Lowe as to Champion Roofing Co. (KEK) (Entered: 10/04/2021)
9/27/202126
  • Motion to Appear Pro Hac ViceGranted
TEXT ORDER GRANTING 10 and 24 Motions to Appear Pro Hac Vice. Signed by Judge Corey L Maze on 9/27/2021. (KEK) (Entered: 09/27/2021)
9/21/2021
  • Order
ORDER - The Court sets a telephone status conference on October 5, 2021 at 3:00 pm. This conference replaces the conference that was set on September 21, 2021. The parties are to use the following call-in information to join the telephone conference: dial (877) 873-8018 and use access code 6714714. Signed by Judge Corey L Maze on 9/21/2021. (KEK) (Entered: 09/21/2021)
9/21/2021PHV Fee paid: $ 75, receipt number 1126-3928823 (B4601115896). (Thompson, Gregory) Modified on 9/21/2021 (MEB2). (Entered: 09/21/2021)
9/20/2021PHV Fee paid: $75.00, receipt number B4601115856 (MEB2) (Entered: 09/20/2021)
9/17/2021
  • Motionby Δ
MOTION for Limited Admission of William H. Floyd, III by CE Bourne. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing, # 2 Exhibit 2 - Declaration of William H. Floyd, III)(Phillips, Matthew) (Entered: 09/17/2021)
9/17/2021Summons Returned Unexecuted (address unknown) by Michael L Lowe as to Equifax Workforce Solution. (MRR, ) (Entered: 09/17/2021)
9/17/202122
  • Order
TEXT ORDER The court sets a telephone status conference on Tuesday, September 21, 2021 at 4:00 pm. Counsel is to use the following call-in information to join the telephone conference: dial (877) 873-8018 and use access code 6714714. Signed by Judge Corey L Maze on 9/17/2021. (KEK) (Entered: 09/17/2021)
9/13/2021
  • Complaint
Summons and Complaint Returned With COVID-19 Notation from Postal Employee as to Michael Stein Local 136 Roofing & Cable Proofers, Kalkrueth Roofing (MRR, ) (Entered: 09/15/2021)
9/13/2021
  • Complaint
Summons and Complaint Returned With COVID-19 Notation from Postal Employee as to C.E. Bourne and Day & Zimmerman (MRR, ) (Entered: 09/15/2021)
9/13/2021SUMMONS Returned Executed (green card not signed or dated) by Michael L Lowe. Savannah River Site served on 8/16/2021, answer due 9/6/2021. (MRR, ) (Entered: 09/15/2021)
9/9/2021
  • Motion to Dismiss (Demurrer)by Δ
Brief re 17 MOTION to Dismiss . (Connor, Glen) (Entered: 09/09/2021)
9/9/2021
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss by Local Union Labor 559. (Connor, Glen) (Entered: 09/09/2021)
9/8/2021
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss by Day & Zimmerman. (Bedsole, Jenna) (Entered: 09/08/2021)
9/7/2021
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss and Memorandum in Support by CE Bourne. (Attachments: # 1 Exhibit A - Steadman Declaration)(Phillips, Matthew) (Entered: 09/07/2021)
9/7/2021
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss and Memorandum in Support by CE Bourne. (Phillips, Matthew) (Entered: 09/07/2021)
9/7/2021NOTICE of Corporate Disclosure by Kalkrueth Roofing (Linetsky, Yuri) (Entered: 09/07/2021)
9/7/2021AFFIDAVIT re 11 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (2), (3), and (6) Declaration of Wes Nickell by Kalkrueth Roofing. filed by Kalkrueth Roofing (Linetsky, Yuri) (Entered: 09/07/2021)
9/7/2021
  • Motion to Dismiss (Demurrer)
MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (2), (3), and (6) by Kalkrueth Roofing. (Linetsky, Yuri) (Entered: 09/07/2021)
9/7/2021
  • Motion to Appear Pro Hac Vice
MOTION for Limited Admission Pro Hac Vice of Gregory A. Thompson by Kalkrueth Roofing. (Attachments: # 1 Affidavit Affidavit of Gregory A. Thompson)(Linetsky, Yuri) (Entered: 09/07/2021)
9/7/2021NOTICE of Appearance by Yuri Roger Linetsky on behalf of Kalkrueth Roofing (Linetsky, Yuri) (Entered: 09/07/2021)
8/30/2021SUMMONS Returned Executed by Michael L Lowe. Local Union Labor 559 served on 8/19/2021, answer due 9/9/2021; National Labor Relat Bd served (no date on green card); Plant Farley served on 8/19/2021, answer due 9/9/2021. (KEK) (Entered: 08/31/2021)
8/30/2021RESPONSE in Opposition re 5 MOTION for Extension of Time to File Responsive Pleading filed by Michael L Lowe. (KEK) (Entered: 08/30/2021)
8/25/20216
  • Order
TEXT ORDER The Court hereby GRANTS 5 Defendant Day & Zimmerman's motion for extension of time. Defendant's responsive pleading is now due by September 10, 2021. Signed by Judge Corey L Maze on 8/25/2021. (KEK) (Entered: 08/25/2021)
8/25/2021 MOTION for Extension of Time to File Responsive Pleading by Day & Zimmerman. (Bedsole, Jenna) (Entered: 08/25/2021)
8/6/2021Summons Issued as to CE Bourne, Champion Roofing Co, Day & Zimmerman, Equifax Workforce Solution, Kalkrueth Roofing, Local Union Labor 559, Michael Steins Local 136 Roofing & Cable Proofers, National Labor Relat Bd, Plant Farley, Plant Vogtle, Savannah River Site. Delivered to US Marshals for service. (KEK) (Entered: 08/06/2021)
8/5/2021
  • Motion to Proceed in Forma PauperisGranted
ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Corey L. Maze on 8/5/2021. (SRD) (Entered: 08/05/2021)
8/4/2021
  • Motion to Proceed in Forma Pauperis
MOTION for Leave to Proceed in forma pauperis by Michael L Lowe. (KEK) (Entered: 08/04/2021)
8/4/2021
  • Complaint
COMPLAINT against All Defendants, filed by Michael L Lowe.(KEK) (Entered: 08/04/2021)