U.S. District Court for the Northern District of Georgia

Davis v. Valley Services

U.S. District Court for the Northern District of Georgia

Davis v. Valley Hospitality Services

U.S. District Court for the Northern District of Georgia

Davis v. Valley Hospitality Services

Davis v. Valley Hospitality Services

372 F.Supp.2d 641

Davis v. Valley Hospitality Services

Davis v. Valley Hospitality Services

Davis v. Valley Services

U. S. Court of Appeals for the Eleventh Circuit

Davis v. Hospitality Services

U. S. Court of Appeals for the Eleventh Circuit

Certified copy of transfer order, docket sheet, and Original File Received from Northern District of Georgia, case 03CV2462. File includes: 1 Complaint, 2 Waiver of service, 3 Motion by defendant to transfer case, 4 Answer, 5 Response by plaintiff to 3 motion, 6 Reply by defendant to 3 motion, 7 Supplemental response by plaintiffs to 3 motion, 8 Discovery schedule, 9 Certificate of interested persons, 10 Certificate of interested persons, 11 Discovery schedule, 12 Answers to initial disclosures by plaintiffs, 13 Scheduling order, 14 Motion by plaintiffs to amend complaint, 15, Response by defendant to 14 motion, 16 Supplemental brief by defendant to 3 motion, 17 Attorney appearance for defendant by attorney Woodling and Kelly, 18 Response by defendant to 14 motion, 19 Motion by defendant for substitution of counsel, 20 Response by plaintiffs to 18, 21 Certificate of service by plaintiff, 22 Notice of subpoena by defendant, 23 Order granting 19 motion, 24 Order granting 3 motion to transfer to the Middle District of Georgia (tls) (Entered: 02/05/2004)

MOTION by Sandra J. Davis, Velma B. Duncan, Rosa Brown to Amend Complaint (tls) (Entered: 02/05/2004)

RESPONSE by Valley Services, LLC to [14-1] motion to Amend Complaint (tls) (Entered: 02/05/2004)

SUPPLEMENTAL RESPONSE by Valley Services, LLC to [14-1] motion to Amend Complaint (tls) (Entered: 02/05/2004)

REPLY by Sandra J. Davis, Velma B. Duncan, Rosa Brown to response to [14-1] motion to Amend Complaint (tls) (Entered: 02/05/2004)

MOTION(S) submitted: submitted [14-1] motion to Amend Complaint; Original case file and motion sent to Judge Clay D. Land (tls)

SUMMONS(ES) issued for Valley Services, LLC (tls)

Case referred to ARBITRATION (trh)

ORDER granting [14-1] motion to Amend Complaint ( signed by Judge Clay D. Land ) (tls) (Entered: 02/11/2004)

AMENDED COMPLAINT amending (Answer due 2/20/04 for Valley Services, LLC ) (tls) (Entered: 02/11/2004)

RULES 16 AND 26 ORDER; proposed scheduling/discovery order due on 3/26/04 . ( signed by Judge Clay D. Land ) (tls) (Entered: 02/11/2004)

ARBITRATION LETTER mailed. Parties to opt-out of arbitration by 3/22/04 (trh)

Case no longer referred to ARBITRATION. (trh)

MOTION by Valley Services, LLC to Dismiss claims Response due by 4/5/04 Reply to Response due by 4/20/04 for [30-1] motion (tls) (Entered: 03/11/2004)

MEMORANDUM by Valley Services, LLC in support of [30-1] motion to Dismiss claims (tls) (Entered: 03/11/2004)

ANSWER by Valley Services, LLC to amended complaint (tls) (Entered: 03/11/2004)

PROPOSED SCHEDULING/DISCOVERY order received, and forwarded to Judge Land for review (tls)

SCHEDULING/DISCOVERY ORDER executed. Dispositive Motions to be filed by 10/1/04 Discovery to be complete 9/3/04 ; ( signed by Judge Clay D. Land ) (tls) (Entered: 03/25/2004)

RESPONSE by Sandra J. Davis, Velma B. Duncan, Rosa Brown, Annette Amick to [30-1] motion to Dismiss claims (tls) (Entered: 03/29/2004)

REPLY by Valley Services, LLC to response to [30-1] motion to Dismiss claims (tls) (Entered: 04/12/2004)

MOTION(S) submitted: submitted [30-1] motion to Dismiss claims; routing slip sent to Judge Clay D. Land (tls)

MOTION by Sandra J. Davis, Velma B. Duncan, Rosa Brown, Annette Amick to certify class Response due by 5/20/04 Reply to Response due by 6/7/04 for [35-1] motion (tls) Modified on 05/04/2004 (Entered: 04/27/2004)

MEMORANDUM by Sandra J. Davis, Velma B. Duncan, Rosa Brown, Annette Amick in support of [35-1] motion (tls) (Entered: 04/27/2004)

ORDER setting brief deadline, staying 35 motion for class certification set Brief deadline to 5/24/04 for parties to file supplemental briefs re: 30 motion to dismiss ( signed by Judge Clay D. Land ) (tls) (Entered: 05/04/2004)

CONSENT PROTECTIVE ORDER ( signed by Judge Clay D. Land ) (tls) (Entered: 05/06/2004)

SUPPLEMENTAL RESPONSE by Sandra J. Davis, Velma B. Duncan, Rosa Brown, Valley Services, LLC to [30-1] motion to Dismiss claims (tls) (Entered: 05/24/2004)

SUPPLEMENTAL RESPONSE by Valley Services, LLC to [30-1] motion to Dismiss claims (tls) (Entered: 05/24/2004)

ORDER granting in part, denying in part [30-1] motion to Dismiss claims ( signed by Judge Clay D. Land ) (tls) Additional attachment(s) added on 10/19/2004 (tls, ). (Entered: 06/21/2004)

MOTION(S) submitted: submitted [35-1] motion to certify class; routing slip and motion sent to Judge Clay D. Land (tls)

ORDER denying as moot [35-1] motion to certify class ( signed by Judge Clay D. Land ) (tlf) (Entered: 06/23/2004)

MOTION by Sandra J. Davis, Velma B. Duncan, Rosa Brown, Annette Amick for Leave to File interlocutory appeal Response due by 7/19/04 Reply to Response due by 8/3/04 for [44-1] motion (tlf) (Entered: 06/24/2004)

RESPONSE by Valley Services, LLC to [43-1] motion for Leave to File interlocutory appeal (tls) Modified on 10/19/2004 (tls, ). (Entered: 07/09/2004)

USCA ORDER denying petition for permission to appeal (tls) (Entered: 07/27/2004)

MOTION(S) submitted: submitted [44-1] motion for Leave to File interlocutory appeal; routing slip sent to Judge Clay D. Land (tls)

ORDER denying [43-1] motion for Leave to File interlocutory appeal ( signed by Judge Clay D. Land ) (tls) Modified on 10/19/2004 (tls, ). (Entered: 08/17/2004)

MOTION with memorandum in support by Valley Services, LLC to Dismiss claims of Rose Brown Response due by 10/18/04, Reply to Response due by 11/3/04 for [47-1] motion (tls) Modified on 10/19/2004 (tls, ). (Entered: 09/24/2004)

MOTION with memorandum in support by Valley Services, LLC to Dismiss claims of Annette Amick Response due by 10/18/04, Reply to Response due by 11/3/04 for [48-1] motion (tls) Modified on 10/19/2004 (tls, ). (Entered: 09/24/2004)

MOTION for Summary Judgment as to Plaintiff Davis by Valley Hospitality Services, LLC filed by Elizabeth Jewelle Johnson, Mairen C. Kelly, Ruth W. Woodling. Response due by 10/25/2004 Reply due by 11/10/2004. (cmf, ) (Entered: 10/05/2004)

MEMORANDUM in Support of 49 MOTION for Summary Judgment as to Plaintiff Davis filed by Valley Hospitality Services, LLC. (cmf, ) Modified on 10/19/2004 (tls, ). (Entered: 10/05/2004)

STATEMENT OF UNDISPUTED MATERIAL FACTS re 49 MOTION for Summary Judgment as to Plaintiff Davis filed by Valley Hospitality Services, LLC. (cmf, ) Modified on 10/19/2004 (tls, ). (Entered: 10/05/2004)

MOTION for Summary Judgment as to Plaintiff Duncan by Valley Hospitality Services, LLC filed by Elizabeth Jewelle Johnson, Mairen C. Kelly, Ruth W. Woodling. Response due by 10/25/2004 Reply due by 11/10/2004. (cmf, ) (Entered: 10/05/2004)

MEMORANDUM in Support of 52 MOTION for Summary Judgment as to Plaintiff Duncan filed by Valley Hospitality Services, LLC. (cmf, ) Modified on 10/19/2004 (tls, ). (Entered: 10/05/2004)

STATEMENT OF UNDISPUTED MATERIAL FACTS as to Plaintiff Duncan re 52 MOTION for Summary Judgment filed by Valley Hospitality Services, LLC. (cmf, ) Modified on 10/19/2004 (tls, ). (Entered: 10/05/2004)

MOTION for Summary Judgment as to Plaintiff Brown by Valley Hospitality Services, LLC filed by Elizabeth Jewelle Johnson, Mairen C. Kelly, Ruth W. Woodling. Response due by 10/25/2004 Reply due by 11/10/2004. (cmf, ) (Entered: 10/05/2004)

MEMORANDUM in Support of 55 MOTION for Summary Judgment as to Plaintiff Brown filed by Valley Hospitality Services, LLC. (cmf, ) Modified on 10/19/2004 (tls, ). (Entered: 10/05/2004)

STATEMENT OF UNDISPUTED MATERIAL FACTS as to Plaintiff Brown re 55 MOTION for Summary Judgment filed by Valley Hospitality Services, LLC. (cmf, ) Modified on 10/19/2004 (tls, ). (Entered: 10/05/2004)

MOTION for Summary Judgment as to Plaintiff Amick by Valley Hospitality Services, LLC filed by Elizabeth Jewelle Johnson, Mairen C. Kelly, Ruth W. Woodling. Response due by 10/25/2004 Reply due by 11/10/2004. (cmf, ) (Entered: 10/05/2004)

MEMORANDUM in Support of 58 MOTION for Summary Judgment as to Plaintiff Amick filed by Valley Hospitality Services, LLC. (cmf, ) Modified on 10/19/2004 (tls, ). (Entered: 10/05/2004)

STATEMENT OF UNDISPUTED MATERIAL FACTS as to Plaintiff Amick re 58 MOTION for Summary Judgment filed by Valley Hospitality Services, LLC. (cmf, ) Modified on 10/19/2004 (tls, ). (Entered: 10/05/2004)

Certification of Need to File Discovery by Valley Hospitality Services, LLC.(cmf, ) (Entered: 10/05/2004)

AFFIDAVIT of Brian Plemmons re 55 MOTION for Summary Judgment, 49 MOTION for Summary Judgment, 58 MOTION for Summary Judgment, 52 MOTION for Summary Judgment by Valley Hospitality Services, LLC. (cmf, ) Modified on 10/19/2004 (tls, ). (Entered: 10/05/2004)

AFFIDAVIT of Lisa Lyons-Ward re 55 MOTION for Summary Judgment, 49 MOTION for Summary Judgment, 58 MOTION for Summary Judgment, 52 MOTION for Summary Judgment by Valley Hospitality Services, LLC. (cmf, ) Modified on 10/19/2004 (tls, ). (Entered: 10/05/2004)

DEPOSITION of Rose M. Brown taken on 3/5/2004. Court Reporter: Leita J. Seaborn by Valley Hospitality Services, LLC.(cmf, ) (Entered: 10/05/2004)

DEPOSITION of Annette L. Amick taken on 3/16/04. Court Reporter: Leita Seaborn by Valley Hospitality Services, LLC.(cmf, ) (Entered: 10/05/2004)

DEPOSITION of Sandra Jean Davis taken on 3/3/04. Court Reporter: Leita J. Seaborn by Valley Hospitality Services, LLC.(cmf, ) (Entered: 10/05/2004)

DEPOSITION of Velina B. Duncan taken on 3/10/04. Court Reporter: Nayivis Cunill by Valley Hospitality Services, LLC.(cmf, ) (Entered: 10/05/2004)

RESPONSE to Motion re 47 Motion to Dismiss Plaintiff Amick and 48 motion to Dismiss Plaintiff Brown of Defendant filed by Plaintiffs Annette Amick, Rosa Brown. (cmf, ) Modified on 10/19/2004 (tls, ). (Entered: 10/13/2004)

RESPONSE to Motion re 55 MOTION for Summary Judgment, 49 MOTION for Summary Judgment, 58 MOTION for Summary Judgment, 52 MOTION for Summary Judgment filed by Annette Amick, Rosa Brown, Sandra J. Davis, Velma B. Duncan. (cmf, ) (Entered: 10/26/2004)

COUNTER STATEMENT OF UNDISPUTED MATERIAL FACTS re 58 MOTION for Summary Judgment filed by Annette Amick. (cmf, ) (Entered: 10/26/2004)

COUNTER STATEMENT OF UNDISPUTED MATERIAL FACTS re 55 MOTION for Summary Judgment filed by Rosa Brown. (cmf, ) (Entered: 10/26/2004)

COUNTER STATEMENT OF UNDISPUTED MATERIAL FACTS re 52 MOTION for Summary Judgment filed by Velma B. Duncan. (cmf, ) (Entered: 10/26/2004)

COUNTER STATEMENT OF UNDISPUTED MATERIAL FACTS re 49 MOTION for Summary Judgment filed by Sandra J. Davis. (cmf, ) (Entered: 10/26/2004)

REPLY to Response to Motion re 47 Motion to Dismiss, 48 Motion to Dismiss filed by Valley Hospitality Services, LLC. (Johnson, Elizabeth) (Entered: 10/27/2004)

MOTION to Strike by Valley Hospitality Services, LLC filed by Elizabeth Jewelle Johnson. Response to Motion due by 12/6/2004 Reply to Response to Motion due by 12/22/2004. (Johnson, Elizabeth) (Entered: 11/12/2004)

REPLY to Response to Motion re 55 MOTION for Summary Judgment, 49 MOTION for Summary Judgment, 58 MOTION for Summary Judgment, 52 MOTION for Summary Judgment filed by Valley Hospitality Services, LLC. (Johnson, Elizabeth) (Entered: 11/12/2004)

REPLY to Response to Motion re 55 MOTION for Summary Judgment, 49 MOTION for Summary Judgment, 58 MOTION for Summary Judgment, 52 MOTION for Summary Judgment filed by Valley Hospitality Services, LLC. (Johnson, Elizabeth) (Entered: 11/12/2004)

MOTION for Leave to File Excess Pages by Annette Amick, Rosa Brown, Sandra J. Davis, Velma B. Duncan filed by McNeill Stokes. (Stokes, McNeill) (Entered: 11/28/2004)

RESPONSE to Motion re 75 MOTION to Strike filed by Annette Amick, Rosa Brown, Sandra J. Davis, Velma B. Duncan. (Stokes, McNeill) (Entered: 11/28/2004)

This is a text only entry; no document issued. ORDER granting 78 Motion for Leave to File Excess Pages . Signed by Judge Clay D. Land on November 30, 2004. (Land, Clay) (Entered: 11/30/2004)

CERTIFICATE OF SERVICE - I certify that on this date I have mailed by United States Postal Service a copy of 80 Order on Motion for Leave to File Excess Pages including any attachments filed with this document to all non-CM/ECF participants as indicated on the Notice of Electronic Filing. By Carolyn H. Fryer, Deputy Clerk. (cmf, )

REPLY to Response to Motion re 75 MOTION to Strike filed by Valley Hospitality Services, LLC. (Johnson, Elizabeth) (Entered: 12/13/2004)

MOTION for Leave to File Supplemental Response of Plaintiff's to Defendant's Motions for Summary Judgment by Sandra J. Davis, Velma B. Duncan, Rosa Brown, Annette Amick filed by McNeill Stokes. Response to Motion due by 5/9/2005 Reply to Response to Motion due by 5/24/2005. (Stokes, McNeill) (Entered: 04/14/2005)

SURREPLY filed by Sandra J. Davis, Velma B. Duncan, Rosa Brown, Annette Amick re 55 MOTION for Summary Judgment, 49 MOTION for Summary Judgment, 58 MOTION for Summary Judgment, 52 MOTION for Summary Judgment (Stokes, McNeill) (Entered: 04/14/2005)

This is a text only entry; no document issued. ORDER granting 82 Motion for Leave to File surreply brief. Surreply brief previously filed as document 83 . Signed by Judge Clay D. Land on 04/15/2005. (pgs, ) (Entered: 04/15/2005)

ORDER denying 47 Motion to Dismiss, denying 48 Motion to Dismiss, granting in part and denying in part 49 Motion for Summary Judgment, granting 52 Motion for Summary Judgment, granting 55 Motion for Summary Judgment, granting 58 Motion for Summary Judgment, granting in part and denying in part 75 Motion to Strike. Signed by Judge Clay D. Land on 4/25/05. (tls, ) (Entered: 04/25/2005)

MOTION for Reconsideration re 85 Order on Motion to Dismiss,, Order on Motion for Summary Judgment,,,, Order on Motion to Strike,,,,,,, by Valley Hospitality Services, LLC filed by Elizabeth Jewelle Johnson. Response to Motion due by 5/23/2005 (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Johnson, Elizabeth) (Entered: 05/09/2005)

MOTION for Entry of Judgment under Rule 54(b) by Velma B. Duncan, Rosa Brown, Annette Amick filed by McNeill Stokes. Response to Motion due by 6/9/2005 Reply to Response to Motion due by 6/27/2005. (Stokes, McNeill) (Entered: 05/17/2005)

NOTICE OF APPEAL as to 85 Order on Motion to Dismiss, Order on Motion for Summary Judgment, Order on Motion to Strike, by Sandra J. Davis, Velma B. Duncan, Rosa Brown, Annette Amick. Transcript Information Form due by 6/2/2005. (Stokes, McNeill) (Entered: 05/17/2005)

Remark: Mailed transcript order information form to plaintiff's attorney with a note reminding him the filing fee of $255.00 had not yet been paid (tlf).

RESPONSE filed by Sandra J. Davis re 86 MOTION for Reconsideration (Stokes, McNeill) (Entered: 05/19/2005)

REPLY to Response filed by Valley Hospitality Services, LLC re 86 MOTION for Reconsideration (Woodling, Ruth) (Entered: 05/23/2005)

RESPONSE filed by Valley Hospitality Services, LLC re 87 MOTION for Entry of Judgment under Rule 54(b) (Johnson, Elizabeth) (Entered: 05/25/2005)

TRANSCRIPT INFORMATION FORM by Sandra J. Davis, Velma B. Duncan, Rosa Brown, Annette Amick. re 88 Notice of Appeal, NO TRANSCRIPTS ORDERED. (tls, ) (Entered: 05/27/2005)

ORDER denying 86 Motion for Reconsideration, granting motion for certificate of immediate appeal, and granting 87 Motion for Entry of Judgment under Rule 54(b). Signed by Judge Clay D. Land on 5/31/05. (tls, ) (Entered: 05/31/2005)

Letter of Transmittal re 88 Notice of Appeal. Certified Copy of Notice of Appeal, Docket Sheet, and Order mailed to USCA. NOTICE: A Civil Appeal Statement must be filed with the Court of Appeals. A copy of this form may be obtained from the District Clerk's Office or the district court internet site (www.gamd.uscourts.gov). (tls, ) (Entered: 06/03/2005)

JUDGMENT entered pursuant to Rule 54(b); Judgment in favor of Defendant against Plaintiffs. (tls, ) (Entered: 06/06/2005)

USCA Appeal Fees received May 19, 2005 $ 255.00 receipt number 402259 re 88 Notice of Appeal, filed by Sandra J. Davis, Velma B. Duncan, Rosa Brown, Annette Amick (tlf).

USCA Case Number 05-13107JJ re 88 Notice of Appeal, filed by Sandra J. Davis, Velma B. Duncan, Rosa Brown, Annette Amick. (tls, ) (Entered: 06/10/2005)

NOTICE OF APPEAL as to 95 Judgment by Velma B. Duncan, Rosa Brown, Annette Amick. Transcript Information Form due by 6/30/2005. (Stokes, McNeill) (Entered: 06/14/2005)

Letter of Transmittal re 97 Second Notice of Appeal. Certified Copy of Notice of Appeal, Docket Sheet, Order and Judgment mailed to USCA. NOTICE: A Civil Appeal Statement must be filed with the Court of Appeals. A copy of this form may be obtained from the District Clerk's Office or the district court internet site (www.gamd.uscourts.gov). (tls, ) (Entered: 06/15/2005)

Appeal fee for 97 notice of appeal not received. (tls, )

USCA Appeal Fees received $ 255.00; receipt number 402296 re 97 Notice of Appeal filed by Velma B. Duncan, Rosa Brown, Annette Amick (tlf).

BILL OF COSTS by Valley Hospitality Services, LLC. Response to Bill of Costs due by 7/18/2005 (Attachments: # 1 Supplement Fees of Court Reporter# 2 Supplement Fees for Exemplification and Copies)(Woodling, Ruth) (Entered: 06/24/2005)

USCA ORDER granting permission to appeal. (tls, ) (Entered: 07/11/2005)

NOTICE OF APPEAL re: Davis as to 85 Order on Motion to Dismiss, Order on Motion for Summary Judgment, Order on Motion to Strike, by Valley Hospitality Services, LLC. Transcript Information Form due by 8/1/2005. (Johnson, Elizabeth) (Entered: 07/14/2005)

Letter of Transmittal re 101 Notice of Appeal. Certified Copy of Notice of Appeal, Docket Sheet, Order and Judgment mailed to USCA. NOTICE: A Civil Appeal Statement must be filed with the Court of Appeals. A copy of this form may be obtained from the District Clerk's Office or the district court internet site (www.gamd.uscourts.gov). (tls, ) (Entered: 07/15/2005)

USCA Appeal Fees received $ 255 receipt number 402331 re 101 Notice of Appeal filed by Valley Hospitality Services, LLC. (tls, )

Certificate of Readiness of Record on Appeal forwarded to USCA re 88, 97, and 101 Notices of Appeal. (Attachments: # 1 Docket Sheet Report)(tls, ) (Entered: 07/15/2005)

TRANSCRIPT INFORMATION FORM by Sandra J. Davis. re 101 Notice of Appeal; NO TRANSCRIPTS ORDERED. (tls, ) (Entered: 07/20/2005)

USCA Case Number 05-13670-J re 101 Notice of Appeal filed by Valley Hospitality Services, LLC. (tls, ) (Entered: 07/25/2005)