Sims v. Quincy's Restaurants, et al
Court Docket Sheet

2:1998-cv-00004 (almd)

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1
01/05/1998
DEMAND for jury trial by Mary D. Sims (dkt clerk)
01/20/1998
Notice of Assignment to United States Magistrate Judge mailed to plaintiff's counsel (dkt clerk) (Text entry; no document attached.)
2
01/20/1998
SUMMONS issued for Flagstar, Gerald Carroll; summons and complaint mailed to named defendants by cmrrr (dkt clerk)
01/21/1998
File referred to Mag. Judge McPherson (dkt clerk) (Text entry; no document attached.)
3
01/26/1998
RETURN RECEIPT CARD showing service of summons and complaint on Gerald F Carroll on 1/24/98 for Flagstar. Answer due on 2/13/98 for Flagstar
4
01/26/1998
RETURN RECEIPT CARD showing service of summons and complaint on (illegible) on 1/23/98 for Gerald Carroll. Answer due on 2/12/98 for Gerald Carroll
5
01/26/1998
Summons returned unexecuted as to Gerald Carroll by plaintiff's counsel - service attempted on wrong Gerald Carroll
6
01/27/1998
ALIAS SUMMONS issued for Gerald Carroll; alias summons and complaint mailed by cmrrr on named defendant
7
01/30/1998
RETURN RECEIPT CARD showing service of summons and alias summons on Gerald F. Carroll on 1/29/98 for Gerald Carroll. Answer due on 2/18/98 for Gerald Carroll
8
02/17/1998
NOTICE of Attorney Appearance for Gerald Carroll by George Lamar Beck Jr., David B. Byrne III
9
02/17/1998
MOTION by Gerald Carroll to Dismiss referred to Mag Judge Vanzetta P. McPherson
10
02/17/1998
BRIEF by Gerald Carroll in support of [9-1] motion to Dismiss referred to Mag Judge Vanzetta P. McPherson
11
02/17/1998
ANSWER to Complaint by Flagstar (Attorney John W. Sheffield, Brian R. Bostick), referred to Mag Judge Vanzetta P. McPherson
02/18/1998
Mailed "Notice of Assignment to U. S. Magistrate Judge" to counsel for defendant Gerald Correll (dmk) Modified on 03/11/1998 (Text entry; no document attached.)
02/18/1998
Mailed "Notice of Assignment to U. S. Magistrate Judge" to counsel for defendant Flagstar (Text entry; no document attached.)
12
02/26/1998
RESPONSE by Mary D. Sims to [9-1] motion to Dismiss by Gerald Carroll referred to Mag Judge Vanzetta P. McPherson
14
03/02/1998
ORDER, Plaintiff's Response to Motion reset to 3/18/98 for [9-1] motion to Dismiss, brief in opposition due by 3/18/98 for Mary D. Sims [9-1] motion to Dismiss by Gerald Carroll set for submission on 3/18/98 (signed by Mag Judge Vanzetta P. McPherson), copies mailed to counsel.
03/02/1998
Stamped ORDER granting [13-1] motion to Amend [1-1] complaint (by Mag Judge Vanzetta P. McPherson), copies mailed to counsel. (Text entry; no document attached.)
15
03/02/1998
FIRST AMENDED COMPLAINT by Mary D. Sims aagainst Quincy's Restaurants amending [1-1] complaint; jury demand
16
03/10/1998
NOTICE of Attorney Appearance for Gerald Carroll by Steven A. Higgins
17
03/23/1998
ANSWER by Quincy's Restaurants to amended complaint ; referred to Mag Judge Vanzetta P. McPherson
18
04/03/1998
ORDER (rendered 4/2/98) setting Scheduling Conference for 10:30 4/24/98 before Mag Judge Vanzetta P. McPherson ; that parties file consent forms with Clerk by 4/14/98, as further set out (signed by Mag Judge Vanzetta P. McPherson), copies mailed to counsel; furnished to MT, SC.
19
04/13/1998
Plaintiff's Consent to Jurisdiction by U. S. Magistrate Judge; referred to Mag. Judge McPherson
20
04/13/1998
Defendant Quincy's Consent to Jurisdiction by U. S. Magistrate Judge; referred to Mag. Judge McPherson
21
04/13/1998
Defendant Gerald Carroll's Consent to Jurisdiction by U. S. Magistrate Judge; referred to Mag. Judge McPherson
04/24/1998
Scheduling conference held before Mag Judge Vanzetta P. McPherson (Text entry; no document attached.)
22
04/24/1998
ORDER directing that on or before 6-15-98, the plaintiff shall file with the Clerk written notice of her backpay claim up to the date of the notice; directing the plaintiff to itemize her backpay claim to include the following periods: (1) when different salaries apply, (2) when she earned no income, if any, (3) when she earned income from sources other than the defendant; directing the plaintiff also to itemize her frontpay claim, if any (signed by Mag Judge Vanzetta P. McPherson). Copies mailed to counsel.
23
04/24/1998
SCHEDULING ORDER setting Pretrial Conference for 9:30 AM on 10/5/98 before Mag Judge Vanzetta P. McPherson, in Room 330, FMJFB & USC, Montgomery, Al; setting dispositive Motion Filing deadline on 8/5/98; setting Discovery cutoff 9/21/98; jury trial set for 11/18/98 before Mag Judge Vanzetta P. McPherson, in Montgomery, Al; setting amended pleading deadline for 5/24/98; setting Mediation Notice deadline on 8/3/98 (signed by Mag Judge Vanzetta P. McPherson). Copies mailed to counsel; furnished to MT, SC & Jury.
24
04/28/1998
ANSWER by Gerald Carroll (Attorney Steven A. Higgins) to first amended complaint referred to Mag Judge Vanzetta P. McPherson (dkt clerk)
25
05/01/1998
MOTION by Gerald Carroll for David B. Byrne, III to Withdraw as Attorney referred to Mag Judge Vanzetta P. McPherson
26
05/04/1998
AMENDED ORDER, setting Scheduling Order Deadlines: Jury selection set for 10:00 11/2/98 (signed by Mag Judge Vanzetta P. McPherson), copies mailed to counsel; furnished to MT, SC, and CAC. (vmc) Modified on 05/04/1998
05/05/1998
Stamped ORDER granting [25-1] motion for David B. Byrne, III to Withdraw as Attorney (Terminated attorney David B. Byrne for Gerald Carroll (by Mag Judge Vanzetta P. McPherson), copies mailed to counsel. (Text entry; no document attached.)
28
05/12/1998
MOTION by Mary D. Sims for Timothy A. Tyler to Withdraw as Attorney referred to Mag Judge Vanzetta P. McPherson
29
06/15/1998
NOTICE of Backpay Claim filed by Mary D. Sims per order of 4/24/98; referred to Mag. Judge McPherson.
30
07/20/1998
Notice Concerning Settlement Conference and Mediation filed by Mary D. Sims, referred to Mag Judge Vanzetta P. McPherson h
07/28/1998
Stamped ORDER granting [27-1] motion to Amend [1-1] complaint (by Mag Judge Vanzetta P. McPherson), copies mailed to counsel. h (Text entry; no document attached.)
31
07/28/1998
AMENDED COMPLAINT by Mary D. Sims; amending [1-1] complaint h
07/28/1998
Stamped ORDER granting [28-1] motion for Timothy A. Tyler to Withdraw as Attorney (Terminated attorney Timothy Arthur Tyler for Mary D. Sims (by Mag Judge Vanzetta P. McPherson), copies mailed to counsel. h (Text entry; no document attached.)
32
08/06/1998
MOTION by Gerald Carroll for Partial Summary Judgment ; referred to Mag Judge Vanzetta P. McPherson
33
08/07/1998
ANSWER by Quincy's Restaurants to second amended complaint referred to Mag Judge Vanzetta P. McPherson
34
08/07/1998
ANSWER by Gerald Carroll to second amended complaint ; referred to Mag Judge Vanzetta P. McPherson
35
08/11/1998
ORDER (rendered 8/10/98) Plaintiff's Response to Motion set to 8/20/98 for [32-1] motion for Summary Judgment, set to 8/20/98 for [32-1] motion for Partial Summary Judgment, brief in opposition due by 8/20/98 for Mary D. Sims [32-1] motion for Summary Judgment by Quincy's Restaurants set for submission on 8/20/98, [32-1] motion for Partial Summary Judgment by Gerald Carroll set for submission on 8/20/98 (signed by Mag Judge Vanzetta P. McPherson), copies mailed to counsel.
36
08/11/1998
ORDER amending scheduling order resetting Scheduling Order Deadlines: Jury selection reset for 10:00 11/16/98 before Judge Charles S. Coody; Jury Trial set for 11/18/98 before Mag Judge Vanzetta P. McPherson ; that all other provisions of scheduling order remain in full force and effect (signed by Judge Vanzetta P. McPherson), copies mailed to counsel; furnished to MT, SC, CA, Judge Coody, CAC.
37
08/11/1998
MEMORANDUM OPINION AND ORDER (rendered 8/10/98) denying [9-1] motion to Dismiss (signed by Mag Judge Vanzetta P. McPherson), copies mailed to counsel
38
08/13/1998
NOTICE of Attorney Appearance for Mary D. Sims by Terry R. Smyly
39
08/13/1998
NOTICE OF CONFLICT AND MOTION by Mary D. Sims for Limited Substitution of Counsel ; referred to Mag Judge Vanzetta P. McPherson
40
08/19/1998
ORDER granting [39-1] motion for Limited Substitution of Counsel (signed by Mag Judge Vanzetta P. McPherson), copies mailed to counsel.
41
08/20/1998
RESPONSE by Mary D. Sims to [32-1] motion for Summary Judgment by Quincy's Restaurants, [32-1] motion for Partial Summary Judgment by Gerald Carroll (Exhibits 1-4,6 attached); referred to Mag Judge Vanzetta P. McPherson
42
09/03/1998
ORDER setting pretrial hearing for 10/5/98 at 9:30; directing parties to file joint stipulation of facts by 10/5/98; setting jury selection before Mag. Judge coody for 10/16/98; jury trial set for 11/18/98; that motions in limine, jury instructions and voir dire questions be filed three weeks before jury selection, as set out; setting Scheduling Order Deadlines: Proposed Pretrial Order due 10/3/98 ; (signed by Mag Judge Vanzetta P. McPherson), copies mailed to counsel; furnished to MT, SC, CAC, CA, Mag. Judge Coody.
43
09/14/1998
Witness list by Mary D. Sims; referred to Mag. Judge McPherson
44
09/18/1998
MOTION by Mary D. Sims For Mediation ; referred to Mag Judge Vanzetta P. McPherson
45
09/23/1998
REPLY BRIEF by Quincy's Restaurants in support of [32-1] motion for Summary Judgment by Quincy's Restaurants ; referred to Mag Judge Vanzetta P. McPherson
09/28/1998
Proposed Order on Pretrial Hearing referred to Mag. Judge McPherson (Text entry; no document attached.)
46
10/05/1998
ORDER setting In Chambers Mediation Conference for 2:00 10/15/98 ; that counsel and parties or representative with authority to settle case appear at conference; that parties provide Judge Walker with confidential mediation conference statement by 10/13/98, as further set out; (signed by Mag. Judge Susan R. Walker), copies mailed to counsel; furnished to MT, JT.
10/05/1998
Pre-Trial Conference held before Mag Judge Vanzetta P. McPherson on 10/5/98 (Text entry; no document attached.)
47
10/13/1998
ORDER granting [44-1] motion For Mediation (signed by Mag Judge Vanzetta P. McPherson), copies mailed to counsel.
48
10/13/1998
ORDER granting in part, denying in part [32-1] motion for Summary Judgment, granting in part, denying in part [32-1] motion for Partial Summary Judgment; dismissing plaintiff's state law tort clams of assault and battery, invasion of privacy and intentional infliction of emotional distress as against Quincy's Restaurant; that plaintiff has failed to assert claim of hostile working environment and and claim of constructive discharge and are not elements of this lawsuit; denying motion as to all other respects (signed by Mag Judge Vanzetta P. McPherson), copies mailed to counsel.
49
10/13/1998
PRETRIAL ORDER setting Scheduling Order Deadlines: Jury Trial set for 10:00 11/18/98 before Mag Judge Vanzetta P. McPherson ; that jury selection is set for 11/16/98 at 10:00 before Mag. Judge Coody; that this order is binding on the parties unless modified by order of the Court (signed by Mag Judge Vanzetta P. McPherson), copies mailed to counsel; furnished to MT, SC, CA, CAC, Mag. Judge Coody.
50
10/28/1998
ORDER continuing generally jury selection and trial; directing parties to file joint stipulation of dismissal within 14 days from date of this order terminated deadlines, setting Joint Stipulation of Dismissal deadline to 11/11/98 (signed by Mag Judge Vanzetta P. McPherson), copies mailed to counsel; furnished to MT, CAC, SC, Mag. Judge Coody, CA. (dmk) Modified on 10/28/1998
51
11/12/1998
Joint STIPULATION of dismissal; referred to Mag. Judge McPherson
52
11/13/1998
ORDER dismissing case with prejudice; that each party bear its own costs and expenses including attorneys' fees (signed by Mag Judge Vanzetta P. McPherson), copies mailed to counsel; furnished to SC, MT.
11/13/1998
Case closed (Text entry; no document attached.)
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