Taylor v. Berham

3:16-cv-00002 | Indiana Northern District Court

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Division South Bend
Judge Judge Theresa L Springmann
Filed Jan. 6, 2016
Terminated Nov. 3, 2016
Magistrate Magistrate Judge John E Martin
Nature of Suit 442 Civil Rights - Jobs
Cause 42:2000e Job Discrimination (Employment)
Demand Plaintiff
Last Updated: 8 years, 5 months ago Show Interactive Timeline
Filing Date # Docket Text
11/3/2016CLERK'S ENTRY OF JUDGMENT. (cc: Curtis D Taylor). (cer) (Entered: 11/03/2016)
11/3/2016
  • Motion to Dismiss (Demurrer)Granted
OPINION AND ORDER GRANTING 17 MOTION to Dismiss, or in the Alternative to Stay, and to Compel Arbitration filed by Dollar Tree, Bret Bertram. Because all of the issues raised in the Amended Complaint must be submitted to arbitration, it is DISMISSED WITHOUT PREJUDICE. Signed by Judge Theresa L Springmann on 11/3/16. (cc: Curtis D Taylor). (cer) (Entered: 11/03/2016)
9/29/2016 Magistrate Judge Andrew P Rodovich no longer assigned to case; previously referred for settlement purposes only. (tc) (Entered: 09/29/2016)
8/11/201634SHOW CAUSE HEARING/STATUS CONFERENCE held on 8/11/2016 before Magistrate Judge John E Martin. Pla appeared in person w/o counsel. Dft appeared by atty Steven Pockrass via phone. Dft states he was at work and unable to receive calls. Show cause shown and no contempt issued. Stay on briefing of motion to dismiss lifted. Pla to file a response by 10/11/2016. Pla gives new address to clerk. Docket will reflect the new address. (Copy of this minute entry mailed via US Mail to Plaintiff) (Tape #FTR Gold.) (plm) (Entered: 08/11/2016)
7/6/2016
  • Order
ORDER TO SHOW CAUSE: Plaintiff Curtis Taylor ORDERED to appear IN PERSON for a Show Cause Hearing set for 8/11/2016 at 11:30 AM in US District Court - Hammond before Magistrate Judge John E Martin. Plaintiff WARNED that his failure to appear may result in sanctions, including the dismissal of this case. Signed by Magistrate Judge John E Martin on 7/6/16. (cc: Curtis Taylor). (cer) (Entered: 07/06/2016)
7/6/201632(Scheduled as) STATUS CONFERENCE on 7/6/2016 before Magistrate Judge John E Martin. No appearance by Plaintiff. Dft appeared by atty Steven Pockrass via phone. Court to issue a written show cause order. Status/Show Cause Hearing set for 8/11/2016 11:30 AM (CDT) in US District Court - Hammond before Magistrate Judge John E Martin. (Copy to pro se Plaintiff via US Mail) (Tape #FTR Gold.) (plm) (Entered: 07/06/2016)
6/21/201631NOTICE of Hearing/Deadlines: regarding 17 MOTION to Dismiss , or in the Alternative to Stay, and to Compel Arbitration : Due to a scheduling conflict w/Atty Pockrass, Status Conference RESET for 7/6/2016 09:30 AM (CDT) in US District Court - Hammond before Magistrate Judge John E Martin. (Copy of minute entry mailed to pro se Plaintiff by US Mail) (plm) (Entered: 06/21/2016)
6/16/201630NOTICE of Hearing/Deadlines: regarding 17 MOTION to Dismiss , or in the Alternative to Stay, and to Compel Arbitration : Status Conference set for 7/14/2016 10:30 AM (CDT) before Magistrate Judge John E Martin. (Copy of this minute entry mailed to pro se Plaintiff by US Mail)(plm) (Entered: 06/16/2016)
5/24/201629
  • Order
MINUTE ORDER: On the Court's own motion the Telephonic Status Conference scheduled for 5/24/2016 1:00 PM (CST) in US District Court - Hammond before Magistrate Judge Andrew P Rodovich is VACATED since David Vandercoy is no longer affiliated with the Valparaiso University Law Clinic. By Magistrate Judge Andrew P Rodovich on 5/24/2016. (cc: Taylor)(rmn) Modified on 6/1/2016 to correct text (ksp). (Entered: 05/24/2016)
5/18/201628
  • Order
MINUTE ORDER: On the Court's own motion the Telephonic Status Conference set for 5/24/2016 10:00 AM (CST) in US District Court - Hammond before Magistrate Judge Andrew P Rodovich is HEREBY RESCHEDULED for 5/24/2016 at 01:00 PM (CST) in US District Court - Hammond before Magistrate Judge Andrew P Rodovich to schedule settlement conference.) The court will initiate the call and this is a change in TIME ONLY. Text entry only. By Magistrate Judge Andrew P Rodovich on 5/18/2016. (rmn) (Entered: 05/18/2016)
4/26/201627NOTICE OF HEARING: Telephonic Status Conference set for 5/24/2016 10:00 AM (CST) in US District Court - Hammond before Magistrate Judge Andrew P Rodovich to schedule settlement conference. Court will initiate the call. (rmn) (Entered: 04/26/2016)
4/22/201626CASE REFERRED to Magistrate Judge Andrew P Rodovich per DE 25 . (tc) (Entered: 04/22/2016)
4/22/2016
  • Order
ORDER: Court APPOINTS David Vandercoy to represent the plaintiff for the limited purpose of assisting the plaintiff in connection with the settlement proceedings in this case. Magistrate Judge Andrew P. Rodovich shall conduct the settlement conference, and his chambers will assign a date for further proceedings. This case is STAYED to allow time for the settlement process. Signed by Magistrate Judge John E Martin on 4/22/2016. cc: Taylor, Vandercoy (tc) (Entered: 04/22/2016)
4/21/201624STATUS CONFERENCE held on 4/21/2016 before Magistrate Judge John E Martin. Pla Curtis Taylor appeared in person. Dfts appeared telephonically by atty Steven Pockrass. Parties agree to judicial settlement conference and Court will enter a separate order on same. Case STAYED pending settlement conference. Defendant does not waive rights under arbitration agreement. (FTR Gold-JEM) (rmn) (Entered: 04/21/2016)
4/11/2016NOTICE by Bret Bertram, Dollar Tree re 17 MOTION to Dismiss , or in the Alternative to Stay, and to Compel Arbitration (Attachments: # 1 Exhibit A - Rules)(Pockrass, Steven) (Entered: 04/11/2016)
4/6/201622TELEPHONIC STATUS CONFERENCE held on 4/6/2016 before Magistrate Judge John E Martin. Pla appeared pro se w/o atty. Dft appeared by atty Steven Pockrass. Pla states appropriate parties to be named are Bret Bertram and Dollar Tree. All other parties should be termed. No objection. Granted. Clerk to correct docket to reflect appropriate parties. Court explains procedure for a settlement conference with Magistrate Judge Rodovich and the Valpo Law School. Parties agree. Dft needs time to get client's approval. Telephonic Status Conference set for 4/21/2016 01:30 PM (CDT) before Magistrate Judge John E Martin. Court to initiate the conference call. Court addresses the motion to dismiss pending before the district court. Pla will provide notice pursuant to Appendix C of the Local Rules. (Copy of this minute entry mailed to pro se Pla via US Mail.) (Tape #FTR Gold.) (plm) (Entered: 04/06/2016)
3/29/2016MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). Magistrate Consent forms due by 4/19/2016. (cc: Curtis Taylor) (smb) (Entered: 03/29/2016)
3/29/201620NOTICE of Hearing: Telephonic Status Conference set for 4/6/2016 10:30 AM Central before Magistrate Judge John E Martin w/the Court initiating the conference. The Court will contact the Plaintiff Curtis D Taylor at 219-798-1489 unless otherwise notified of an alternate number. Any change in teleph number is to be provided to martin_chambers@innd.uscourts.gov within 24 hours in advance. (cc: Curtis Taylor)(smb) (Entered: 03/29/2016)
3/28/2016NOTICE by Bret Berham, Dollar Tree re 18 Memorandum in Support Designation of Evidence in Support of Defendants' Motion to Dismiss, or in the Alternative to Stay, and to Compel Arbitration (Attachments: # 1 Exhibit 1. Declaration of David McDearmon, # 2 Exhibit 2. Declaration of Steven Pearson, with accompanying Exhibits, # 3 Exhibit 3. Declaration of Steven F. Pockrass, with accompanying Exhibit)(Pockrass, Steven) (Entered: 03/28/2016)
3/28/2016
  • Motion to Dismiss (Demurrer)by Δ
MEMORANDUM in Support of 17 MOTION to Dismiss , or in the Alternative to Stay, and to Compel Arbitration filed by Bret Berham, Dollar Tree. (Pockrass, Steven) (Entered: 03/28/2016)
3/28/2016
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss , or in the Alternative to Stay, and to Compel Arbitration by Defendants Bret Berham, Dollar Tree. (Pockrass, Steven) (Entered: 03/28/2016)
3/28/2016NOTICE of Appearance by Jia Li on behalf of Bret Berham (Li, Jia) (Entered: 03/28/2016)
3/28/2016NOTICE of Appearance by Steven F Pockrass on behalf of Bret Berham (Pockrass, Steven) (Entered: 03/28/2016)
3/22/2016Reset Answer Deadlines 3/28/2016 (kds) (Entered: 03/24/2016)
3/21/2016SUMMONS Returned Executed by Curtis D Taylor. Bret Berham served on 3/7/2016, answer due 3/28/2016; Dollar Tree served on 3/7/2016, answer due 3/28/2016. (kds) Modified on 3/24/2016 to correct served date(kds). (Entered: 03/22/2016)
3/9/2016
  • OrderDenied
ORDER DENYING 12 Motion for Clarification by Dft Dollar Tree. Signed by Judge Theresa L Springmann on 3/9/2016. (cc: Pla) (lns) (Entered: 03/09/2016)
3/7/2016 MOTION to Amend/Correct 6 Opinion and Order,, Terminate Motions, MOTION FOR CLARIFICATION by Defendant Dollar Tree. (Pockrass, Steven) (Entered: 03/07/2016)
3/7/2016Corporate Disclosure Statement by Dollar Tree. (Pockrass, Steven) (Entered: 03/07/2016)
3/7/2016NOTICE of Appearance by Jia Li on behalf of Dollar Tree (Li, Jia) (Entered: 03/07/2016)
3/7/2016NOTICE of Appearance by Steven F Pockrass on behalf of Dollar Tree (Pockrass, Steven) (Entered: 03/07/2016)
3/4/20168
  • Order
MINUTE ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge John E. Martin on 3/4/2016. (rmn) (Entered: 03/04/2016)
2/25/2016Summons Issued as to Bret Berham. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (lhc)(cc: USMS) (Entered: 02/25/2016)
2/25/2016
  • Motion to Proceed in Forma PauperisGranted
OPINION AND ORDER: GRANTING 5 MOTION for Leave to Proceed in forma pauperis; DEFERRING payment of the filing fee; ORDERING Plaintiff to pay the filing fee from the proceeds of any recovery that is received in this case; and DIRECTING that, pursuant to 28:1915(d), the USMS effect service of process on the Defendant. Signed by Judge Theresa L Springmann on 2/25/2016. (lhc)(cc: Plaintiff/USMS) (Entered: 02/25/2016)
2/22/2016***Amended Pleading Deadline terminated. Amended Complaint filed. (jld) (Entered: 02/24/2016)
2/22/2016
  • Motion to Proceed in Forma Pauperis
MOTION for Leave to Proceed in forma pauperis by Plaintiff Curtis D Taylor. (jld) (Entered: 02/24/2016)
2/22/2016
  • Complaint
AMENDED COMPLAINT against Bret Berham, filed by Curtis D Taylor.(jld) (Entered: 02/24/2016)
1/21/2016
  • Motion to Proceed in Forma PauperisDenied
OPINION AND ORDER: DENYING 2 MOTION for Leave to Proceed in forma pauperis and DISMISSING the Complaint WITHOUT PREJUDICE. The Plaintiff is GRANTED until 2/22/2016, to file an amended complaint, accompanied by a new Petition to Proceed Without Prepayment of Fees and Costs or the filing fee. Signed by Judge Theresa L Springmann on 1/21/2016. (lhc)(cc: Plaintiff) (Entered: 01/21/2016)
1/6/2016
  • Motion to Proceed in Forma Pauperis
MOTION for Leave to Proceed in forma pauperis accompanied by 1 copy of summons form and 1 copy of USM-285 form by Plaintiff Curtis D Taylor. (kds) (Entered: 01/07/2016)
1/6/2016PRO SE Employment Discrimination COMPLAINT against Bret Berham, filed by Curtis D Taylor. (Attachments: # 1 Proposed Summons, # 2 USM 285 form)(kds) (Entered: 01/07/2016)