Case: Bostock v. Clayton County

1:16-cv-01460 | U.S. District Court for the Northern District of Georgia

Filed Date: May 5, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

This was the lead case before the Supreme Court in 2020 when it held that "[a]n employer who fires an individual merely for being gay or transgender violates Title VII [of the Civil Rights Act of 1964]."District CourtOn May 5, 2016, a male county employee filed this lawsuit, pro se, in the United States District Court for the Northern District of Georgia, against his employer, the Clayton County Board of Commissioners. He sued for damages under Title VII of the Civil Rights Act of 1964, claimin…

This was the lead case before the Supreme Court in 2020 when it held that "[a]n employer who fires an individual merely for being gay or transgender violates Title VII [of the Civil Rights Act of 1964]."

District Court

On May 5, 2016, a male county employee filed this lawsuit, pro se, in the United States District Court for the Northern District of Georgia, against his employer, the Clayton County Board of Commissioners. He sued for damages under Title VII of the Civil Rights Act of 1964, claiming that the defendants, as his employer, had violated Title VII by discriminating against him on the basis of sexual orientation. Specifically, he claimed that his employer had terminated him, despite 10 years of positive past performance evaluations, from his position as the Child Welfare Services Coordinator assigned to the Juvenile Court of Clayton County after finding out that he was participating in a gay recreational softball league. He also alleged other incidents of harassment at work. The case was assigned to Judge Orinda D. Evans on May 9, 2016.

On August 2, 2016, the plaintiff had acquired the assistance of private counsel and filed a first amended complaint, in which he sought declaratory judgment, a permanent injunction to prevent his employer from engaging in unlawful employment practices in violation of Title VII, full backpay from his termination date, reinstatement to his former position, compensatory damages, punitive damages, and attorneys' fees.

On August 23, 2016, the employer filed a motion to dismiss claiming that Title VII does not encompass discrimination on the basis of sexual orientation and because the Board of Commissioners was not capable of being sued. The plaintiff requested leave to file a second amended complaint on September 9, 2016.

On September 12, 2016, the plaintiff filed a second amended complaint. In the complaint, the plaintiff changed the defendant to be Clayton County and amended the allegations to discuss his discrimination as based on sexual orientation and failure to conform to a gender stereotype.

On September 26, 2016, the employer filed a motion to dismiss the second amended complaint for failure to state a claim. It argued that Title VII does not include claims on the basis of sexual orientation. In November 2016, Magistrate Judge Walter E. Johnson recommended to grant the employer's motion. 2016 WL 9753356. However, the district court deferred decision until the 11th Circuit gave a decision in Evans v. Georgia Regional Hospital, another Title VII case regarding discrimination based on sexual orientation.

On July 21, 2017, Judge Evans adopted the magistrate's report and recommendation and granted the County's motion to dismiss the case. The court found (1) that the 11th Circuit had foreclosed claims under Title VII for discrimination on the basis of sexual orientation; and (2) the plaintiff had not adequately pleaded facts of gender stereotyping. 2017 WL 4456898.

Court of Appeals

The plaintiff appealed to the 11th Circuit on August 11, 2017 (docket no. 17-1380). In May 2018, the 11th Circuit affirmed the decision of the lower court. 723 Fed. App'x 964 (Mem), reh'g denied, 894 F.3d 1335.

U.S. Supreme Court

On June 1, 2018, the plaintiff filed a petition for a writ of certiorari to the Supreme Court of the United States, which was granted on April 22, 2019. 139 S.Ct. 1599. The case was consolidated with Zarda v. Altitude Express, Inc. and EEOC v. R.G. & G.R. Harris Funeral Homes, Inc. for briefing and oral argument. In the other cases, plaintiffs' counsel was the ACLU and the Stanford Law School Supreme Court Clinic; those lawyers did the oral argument here, as well.

Oral argument occurred on October 8, 2019 and the Supreme Court rendered its decision on June 15, 2020. Writing for a 6-3 majority, Justice Neil Gorsuch wrote that Title VII prohibits employers from engaging in discrimination "because of" sex. Justice Gorsuch stated that the statutory language "because of" implies a but-for causation analysis, meaning that "so long as the plaintiff's sex was one but-for cause of that decision [to fire], that is enough to trigger the law." The opinion stated that "if an employer would not have discharged an employee but for that individual's sex, the statute's causation standard is met and liability may attach." LGBT discrimination against employees met this test, because "an employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have question in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids." 590 U.S. ___.

The Supreme Court reversed the judgment of the Eleventh Circuit and remanded for further proceedings. The case remains ongoing.

Summary Authors

Caitlin Kierum (11/12/2019)

Jack Hibbard (6/15/2020)

Related Cases

Zarda v. Altitude Express, Inc., Eastern District of New York (2010)

EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., Eastern District of Michigan (2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6302525/parties/bostock-v-clayton-county/


Judge(s)

Alito, Samuel A. Jr. (New Jersey)

Evans, Orinda Dale (Georgia)

Gorsuch, Neil M. (Colorado)

Johnson, Walter E. (Georgia)

Kavanaugh, Brett M. (District of Columbia)

Newsom, Kevin Christopher (Alabama)

Tjoflat, Gerald Bard (Florida)

Wilson, Charles R. (Florida)

Attorneys(s) for Plaintiff

Green, Timothy Brian (Georgia)

Heller, Martin B (Georgia)

Judge(s)

Alito, Samuel A. Jr. (New Jersey)

Evans, Orinda Dale (Georgia)

Gorsuch, Neil M. (Colorado)

Johnson, Walter E. (Georgia)

Kavanaugh, Brett M. (District of Columbia)

Newsom, Kevin Christopher (Alabama)

Tjoflat, Gerald Bard (Florida)

Wilson, Charles R. (Florida)

Attorneys(s) for Plaintiff

Green, Timothy Brian (Georgia)

Heller, Martin B (Georgia)

Mew, Thomas Joseph IV (Georgia)

Sutherland, Brian J (Georgia)

Attorneys(s) for Defendant

Buechner, William H. Jr (Georgia)

Hancock, Jack Reynolds (Georgia)

Documents in the Clearinghouse

Document

1:16-cv-01460

Docket

Aug. 20, 2019

Aug. 20, 2019

Docket
1

1:16-cv-01460

Pro Se Employment Discrimination Complaint Form

May 5, 2016

May 5, 2016

Complaint
10

1:16-cv-01460

Second Amended Complaint

Sept. 12, 2016

Sept. 12, 2016

Complaint
16

1:16-cv-01460

Final Report and Recommendation

Nov. 3, 2016

Nov. 3, 2016

Order/Opinion
24

1:16-cv-01460

Order

July 21, 2017

July 21, 2017

Order/Opinion
30

1:16-cv-01460

17-13801

Opinion

U. S. Court of Appeals for the Eleventh Circuit

May 10, 2018

May 10, 2018

Order/Opinion

17-01618

Petition For Writ Of Certiorari

Supreme Court of the United States

May 25, 2018

May 25, 2018

Pleading / Motion / Brief

17-01618

Brief for Petitioner

Supreme Court of the United States

Aug. 2, 2018

Aug. 2, 2018

Pleading / Motion / Brief

17-01618

Respondent's Brief in Opposition to Petition for Writ of Certiorari

Supreme Court of the United States

Aug. 10, 2018

Aug. 10, 2018

Pleading / Motion / Brief

17-01618

Joint Appendix

Supreme Court of the United States

June 26, 2019

June 26, 2019

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6302525/bostock-v-clayton-county/

Last updated Aug. 27, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand filed by Gerald Lynn Bostock. ( Filing fee $ 400 receipt number 100082958.) (Attachments: # 1 Civil Cover Sheet)(bnw) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 5/6/2016 to edit file date(bnw). (Entered: 05/06/2016)

1 Civil Cover Sheet

View on PACER

May 5, 2016

May 5, 2016

RECAP
2

Electronic Summons Issued as to Clayton County Board of Commissioners. (bnw) (Entered: 05/06/2016)

May 5, 2016

May 5, 2016

PACER

Submission to District Judge

May 9, 2016

May 9, 2016

PACER

Submission of 1 Complaint to District Judge Orinda D. Evans. (bnw)

May 9, 2016

May 9, 2016

PACER
3

ORDER regarding above civil action. This civil action was filed on May 5, 2016, summons issued and since that time no action has taken place. IT IS THEREFORE ORDERED, that the Plaintiff show cause why above complaint should not be DISMISSED for failure to effectuate service of process pursuant to LR 41.2(B) within ten (10) days of date of entry of this order. The Clerk is directed to resubmit this action in ten (10) days. Signed by Judge Orinda D. Evans on 07/28/16. (fap) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER

Clerks Certificate of Mailing

Aug. 1, 2016

Aug. 1, 2016

PACER

Clerks Certificate of Regular and Certified Mailing Return Receipt (91 7199 9991 7032 5720 1816) as to Gerald Lynn Bostock re 3 Order. (fap) Modified on 8/1/2016 (fap).

Aug. 1, 2016

Aug. 1, 2016

PACER
4

First AMENDED COMPLAINT against Clayton County Board of Commissionerswith Jury Demand, filed by Gerald Lynn Bostock. (Attachments: # 1 Plaintiff's Certificate of Interested Persons)(Mew, Thomas) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 08/02/2016)

1 Plaintiff's Certificate of Interested Persons

View on PACER

Aug. 2, 2016

Aug. 2, 2016

PACER
6

Certificate of Interested Persons and Corporate Disclosure Statement (attached to the Complaint) filed by Gerald Lynn Bostock. (jkl) (Entered: 08/17/2016)

Aug. 2, 2016

Aug. 2, 2016

PACER
5

Return of Service Executed by Gerald Lynn Bostock. Clayton County Board of Commissioners served on 8/2/2016, answer due 8/23/2016. (Mew, Thomas) (Entered: 08/03/2016)

Aug. 3, 2016

Aug. 3, 2016

PACER

Submission to District Judge

Aug. 16, 2016

Aug. 16, 2016

PACER

Submission of 3 Order, submitted to District Judge Orinda D. Evans. (fap)

Aug. 16, 2016

Aug. 16, 2016

PACER
7

MOTION to Dismiss and Memorandum of Law in Support by Clayton County Board of Commissioners. (Heller, Martin) (Entered: 08/23/2016)

Aug. 23, 2016

Aug. 23, 2016

PACER
8

Consent MOTION for Leave to File Second Amended Complaint (), MOTION to Substitute Party Clayton County, Georgiaby Gerald Lynn Bostock. (Attachments: # 1 Exhibit A - Second Amended Complaint, # 2 Text of Proposed Order)(Mew, Thomas) (Entered: 09/09/2016)

1 Exhibit A - Second Amended Complaint

View on PACER

2 Text of Proposed Order

View on PACER

Sept. 9, 2016

Sept. 9, 2016

PACER
9

ORDER - Having reviewed PLAINTIFF'S CONSENT MOTION FOR LEAVE TO AMEND COMPLAINT AND TO SUBSTITUTE DEFENDANT, and for good cause shown, Plaintiff's Consent Motion is hereby GRANTED. The Clerk is directed to enter the Plaintiff's Second Amended Complaint and the same is deemed filed. Defendant's Motion to Dismiss the Plaintiff's First Amended Complaint is DENIED AS MOOT, without prejudice to Defendant's right to file a Motion to Dismiss Plaintiff's Second Amended Complaint. Signed by Magistrate Judge Walter E. Johnson on 9/12/16. (klb) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER
10

SECOND AMENDED COMPLAINT against Clayton County with Jury Demand, filed by Gerald Lynn Bostock.(klb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

RECAP
11

NOTICE of Appearance by William H. Buechner, Jr on behalf of Clayton County (Buechner, William) (Entered: 09/13/2016)

Sept. 13, 2016

Sept. 13, 2016

PACER
12

NOTICE of Appearance by Jack Reynolds Hancock on behalf of Clayton County (Hancock, Jack) (Entered: 09/13/2016)

Sept. 13, 2016

Sept. 13, 2016

PACER
13

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Clayton County. (Attachments: # 1 Exhibit 1 - EEOC Charge of Discrimination, # 2 Exhibit 2 - EEOC Dismissal and Notice of Rights)(Heller, Martin) (Entered: 09/26/2016)

1 Exhibit 1 - EEOC Charge of Discrimination

View on PACER

2 Exhibit 2 - EEOC Dismissal and Notice of Rights

View on PACER

Sept. 26, 2016

Sept. 26, 2016

PACER
14

RESPONSE in Opposition re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gerald Lynn Bostock. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mew, Thomas) (Entered: 10/13/2016)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Oct. 13, 2016

Oct. 13, 2016

PACER
15

REPLY BRIEF re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Clayton County. (Heller, Martin) (Entered: 10/27/2016)

Oct. 27, 2016

Oct. 27, 2016

RECAP

Submission to Magistrate Judge

Oct. 28, 2016

Oct. 28, 2016

PACER

Submission of 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, submitted to Magistrate Judge Walter E. Johnson. (fap)

Oct. 28, 2016

Oct. 28, 2016

PACER
16

FINAL REPORT AND RECOMMENDATION re 10 Amended Complaint, filed by Gerald Lynn Bostock. Signed by Magistrate Judge Walter E. Johnson on 11/3/16. (klb) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

RECAP

Final Report and Recommendation

Nov. 3, 2016

Nov. 3, 2016

PACER

FINAL REPORT AND RECOMMENDATION - The undersigned RECOMMENDS that Defendant's Motion to Dismiss 13 be GRANTED, and that the Second Amended Complaint be DISMISSED WITH PREJUDICE. Signed by Magistrate Judge Walter E. Johnson on 11/3/16. (klb)

Nov. 3, 2016

Nov. 3, 2016

PACER
17

ORDER for Service of 16 Final Report and Recommendation by Magistrate Judge Walter E. Johnson. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Walter E. Johnson on 11/3/16. (klb) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

PACER
18

OBJECTIONS to 16 Report and Recommendation filed by Gerald Lynn Bostock. (Attachments: # 1 Exhibit)(Mew, Thomas) (Entered: 11/17/2016)

1 Exhibit

View on PACER

Nov. 17, 2016

Nov. 17, 2016

RECAP

Submission to District Judge

Nov. 17, 2016

Nov. 17, 2016

PACER

Submission of 16 FINAL REPORT AND RECOMMENDATION re 10 Amended Complaint, filed by Gerald Lynn Bostock to District Judge Orinda D. Evans. (bnw)

Nov. 17, 2016

Nov. 17, 2016

PACER
19

REPLY to Objection to Report and Recommendation re 18 Objections to Report and Recommendation filed by Clayton County. (Heller, Martin) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
20

REPLY to Objection to Report and Recommendation re 18 Objections to Report and Recommendation filed by Gerald Lynn Bostock. (Mew, Thomas) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
21

ORDER: For the reasons stated, Defendant's Motion to Dismiss 13, the R&R 16, and Plaintiff's objections 18 are all DEFERRED pending the Eleventh Circuit's decision. Signed by Judge Orinda D. Evans on 2/2/17. (bnw) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

RECAP
22

Consent MOTION to Withdraw Martin B. Heller as Attorney by Clayton County, and Clayton County Board of Commissioners. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Consent Withdrawal) (Heller, Martin) (Entered: 06/20/2017)

1 Text of Proposed Order Proposed Order Granting Consent Withdrawal

View on PACER

June 20, 2017

June 20, 2017

PACER
23

ORDER granting 22 Motion to Withdraw as Attorney. Attorney Martin B. Heller terminated. Signed by Judge Orinda D. Evans on 6/22/2017. (sap) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
24

ORDER OVERRULING Plaintiff's 18 Objections and ADOPTING IN FULL the 16 Final Report and Recommendation. Defendant's 13 Motion to Dismiss for Failure to State a Claim is GRANTED and this case is hereby DISMISSED with prejudice. Costs are taxed to the Plaintiff. Signed by Judge Orinda D. Evans on 7/20/2017. (sap) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

RECAP

Terminated Case

July 21, 2017

July 21, 2017

PACER
25

CLERK'S JUDGMENT in favor of Defendant against Plaintiff for the costs of this action. (sap)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER

Civil Case Terminated. (sap)

July 21, 2017

July 21, 2017

PACER
26

NOTICE OF APPEAL as to 25 Clerk's Judgment, 24 Order on Motion to Dismiss for Failure to State a Claim, Order on Final Report and Recommendation,, by Gerald Lynn Bostock. Filing fee $ 505, receipt number 113E-7338353. Transcript Order Form due on 9/5/2017 (Mew, Thomas) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
27

NOTICE Of Filing Appeal Transmission Letter by Gerald Lynn Bostock re: 26 Notice of Appeal. (kac) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
28

Transmission of Certified Copy of Notice of Appeal, Clerk's Judgment, Orders, Report and Recommendation, and Docket Sheet to US Court of Appeals re: 26 Notice of Appeal. (kac) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
29

USCA Acknowledgment of 26 Notice of Appeal, filed by Gerald Lynn Bostock. Case Appealed to USCA- 11th Circuit. Case Number 17-13801-BB. (pjm) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER

Appeal Record Certified

Sept. 13, 2017

Sept. 13, 2017

PACER

Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal re: 26 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 17-13801-BB. The entire record on appeal is available electronically. (kac)

Sept. 13, 2017

Sept. 13, 2017

PACER
30

USCA Opinion received (AFFIRMING) re: 26 Notice of Appeal filed by Gerald Lynn Bostock. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. Case Appealed to USCA - 11th Circuit. USCA Case Number 17-13801-BB. (kac) (Entered: 05/10/2018)

May 10, 2018

May 10, 2018

PACER
31

Certified copy of MANDATE of USCA AFFIRMING the decision of the District Court re: 26 Notice of Appeal filed by Gerald Lynn Bostock. Case Appealed to USCA - 11th Circuit. USCA Case Number 17-13801-EE. (kac) (Entered: 07/26/2018)

July 26, 2018

July 26, 2018

RECAP
32

UNITED STATES SUPREME COURT FORTHWITH LETTER from USCA re: 26 Notice of Appeal filed by Gerald Lynn Bostock. USCA Case Number 17-13801-GG. Appeal Record due by 9/3/2019. (kac) (Entered: 08/19/2019)

Aug. 19, 2019

Aug. 19, 2019

PACER
33

Electronically transmitted Record on Appeal to Supreme Court of the United States re: 26 Notice of Appeal. USCA Case Number 17-13801-GG. USSC Case No. 17-1618. (kac) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
34

USCA Opinion received (REVERSING AND REMANDING) re: 26 Notice of Appeal filed by Gerald Lynn Bostock. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. Case Appealed to USCA - 11th Circuit. USCA Case Number 17-13801-GG. (kac) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

RECAP
35

MANDATE of USCA REMANDING to the District Court for further action (Appeal decision reversed the court's dismissal of the Title VII claim from USSC) re: 34 USCA Opinion. Case Appealed to USCA - 11th Circuit Case Number 17-13801. (Originally filed on 9/25/2020) (bdb) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

RECAP

Case Reassigned to Judge Eleanor L. Ross and Magistrate Judge Walter E. Johnson from Remand from USCA and USSC. Judge Orinda D. Evans no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:16-cv-1460-ELR-WEJ. Please make note of this change in order to facilitate the docketing of pleadings in this case. (bdb)

Oct. 7, 2020

Oct. 7, 2020

PACER

Submission of 35 USCA Mandate and proposed order to District Judge Eleanor L. Ross. (bdb)

Oct. 7, 2020

Oct. 7, 2020

PACER
36

ORDER making the USCA mandate the judgment of this Court re 26 Notice of Appeal. Case Appealed to 11th Circuit Case Number 17-13801. (jpk) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

RECAP
37

Certification of Consent to Substitution of Counsel. Thomas Joseph Mew, IV replacing attorney Timothy Brian Green and Brian J. Sutherland. (Mew, Thomas) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

RECAP
38

ORDER - The docket sheet in this case indicates that defendant Clayton County first appeared by motion 13 on September 26, 2016. The Court ORDERS the parties to file a Certificate of Interested Persons and Corporate Disclosure Statement if they have not done so and to file a Joint Preliminary Planning Report and Discovery Plan within TEN (10) DAYS of the date of this Order. Signed by Magistrate Judge Walter E. Johnson on 10/13/20. (klb) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
39

NOTICE of Appearance by Andrew Mabon Beal on behalf of Gerald Lynn Bostock (Beal, Andrew) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
40

Defendant's ANSWER to 10 Amended Complaint by Clayton County.(Hancock, Jack) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
41

NOTICE of Appearance by Edward D. Buckley on behalf of Gerald Lynn Bostock (Buckley, Edward) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

PACER
42

NOTICE of Appearance by Rachel Berlin Benjamin on behalf of Gerald Lynn Bostock (Benjamin, Rachel) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

PACER
43

NOTICE of Appearance by Michael McDonnell Hill on behalf of Clayton County (Hill, Michael) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

PACER
44

JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Clayton County. (Hancock, Jack) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER

Submission of 38 Order to Magistrate Judge Walter E. Johnson (no CIP filed by Defendant). (jpk)

Oct. 26, 2020

Oct. 26, 2020

PACER
45

SCHEDULING ORDER: re: 44 Joint Preliminary Report and Discovery Plan. Discovery ends on 3/22/2021. Motions under Local Rule 7.1(A)(2) including motions to amend pleadings due by 12/21/2020. Motions for summary judgment no later than 4/21/2021. Proposed Pretrial Order due by 4/21/2021, or within thirty days from a final ruling on any motion for summary judgment that is not dispositive of all claims advanced by the parties. Signed by Magistrate Judge Walter E. Johnson on 10/26/20. (klb) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
46

NOTICE to Parties Regarding Summary Judgment Motions. Signed by Magistrate Judge Walter E. Johnson on 10/26/20. (klb) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
47

CERTIFICATE OF SERVICE serving Plaintiff's Initial Disclosures by Gerald Lynn Bostock.(Benjamin, Rachel) (Entered: 11/05/2020)

Nov. 5, 2020

Nov. 5, 2020

PACER
48

CERTIFICATE OF SERVICE by Clayton County.(Hancock, Jack) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
49

CERTIFICATE OF SERVICE serving Plaintiff's First Interrogatories to Defendant by Gerald Lynn Bostock.(Buckley, Edward) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
50

CERTIFICATE OF SERVICE serving Plaintiff's First Requests for Production of Documents to Defendant by Gerald Lynn Bostock.(Buckley, Edward) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
51

MOTION to Amend Complaint with Brief In Support by Gerald Lynn Bostock. (Attachments: # 1 Exhibit Proposed Amended Complaint, # 2 Text of Proposed Order Proposed Order, # 3 Brief Memorandum in Support)(Mew, Thomas) (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

PACER
52

CERTIFICATE OF SERVICE of Discovery by Clayton County.(Hill, Michael) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
53

RESPONSE in Opposition re 51 MOTION to Amend Complaint filed by Clayton County. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B")(Hancock, Jack) (Entered: 12/07/2020)

Dec. 7, 2020

Dec. 7, 2020

PACER
54

NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (rvb) (ADI) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER
55

REPLY BRIEF in Support of 51 MOTION to Amend Complaint filed by Gerald Lynn Bostock. (Mew, Thomas) Modified on 12/22/2020 to edit text (jpk). (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER

Submission of 51 MOTION to Amend Complaint to Magistrate Judge Walter E. Johnson. (jpk)

Dec. 22, 2020

Dec. 22, 2020

PACER
56

ORDER - Plaintiff's Motion for Leave to File Third Amended Complaint 51 is DENIED. The Second Amended Complaint 10 remains the operative pleading here. Signed by Magistrate Judge Walter E. Johnson on 1/8/21. (klb) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

PACER
57

OBJECTION re 56 Order on Motion to Amend Plaintiff's Objections to Magistrate Judge's Order Denying Motion for Leave to File Third Amended Complaint by Gerald Lynn Bostock. (Attachments: # 1 Exhibit Exhibit 1 - Defendant's Response to Plaintiff's First Interrogatories)(Mew, Thomas) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER
58

TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (rvb) (ADI) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
59

NOTICE to Take Deposition of Sabrina Crawford filed by Gerald Lynn Bostock (Mew, Thomas) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
60

NOTICE by Gerald Lynn Bostock Notice of Issuance of Subpoena to Testify at Deposition (Attachments: # 1 Exhibit Subpoena to Sabrina Crawford)(Mew, Thomas) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
61

RESPONSE re 57 Objection to Magistrate Judge's Order Denying Motion for Leave to File Third Amended Complaint filed by Clayton County. (Hancock, Jack) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER
62

REPLY BRIEF in Support of 57 Objection filed by Gerald Lynn Bostock. (Attachments: # 1 Exhibit Supplemental Persuasive Authority)(Mew, Thomas) Modified on 2/22/2021 to edit document link and modify text (jpk). (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

PACER
63

Joint MOTION for Extension of Time to Complete Discovery by Gerald Lynn Bostock. (Attachments: # 1 Text of Proposed Order Proposed Order)(Mew, Thomas) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

PACER
64

ORDER granting 63 Motion for Extension of Time to Complete Discovery. Discovery ends on 6/21/2021. Signed by Magistrate Judge Walter E. Johnson on 3/3/21. (klb) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

PACER

Reset Scheduling Order Deadlines: Discovery ends on 6/21/2021. Motions for summary judgment no later than 7/21/2021. Proposed Pretrial Order due by 7/21/2021, or within thirty days from a final ruling on any motion for summary judgment that is not dispositive of all claims advanced by the parties.(klb)

March 3, 2021

March 3, 2021

PACER
65

ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (ddm) (ADI) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

PACER
66

NOTICE to Take Deposition of Shelly Hicks Johnson filed by Gerald Lynn Bostock (Mew, Thomas) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
67

NOTICE by Gerald Lynn Bostock of Issuance of Subpoena to Testify at Deposition (Attachments: # 1 Exhibit Subpoena to Shelly Hicks Johnson)(Mew, Thomas) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
68

Amended NOTICE to Take Deposition of Shelly Hicks Johnson filed by Gerald Lynn Bostock (Mew, Thomas) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

PACER
69

Joint MOTION for Extension of Time to Complete Discovery by Gerald Lynn Bostock. (Attachments: # 1 Text of Proposed Order)(Mew, Thomas) (Entered: 06/07/2021)

June 7, 2021

June 7, 2021

PACER
70

ORDER granting 69 Motion for Extension of Time to Complete Discovery. Discovery ends on 8/20/2021. Signed by Magistrate Judge Walter E. Johnson on 6/7/21. (klb) (Entered: 06/07/2021)

June 7, 2021

June 7, 2021

PACER

Reset Scheduling Order Deadlines: Discovery ends on 8/20/2021. Motions for summary judgment no later than 9/20/2021. Proposed Pretrial Order due by 9/20/2021, or within thirty days from a final ruling on any motion for summary judgment that is not dispositive of all claims advanced by the parties.(klb)

June 7, 2021

June 7, 2021

PACER

Submission of 57 Objection, to District Judge Eleanor L. Ross. (rvb)

June 9, 2021

June 9, 2021

PACER

Set Hearings: Telephonic Status Conference set for 6/15/2021 at 2:30 PM in ROME Courtroom 201 before Magistrate Judge Walter E. Johnson. (klb)

June 11, 2021

June 11, 2021

PACER
71

Minute Entry for proceedings held before Magistrate Judge Walter E. Johnson: Telephonic Status Conference held on 6/15/2021. (Tape #FTR)(klb) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
72

NOTICE to Take Deposition of Griffin Shirley filed by Gerald Lynn Bostock (Mew, Thomas) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
73

Amended NOTICE to Take Deposition of Griffin Shirley filed by Gerald Lynn Bostock (Mew, Thomas) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
74

NOTICE of Issuance of Subpoena Duces Tecum to Clayton County CASA by Gerald Lynn Bostock (Attachments: # 1 Exhibit Subpoena Duces Tecum to Clayton County CASA)(Buckley, Edward) Modified on 6/29/2021 to edit text (jpk). (Entered: 06/29/2021)

June 29, 2021

June 29, 2021

PACER
75

NOTICE of Issuance of Subpoena Duces Tecum to Friends of Clayton County CASA, Inc. by Gerald Lynn Bostock (Attachments: # 1 Exhibit Subpoena Duces Tecum to Friends of Clayton County CASA, Inc.)(Buckley, Edward) Modified on 7/2/2021 to edit text (jpk). (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER
76

NOTICE by Clayton County Intent to Serve Subpoenas for Production of Documents (Buechner, William) (Entered: 07/30/2021)

July 30, 2021

July 30, 2021

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 5, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A man fired from his job on the basis of his sexual orientation

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Clayton County (Clayton), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Gay/lesbian/transgender

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Sexual orientatation