Case: Bryant v. Aiken Regional Med

BRYANT v. AIKEN REGIONAL MED

Bryant v. Aiken Regional Medical Centers Inc.

U.S. Court of Appeals for the Fourth Circuit

COMPLAINT; FILING FEE $ 150.00 RECEIPT # 300−32441 Scheduling order due by 7/31/00 Service due by 8/18/00 for Aiken Regional Med (former empl) (Entered: 04/24/2000)

SUMMONS(ES) issued for defendant Aiken Regional Med (former empl) (Entered: 04/24/2000)

Answers to 16B Interrogatories by plaintiff Wanda M Bryant; jury demand (former empl) (Entered: 04/24/2000)

AFFIDAVIT OF SERVICE of summons and complaint executed as to defendant Aiken Regional Med 4/21/00 Answer due on 5/11/00 for Aiken Regional Med executed by mailing summons and complaint to registered agent: CT Corp Systems (ttil) (Entered: 04/28/2000)

SCHEDULING ORDER setting Plaintiff's ID of Experts set for 7/12/00 ; Defendant's ID of Experts set for 7/12/00 ; Joining of parties,amending of pleadings on 6/12/00 ; Deadline for filing of all motions 11/13/00 ; Discovery cutoff 10/12/00 ; ( signed by Magistrate Judge Joseph R. McCrorey ) (ttil) (Entered: 05/15/2000)

Answers to 26.06 Interrogatories by defendant Aiken Regional Medical Centers (ttil) (Entered: 06/08/2000)

CONSENTED AMENDED SCHEDULING ORDER setting Defendant's ID of Experts set for 8/11/00 ; Plaintiff's ID of Experts set for 8/11/00 (signed by Magistrate Judge Joseph R. McCrorey) mld (former empl) Modified on 07/13/2000 (Entered: 07/13/2000)

Plaintiff's ID of Experts by Wanda M Bryant (ttil) (Entered: 08/10/2000)

Defendant's ID of Experts by Aiken Regional Med (former empl) (Entered: 08/14/2000)

SCHEDULING ORDER setting Deadline for filing of all motions 3/12/01 ; Discovery cutoff 2/9/01 ; ( signed by Magistrate Judge Joseph R. McCrorey ) (jada) (Entered: 10/05/2000)

ORDER that the case should be forwarded to the assigned to the USDJ for trial ( signed by Magistrate Judge Joseph R. McCrorey ) (ttil) (Entered: 03/26/2001)

JOINT MOTION by plaintiff Wanda M Bryant, defendant Aiken Regional Med to amend [11−1] Scheduling order (ttil) (Entered: 04/11/2001)

ORDER granting [13−1] joint motion to amend [11−1] Scheduling order set discovery due for 6/11/01 , set motion filing deadline for 7/12/01 ( signed by Magistrate Judge Joseph R. McCrorey ) (ttil) (Entered: 04/12/2001)

MOTION by defendant Aiken Regional Med to compel responses to defendant's interrogatory number 1 and 20 and for sanctions (cqui) (Entered: 04/30/2001)

ORDER granting [15−1] motion to compel responses to defendant's interrogatory number 1 and 20; plaintiff shall respond on or before 7/2/01; Defendant's motion for sanctions is denied ( signed by Magistrate Judge Joseph R. McCrorey ) (former empl) (Entered: 06/20/2001)

MOTION by defendant Aiken Regional Med for summary judgment and exception to Local Rule 7.05(B)(1) (cqui) (Entered: 07/13/2001)

MEMORANDUM by defendant Aiken Regional Med in support of [17−1] motion for summary judgment and exception to Local Rule 7.05(B)(1) with exhibits A−T and nine attachments (cqui) (Entered: 07/13/2001)

AFFIDAVIT of Thomas Kelly by defendant Aiken Regional Med Re: [18−1] support memorandum (cqui) (Entered: 07/13/2001)

AFFIDAVIT of Tina Martin by defendant Aiken Regional Med Re: [18−1] support memorandum (cqui) (Entered: 07/13/2001)

DEPOSITION of Wanda Bryant with attachments (cqui) (Entered: 07/13/2001)

CONSENT ORDER extending time , Response to motion reset to 8/6/01 for [17−1] motion for summary judgment and exception to Local Rule 7.05(B)(1) ( signed by Magistrate Judge Joseph R. McCrorey ) (ttil) (Entered: 07/25/2001)

MEMORANDUM by plaintiff Wanda M Bryant in opposition to [17−1] motion for summary judgment and exception to Local Rule 7.05(B)(1) (ttil) (Entered: 08/07/2001)

DEPOSITION of Sandy Garcia (ttil) (Entered: 08/07/2001)

REPLY by defendant Aiken Regional Med to [23−1] opposition memorandum (former empl) (Entered: 08/15/2001)

REPORT AND RECOMMENDATIONS of Magistrate Judge Joseph R. McCrorey recommending that defendants motion for summary judgment be granted as to plaintiff's breach of contract and breach of implied covenant of good faith and fair dealing claims, and as to any class action claims; and that defendant's motion for summary judgment be denied as to plaintiffs Title VII and 1981 failure to promote and retaliation claims. Case no longer referred to Magistrate Judge Joseph R. McCrorey Objections to R and R due by 11/26/01 (ttil) (Entered: 11/09/2001)

ROSTER NOTICE FOR JANUARY, 2002 (former empl) (Entered: 11/14/2001)

REPLY by defendant Aiken Regional Med to [28−1] roster notice re: schedule (former empl) (Entered: 11/21/2001)

REPLY by plaintiff Wanda M Bryant to [28−1] roster notice (former empl) (Entered: 11/23/2001)

NOTICE of Hearing set status conference and scheduling for 11:30 12/5/01 before Judge Cameron M. Currie (former empl) (Entered: 11/26/2001)

OBJECTION by defendant Aiken Regional Med to [27−1] report and recommendations (former empl) (Entered: 11/27/2001)

TELEPHONE CONFERENCE held before Judge Cameron M. Currie ORAL ORDER continuing case beyond January 2002 term of Court and excusing parties from mediation requirment reset Jury trial for 3/5/02 before Judge Cameron M. Currie Court Reporter: Debra Jernigan. (former empl) (Entered: 12/06/2001)

ORDER extending time for plaintiff to respond to defendant's objections to RRuntil 12/18/01 ( signed by Judge Cameron M. Currie (former empl) (Entered: 12/17/2001)

MEMORANDUM OF LAW by plaintiff Wanda M Bryant in opposition to [32−1] objection to Magistrate's Report and Recommendation (former empl) (Entered: 12/19/2001)

REPLY by defendant Aiken Regional Med to [35−1] opposition memorandum (former empl) Modified on 01/09/2002 (Entered: 01/09/2002)

MOTION by defendant Aiken Regional Med to extend time to reply to plaintiff's response to defendant's objections to Magistate Judge McCrorey's Report and Recommendation (former empl) (Entered: 01/09/2002)

ORDER granting [37−1] motion to extend time to reply to plaintiff's response to defendant's objections to Magistate Judge McCrorey's Report and Recommendation ( signed by Judge Cameron M. Currie ) (former empl) (Entered: 01/09/2002)

NOTICE of JURY ROSTER set jury selection for 10:30 3/5/02 before Judge Cameron M. Currie (former empl) (Entered: 01/31/2002)

LETTER of Richard J. Morgan Re: [39−1] notice hearing set jury selection for 10:30 3/5/02 before Judge Cameron M. Currie (former empl) (Entered: 02/12/2002)

ORDER granting in part, denying in part [17−1] motion for summary judgment; plaintiff's state law claims are dismissed; plaintiff barred from pursuing any Title VII claims based on allegations of improper actions predating 5/27/98; as to remainder of claims under Title VII and Section 1981 claims, plaintiff has made adequate showing to survive summary judgment to the extent her claims relate to denials of promotion to surgical tech or nursing position ( signed by Judge Cameron M. Currie ) EOD 2−12−02 (former empl) (Entered: 02/12/2002)

NOTICE of Hearing set Jury trial for 10:00 3/18/02 before Judge Cameron M. Currie (former empl) (Entered: 02/21/2002)

MOTION by defendant Aiken Regional Med in limine to exclude the plaintiff from adducing, referencing and/or introducing any and all evidence of every kind regarding RN positions set forth in postings prior to her purported December, 1998 Associate Transfer/Change of Status Request for an RN position and after her resignation from ARMC effective February 22, 1999 (former empl) (Entered: 02/27/2002)

MEMORANDUM by defendant Aiken Regional Med in support of [44−1] motion in limine to exclude the plaintiff from adducing, referencing and/or introducing any and all evidence of every kind regarding RN positions set forth in postings prior to her purported December, 1998 Associate Transfer/Change of Status Request for an RN position and after her resignation from ARMC effective February 22, 1999 (former empl) (Entered: 02/27/2002)

Voir dire questions by defendant Aiken Regional Med (former empl) Modified on 02/27/2002 (Entered: 02/27/2002)

Exhibit list by defendant Aiken Regional Med (former empl) Modified on 02/27/2002 (Entered: 02/27/2002)

NOTICE of Jury Charge by defendant Aiken Regional Med (former empl) Modified on 02/27/2002 (Entered: 02/27/2002)

NOTICE of Special Verdict Forms by defendant Aiken Regional Med (former empl) (Entered: 02/27/2002)

PRE−TRIAL BRIEF by plaintiff Wanda M Bryant (former empl) (Entered: 02/27/2002)

Voir dire questions by plaintiff Wanda M Bryant (former empl) (Entered: 02/27/2002)

JURY SELECTION held before Judge Cameron M. Currie; 12 jurors impaneled (see attached list), Panel Sworn: No, Jury trial for 10:00 3/18/02 before Judge Cameron M. Currie Court reporter: LaVon McNaughton. (former empl) (Entered: 03/06/2002)

MOTION by plaintiff Wanda M Bryant in limine to exclude any evidence relating to her discharge from the employment of Wackenhut Security (former empl) (Entered: 03/12/2002)

DEPOSITION Designations of Wanda M. Bryant (former empl) (Entered: 03/12/2002)

MEMORANDUM by plaintiff Wanda M Bryant in support of [53−1] motion in limine to exclude any evidence relating to her discharge from the employment of Wackenhut Security (former empl) (Entered: 03/12/2002)

Defendant, Aiken Regional Medical Centers, Inc., DEPOSITION DESIGNATIONS of Richard Lowe (former empl) (Entered: 03/14/2002)

OBJECTION by defendant Aiken Regional Med to [54−1] plaintiff's deposition designations (former empl) (Entered: 03/14/2002)

MEMORANDUM by plaintiff Wanda M Bryant in opposition to [53−1] motion in limine to exclude any evidence relating to her discharge from the employment of Wackenhut Security (former empl) (Entered: 03/15/2002)

AMENDED NOTICE OF DEPOSITION DESIGNATIONS of by plaintiff Wanda M Bryant (former empl) (Entered: 03/19/2002)

JURY TRIAL held before Judge Cameron M. Currie as to plaintiff Wanda M Bryant, defendant Aiken Regional Med; ORAL ORDER granting in part, denying in part [53−1] motion in limine to exclude any evidence relating to her discharge from the employment of Wackenhut Security, granting in part, denying in part [44−1] motion in limine to exclude the plaintiff from adducing, referencing and/or introducing any and all evidence of every kind regarding RN positions set forth in postings prior to her purported December, 1998 Associate Transfer/Change of Status Request for an RN position and after her resignation from ARMC effective February 22, 1999; Panel Sworn: Yes; Witnesses/Exhibits Court reporter: Debra Jernigan . (former empl) (Entered: 03/19/2002)

JURY TRIAL CONTINUED held before Judge Cameron M. Currie as to plaintiff Wanda M Bryant, defendant Aiken Regional Med ; plaintiff rests; defendant rests; closing arguments; Court reporter: Debra Jernigan . (former empl) (Entered: 03/19/2002)

Jury charge (former empl) (Entered: 03/20/2002)

Jury notes filed (former empl) (Entered: 03/21/2002)

JURY VERDICT for plaintiff Wanda M Bryant (former empl) (Entered: 03/21/2002)

JURY VERDICT/ANSWER TO SEPARATE QUESTION (former empl) (Entered: 03/21/2002)

ORDER directing the Clerk of court to return all exhibits to the parties introducing them. It is further ordered that the parties are to maintain the exhibits intact as returned until the time of filing an Appeal has expired. ( signed by Judge Cameron M. Currie ) (former empl) (Entered: 03/21/2002)

Receipt for return of exhibit by plaintiff Wanda M Bryant, defendant Aiken Regional Med (former empl) (Entered: 03/21/2002)

JURY TRIAL CONTINUED held before Judge Cameron M. Currie as to plaintiff Wanda M Bryant, defendant Aiken Regional Med; jury charge/deliberations Court reporter: Debra Jernigan . (former empl) (Entered: 03/20/2002)

MOTION by plaintiff Wanda M Bryant for pre−judgment interest and for enhancement of back pay award to account for tax consequences of lump sum payment (cbru) (Entered: 04/04/2002)

MEMORANDUM with exhibits attached by plaintiff Wanda M Bryant in support of [68−1] motion for pre−judgment interest and for enhancement of back pay award to account for tax consequences of lump sum payment (cbru) Modified on 04/04/2002 (Entered: 04/04/2002)

AFFIDAVIT of James R Jones II by plaintiff Wanda M Bryant Re: [68−1] motion for pre−judgment interest and for enhancement of back pay award to account for tax consequences of lump sum payment (attached as exhibit to memorandum in support) (cbru) (Entered: 04/04/2002)

MEMORANDUM by defendant Aiken Regional Med re: Position on damamges (former empl) (Entered: 04/04/2002)

MEMORANDUM by plaintiff Wanda M Bryant in opposition to [67−1] memorandum (former empl) (Entered: 04/09/2002)

MOTION by defendant Aiken Regional Med to dismiss , and/or to strike and/or exclude [70−1] affidavit in support of enhancement of back pay award to account for tax consequences of lump sum payment (former empl) (Entered: 04/12/2002)

RESPONSE by defendant Aiken Regional Med to [68−1] motion for pre−judgment interest and for enhancement of back pay award to account for tax consequences of lump sum payment (former empl) (Entered: 04/12/2002)

MEMORANDUM by defendant Aiken Regional Med in support of [72−1] motion to dismiss, [72−2] motion to strike and/or exclude [70−1] affidavit in support of enhancement of back pay award to account for tax consequences of lump sum payment (former empl) (Entered: 04/12/2002)

REPLY by plaintiff Wanda M Bryant to [69−1] support memorandum (former empl) (Entered: 04/15/2002)

ORDER mooting [72−1] motion to dismiss, mooting [72−2] motion to strike and/or exclude [70−1] affidavit in support of enhancement of back pay award to account for tax consequences of lump sum payment, granting in part, denying in part [68−1] motion for pre−judgment interest and for enhancement of back pay award to account for tax consequences of lump sum payment; Court confirms initial award of back pay in the amount of $40,000, with prejudgment interest thereon in the amount of $7,710.05 through 6/4/02, plus $9.62 per day to the date of judgment; Court finds that jury awards well supported; Judgment shall be entered accordingly ( signed by Judge Cameron M. Currie ) EOD 6−6−02 (former empl) (Entered: 06/06/2002)

JUDGMENT ( signed by the Clerk and approved by Judge Cameron M. Currie ) EOD 6−10−02 (former empl) (Entered: 06/10/2002)

Case closed (former empl) (Entered: 06/10/2002)

MOTION with attached original affadivits of David E Rothstein, M Malissa Burnette and Victoria L Eslinger by plaintiff Wanda M Bryant for attorney fees and costs (asni) (Entered: 06/25/2002)

MOTIONS by defendant Aiken Regional Med for new trial (asni) (Entered: 06/25/2002)

MEMORANDUM by defendant Aiken Regional Med in support of [79−1] motion for new trial (asni) (Entered: 06/25/2002)

MEMORANDUM with attachments by defendant Aiken Regional Med in opposition to [78−1] motion for attorney fees and costs (asni) (Entered: 07/11/2002)

MEMORANDUM by plaintiff Wanda M Bryant in opposition to [79−1] motion for new trial (mflo) (Entered: 07/12/2002)

MEMORANDUM with attached original affidavits of David E Rothstein and Carl L Solomon by plaintiff Wanda M Bryant in support of [78−1] motion for attorney fees and costs (asni) (Entered: 07/25/2002)

ORDER denying [79−1] motion for new trial granting in part, denying in part [78−1] motion for attorney fees and costs; plaintiff is entitled to attorneys' fees in the amount of $94,340.75, and expenses and costs in the amount of $4,967.17 ( signed by Judge Cameron M. Currie ) EOD 9/9/02 (asni) (Entered: 09/09/2002)

JUDGMENT for plaintiff Wanda M Bryant against defendant Aiken Regional Med Interest (post−judgment): 1.70 Expenses and Costs: $4,967.17 Attorney Fees: $94,340.75 (asni) (Entered: 10/17/2002)

NOTICE OF APPEAL by defendant Aiken Regional Med Re: [84−1] order Fee Status: paid Receipt # 300 46176 (former empl) (Entered: 10/01/2002)

Notice of appeal and certified copy of docket to USCA: [85−1] appeal by Aiken Regional Med (former empl) (Entered: 10/01/2002)

NOTICE OF CROSS−APPEAL by plaintiff Wanda M Bryant on order entered June 6,2002, paid $105 filing fee, receipt #300 46321 (former empl) (Entered: 10/10/2002)

NOTICE of Docketing ROA from USCA Re: [85−1] appeal by Aiken Regional Med USCA NUMBER: 02−2147 Tony Webb (former empl) (Entered: 10/09/2002)

Notice of cross appeal and certified copy of docket to USCA: [86−1] cross appeal by Wanda M Bryant (former empl) (Entered: 10/10/2002)

Certificate that the Record on Appeal is Complete for [85−1] appeal by Aiken Regional Med (former empl) (Entered: 10/21/2002)

WRIT of Execution issued for judgments entered June 10, 2002 and September 9, 2002. (former empl) (Entered: 11/12/2002)

NOTICE of Writ of Execution on judgments entered June 10, 2002 and September 9, 2002 (former empl) (Entered: 11/12/2002)

SUPERSEDEAS BOND $ 508,844.61 entered by defendant Aiken Regional Med (former empl) (Entered: 01/10/2003)

Opinion of the 4th Circuit re: [86−1] cross appeal by Wanda M Bryant, [85−1] appeal by Aiken Regional Med affirming in part and reversing in part the decision of the District Court (asni) (Entered: 06/30/2003)

FOURTH CIRCUIT COURT OF APPEALS ORDER denying a petition for rehearing and rehearing en banc (asni) (Entered: 07/25/2003)

JUDGMENT OF USCA (certified copy) affirming in part and reversing in par the judgment of the USDC. This case is remanded to the USDC for further proceedings consistent with the Court's opinion Re: [86−1] cross appeal by Wanda M Bryant, [85−1] appeal by Aiken Regional Med (asni) (Entered: 08/01/2003)

Case reopened; per 4cca mandate affirmed inpart and reversed in part the judgment of the USDC (asni) (Entered: 08/04/2003)

SUPPLEMENTAL MOTION by plaintiff Wanda M Bryant for attorney fees and costs relating to appeal (kbos) (Entered: 08/05/2003)

MEMORANDUM by defendant Aiken Regional Med in opposition to [95−1] motion for attorney fees and costs relating to appeal (kbos) (Entered: 08/21/2003)