Case: Equal Employment Opportunity Commission v. Army Sustainment, LLC

1:20-cv-00234 | U.S. District Court for the Middle District of Alabama

Filed Date: April 6, 2020

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary, while we research the case.) The EEOC brought this lawsuit against Army Sustainment on behalf of employees who the defendant deemed disabled and unable to work because they took medically necessary opioids, amphetamines, or benzodiazepines. This case is ongoing.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17101276/parties/equal-employment-opportunity-commission-v-army-sustainment-llc/


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Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17101276/equal-employment-opportunity-commission-v-army-sustainment-llc/

Last updated Feb. 22, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Army Sustainment, LLC, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(am, ) (Additional attachment(s) added on 4/20/2020: # 2 Complaint Original Ink Signature Page, # 3 Civil Cover Sheet Original Ink Signature Page) (amf, ). (Entered: 04/15/2020)

1 Civil Cover Sheet

View on PACER

2 Complaint Original Ink Signature Page

View on PACER

3 Civil Cover Sheet Original Ink Signature Page

View on PACER

April 6, 2020

April 6, 2020

RECAP

DEMAND for Trial by Jury by Equal Employment Opportunity Commission. (NO PDF - See doc 1 ) (am, )

April 6, 2020

April 6, 2020

PACER
2

NOTICE of Assignment to Magistrate Judge sent to counsel for Equal Employment Opportunity Commission. (am, ) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
3

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Equal Employment Opportunity Commission; Corporate Disclosures due by 4/27/2020. (Attachments: # 1 Standing Order)(am, ) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
4

Corporate/Conflict Disclosure Statement by Equal Employment Opportunity Commission re 3 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Rucker, Marsha) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
5

NOTICE of Appearance by Gerald Lee Miller on behalf of Equal Employment Opportunity Commission (Miller, Gerald) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
6

REQUEST FOR WAIVER of Service sent to Latoya C. Merritt and Nicholas F. Morisani, Attorneys for Army Sustainment, LLC on April 23, 2020 by Equal Employment Opportunity Commission. Waiver of Service due by 5/22/2020. (Rucker, Marsha) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
7

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Army Sustainment, LLC waiver sent on 4/23/2020, answer due 6/22/2020. (Rucker, Marsha) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
8

NOTICE of Appearance by Harriett F. Oppenheim on behalf of Equal Employment Opportunity Commission (Oppenheim, Harriett) (Additional attachment(s) added on 5/13/2020: # 1 Corrected Certificate of service) (am, ). (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
9

ANSWER to 1 Complaint, by Army Sustainment, LLC.(Morisani, Nicholas) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
10

NOTICE of Assignment to Magistrate Judge sent to counsel for Army Sustainment, LLC. (am, ) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
11

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Army Sustainment, LLC; Corporate Disclosures due by 7/6/2020. (Attachments: # 1 Standing Order & Sample)(am, ) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
12

RULE 26(f) ORDER: DIRECTING that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable but not later than 7/3/2020, as further set out in Order; DIRECTING the parties to complete the appropriate attached form so that the form is received by the Clerk on or before 6/29/2020, as further set in Order. Signed by Honorable Judge Susan Russ Walker on 6/25/2020. (am, ) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
13

Motion for LaToya C. Merritt to Appear Pro Hac Vice by Army Sustainment, LLC. (Attachments: # 1 Exhibit Certificate of Good Standing, LaToya C. Merritt)(Morisani, Nicholas) Modified on 6/29/2020 to add attorney's name (am, ). (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER

***PURSUANT TO THE 13 MOTION - Attorney LaToya Merritt for Army Sustainment, LLC added. (NO PDF attached to this entry) (am, )

June 26, 2020

June 26, 2020

PACER
14

Motion for Maria Nan Alessandra to Appear Pro Hac Vice by Army Sustainment, LLC. (Attachments: # 1 Exhibit Certificate of Good Standing)(Morisani, Nicholas) Modified on 6/30/2020 to add attorney name (am, ). (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
15

Case reassigned to Honorable Judge R. Austin Huffaker, Jr and Honorable Judge Susan Russ Walker. Honorable Judge Susan Russ Walker no longer assigned to the case as presiding judge. (djy, ) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER

***PURSUANT TO THE 14 MOTION - Attorney Maria Nan Alessandra for Army Sustainment, LLC added. (NO PDF attached to this entry) (am, )

June 29, 2020

June 29, 2020

PACER
16

NOTICE of Appearance by Kurt Sethu Fischer on behalf of Equal Employment Opportunity Commission (Fischer, Kurt) (Main Document 16 replaced on 6/30/2020 to attach a corrected PDF document to properly reflect the initials of the Presiding Judge in the case number as "RAH" and not "SRW") (amf, ). Modified on 6/30/2020 (amf, ). (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
17

Pro Hac Vice filing fee received re 13 Motion: $ 75.00, receipt number 4602058410. (amf, ) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
18

Pro Hac Vice filing fee received re 14 Motion: $ 75.00, receipt number 4602058415. (amf, ) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
19

NOTICE of Correction re 16 Notice of Appearance, to attach a corrected PDF document to properly reflect the initials of the Presiding Judge in the case number as "RAH" and not "SRW". (Attachments: # 1 Main PDF to Document 16 )(amf, ) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
20

NOTICE of Appearance by Joseph Jackson Minus, Jr on behalf of Army Sustainment, LLC (Minus, Joseph) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
21

REPORT of Rule 26(f) Planning Meeting. (Morisani, Nicholas) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
22

TEXT ORDER: It be and is hereby ORDERED that the 13 Motion for LaToya C. Merritt to Appear Pro Hac Vice be and is hereby GRANTED. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/6/2020. (NO PDF attached to this entry) (am, ) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
23

TEXT ORDER: It be and is hereby ORDERED that the 14 Motion for Maria Nan Alessandra to Appear Pro Hac Vice be and is hereby GRANTED. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/6/2020. (NO PDF attached to this entry) (am, ) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

July 6, 2020

July 6, 2020

PACER
24

UNIFORM SCHEDULING ORDER: setting a Pretrial Conference for 10/14/2021 @ 10:00 AM before Honorable Judge R. Austin Huffaker Jr., in CR 2D, FMJ US Courthouse, Montgomery, AL; DIRECTING the parties to jointly prepare a Proposed Pretrial Order on or before 10/7/2021; Jury Selection & Jury Trial set for 12/6/2021 @ 10:00 AM before Honorable Judge R. Austin Huffaker Jr. in Dothan, AL; Dispositive & Daubert Motions due by 6/2/2021; Mediation Notice due not more than 5 days after the Settlement Conference; Amendments to Pleadings due by 9/7/2020; Discovery completed by 5/17/2021, as further set out in Order. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/8/2020. (Furnished: Calendar & all CRDs)(am, ) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
25

SECOND Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Army Sustainment, LLC; Corporate Disclosures due by 7/20/2020. (Attachments: # 1 Standing Order & Sample)(am, ) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
26

Corporate/Conflict Disclosure Statement by Army Sustainment, LLC. (Morisani, Nicholas) (Additional attachment(s) added on 7/13/2020: # 1 Corrected Certificate of Service) (dmn, ). (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
27

MOTION for Leave to File First Amended Answer & Affirmative Defenses & Counterclaim by Army Sustainment, LLC. (Attachments: # 1 Exhibit A - First Amended Answer and Affirmative Defenses and Counterclaim, # 2 Exhibit B - Email regarding EEOC opposition)(Morisani, Nicholas) Modified on 9/9/2020 to clarify text as reflected in pleading(am, ). (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
28

TEXT ORDER: Plaintiff shall SHOW CAUSE on or by 9/22/2020 as to why Defendant's 27 Motion for Leave should not be granted. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/9/2020. (NO PDF attached to this entry)(am, ) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER

Order to Show Cause

Sept. 9, 2020

Sept. 9, 2020

PACER
29

Joint MOTION for Extension of Time to file Joint Proposed Plan for Discovery Related to Production of ESI by Army Sustainment, LLC & Equal Employment Opportunity Commission. (Morisani, Nicholas) Modified on 9/15/2020 to add join filer (am, ). (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
30

TEXT ORDER: The 29 Joint Motion for Extension of Time is GRANTED in part; The parties shall file their proposed plan for ESI discovery on or by 10/16/2020; The Motion is DENIED in all other respects. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/15/2020. (NO PDF attached to this entry) (am, ) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER

Order on Motion for Extension of Deadline

Sept. 15, 2020

Sept. 15, 2020

PACER
31

NOTICE of Appearance by James Joseph DuBois on behalf of Equal Employment Opportunity Commission (DuBois, James) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
32

RESPONSE TO 28 ORDER TO SHOW CAUSE by Equal Employment Opportunity Commission. (DuBois, James) Modified on 9/22/2020 to add linkage(am, ). (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER

NOTICE of No Opposition re: 27 Motion for Leave to Amend by Equal Employment Opportunity Commission. (NO PDF - See doc 32 ) (am, )

Sept. 22, 2020

Sept. 22, 2020

PACER
33

TEXT ORDER: There being no objection (see Doc. 32 ), the Defendant's Motion for Leave (Doc. 27 ) is GRANTED. The Defendant shall filed its First Amended Answer and Affirmative Defenses and Counterclaim on or by September 29, 2020. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/22/2020. (dmn, ) (no pdf) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER

~Util - Set Deadlines AND Order

Sept. 22, 2020

Sept. 22, 2020

PACER
34

AMENDED ANSWER to 1 Complaint,, COUNTERCLAIM against Equal Employment Opportunity Commission by Army Sustainment, LLC. (Attachments: # 1 Exhibit 1 - 4.7.20 EEOC Request re: Nolin, # 2 Exhibit 2 - 4.7.20 (II) EEOC Request re: Nolin, # 3 Exhibit 3 - 4.7.20 EEOC Request re: Simmons, # 4 Exhibit 4 - 4.7.20 (II) EEOC Request re: Simmons, # 5 Exhibit 5 - EEOC Denial, Nolin, # 6 Exhibit 6 - EEOC Denial, Simmons, # 7 Exhibit 7 - 7.27.20 Acknowledgement of Receipt of Appeals, # 8 Exhibit 8 - 7.30.20 Denial of Appeals, # 9 Exhibit 9 - 7.30.20 (II) Denial of Appeals)(Merritt, Latoya) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
35

Joint MOTION for Extension of Time to File Joint Proposed Plan for Discovery Related to Production of ESI by Army Sustainment, LLC & Equal Employment Opportunity Commission. (Merritt, Latoya) Modified on 10/16/2020 to add joint filer (am, ). (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER
36

TEXT ORDER: The parties' 35 Joint Motion for Extension of Time is GRANTED; The parties shall file their proposed ESI discovery plan on or by 10/30/2020. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/16/2020. (NO PDF attached to this entry) (am, ) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER

Order on Motion for Extension of Time to File

Oct. 16, 2020

Oct. 16, 2020

PACER
37

NOTICE of Appearance by Samantha R. Miller on behalf of Equal Employment Opportunity Commission (Miller, Samantha) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
38

MOTION for an Extension by Equal Employment Opportunity Commission. (Miller, Samantha) Modified on 10/26/2020 to clarify text as reflected in pleading (am, ). (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
39

TEXT ORDER: Plaintiff's 38 Motion for Extension is granted; Plaintiff shall file its response to the Counterclaim on or by 11/12/2020. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/26/2020. (NO PDF attached to this entry) (am, ) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER

Order on Motion for Extension of Time to File Response/Reply

Oct. 26, 2020

Oct. 26, 2020

PACER
40

NOTICE of Appearance by Carl Chang on behalf of Equal Employment Opportunity Commission (Chang, Carl) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER
41

Joint Proposed Stipulation & Order for Discovery Relating to ESI by Equal Employment Opportunity Commission. (Fischer, Kurt) (Main Document 41 replaced on 11/2/2020) (am, ). Modified on to correct main pdf document previously attached by e-filer & add joint filer 11/2/2020 (am, ). (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
43

Motion for Admission of Matthew S. Panach Pro Hac Vice by Army Sustainment, LLC.(Filing fee $75.00 receipt number 4602060036.) (Attachments: # 1 State Certificate of Good Standing, # 2 Receipt, # 3 Text of Proposed Order)(am, ) (Additional attachment(s) added on 11/5/2020: # 4 USDC Certificate of Good Standing) (cwl, ). (Entered: 11/03/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
44

Motion for Admission of James Jeremy Tubb Pro Hac Vice by Army Sustainment, LLC. (Filing fee $75.00 receipt number 4602060035.) (Attachments: # 1 State Certificate of Good Standing, # 2 Receipt, # 3 Text of Proposed Order)(am, ) (Additional attachment(s) added on 11/5/2020: # 4 USDC Certificate of Good Standing) (cwl, ). (Entered: 11/04/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
42

NOTICE of Correction re 41 Joint Proposed Stipulation to correct main pdf document previously attached by e-filer. (Attachments: # 1 Corrected Main Document 41 )(am, ) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
45

Second MOTION for Extension of Time to File Answer by Equal Employment Opportunity Commission. (Miller, Samantha) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER
46

TEXT ORDER: It be and is hereby ORDERED that the 43 Motion for Matthew S. Panach to Appear Pro Hac Vice be and is hereby GRANTED. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/9/2020. (dmn, ) (no pdf) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER
47

TEXT ORDER: It be and is hereby ORDERED that the Motion (Doc. 44 ) for James Jeremy Tubb to Appear Pro Hac Vice be and is hereby GRANTED. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/9/2020. (dmn, ) (no pdf) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Nov. 9, 2020

Nov. 9, 2020

PACER
48

TEXT ORDER: Plaintiff's 45 unopposed Second Motion for an Extension is GRANTED; Plaintiff shall file a response to the Counterclaim on or by 12/12/2020. Signed by Honorable Judge R. Austin Huffaker, Jr on 11/10/2020. (NO PDF attached to this entry) (am, ) (Entered: 11/10/2020)

Nov. 10, 2020

Nov. 10, 2020

PACER
49

Third MOTION for Extension of Time to File Answer by Equal Employment Opportunity Commission. (Miller, Samantha) (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER
50

TEXT ORDER: Plaintiff's 49 unopposed Motion for Extension is GRANTED. Plaintiff shall file its response to the counterclaim on or by 1/12/2021. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/9/2020. (No pdf attached to this entry) (wcl, ) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER

Order on Motion for Extension of Time to Answer

Dec. 9, 2020

Dec. 9, 2020

PACER
51

Fourth MOTION for Extension of Time to File Answer by Equal Employment Opportunity Commission. (Miller, Samantha) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
52

ORDER granting 51 Fourth Motion for an Extension from 1/12/2021, to 2/1/2021 to file its response to Dft's 34 First Amended Answer and Affirmative Defenses and Counterclaim; The Court additionally reminds the parties of the Middle District's Voluntary Mediation Program, as further set out in order. Signed by Honorable Judge R. Austin Huffaker, Jr on 1/11/2021. (wcl, ) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
53

ANSWER to 34 Counterclaim, by Equal Employment Opportunity Commission.(Miller, Samantha) Modified on 2/1/2021 to clarify the docket text (wcl, ). (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

PACER
54

Joint MOTION for Extension of Remaining Deadlines by Equal Employment Opportunity Commission, Army Sustainment, LLC. (Oppenheim, Harriett) Modified on 2/16/2021 to add as also filed on behalf of def & to clarify text (cwl, ). (Entered: 02/15/2021)

Feb. 15, 2021

Feb. 15, 2021

PACER
55

AMENDED SCHEDULING ORDER: Granting 54 Joint Motion to Extend Remaining Deadlines; Final Pretrial Conference set before Honorable Judge R. Austin Huffaker Jr., for 1/20/2022 at 3:00 PM in CR 2D, the FMJ U.S. Courthouse, Montgomery, AL; Proposed Pretrial Order due by 1/13/2022; Jury Trial set before Honorable Judge R. Austin Huffaker Jr. for 3/14/2022 at 10:00 AM in Dothan, AL; Discovery due by 8/23/2021; dispositive & daubert Motions due by 9/22/2021; Mediation Notice due by 8/28/2021, as further set out in oder. In all other respects, the Uniform Scheduling Order, (Doc. 24 ), shall continue to govern the parties in this action. Signed by Honorable Judge R. Austin Huffaker, Jr on 2/17/2021. (furn: DH, calendar) (term: PTC 10/14/2021; JT 12/06/2021)(cwl, ) (Entered: 02/17/2021)

Feb. 17, 2021

Feb. 17, 2021

PACER
56

Objection to Plaintiff's Expert Witness Disclosure filed by Army Sustainment, LLC. (Tubb, James) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

PACER
57

Agreed MOTION to Extend Defendant's Expert Report Deadline by Army Sustainment, LLC. (Tubb, James) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

PACER
58

TEXT ORDER: Defendant's Agreed Motion to Extend (Doc. 57 ) is granted. The deadline for the Defendant to disclose experts is extended from May 17, 2021 to June 16, 2021. Signed by Honorable Judge R. Austin Huffaker, Jr on 5/11/2021. (No pdf attached to this entry) (cwl, ) (Entered: 05/11/2021)

May 11, 2021

May 11, 2021

PACER

Order on Motion for Extension of Deadline

May 11, 2021

May 11, 2021

PACER
59

MOTION for LaToya C. Merritt to Withdraw as Attorney by Army Sustainment, LLC. (Merritt, Latoya) Modified on 5/20/2021 to add attorney name (cwl, ). (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

PACER
60

MOTION for Nicholas F. Morisani to Withdraw as Attorney by Army Sustainment, LLC. (Morisani, Nicholas) Modified on 5/20/2021 to add attorney name (cwl, ). (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

PACER
61

MOTION for Maria Nan Alessandra to Withdraw as Attorney by Army Sustainment, LLC. (Alessandra, Maria) Modified on 5/20/2021 to add attorney name (cwl, ). (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

PACER
62

MOTION to Quash Subpoena, MOTION to Modify Subpoena, MOTION for Protective Order by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A - Notice of Deposition of Dr. Yarborough, # 2 Exhibit B - EEOC's Request to Modify Subpoena, # 3 Exhibit C - Letter to EEOC re Yarborough Deposition, # 4 Exhibit D - State of Maryland Executive Order 5-12-21)(Oppenheim, Harriett) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

PACER
63

Objection to re 62 MOTION to Quash Subpoena MOTION to Modify Subpoena MOTION for Protective Order filed by Army Sustainment, LLC. (Tubb, James) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER

BRIEF in Support re 63 Objection filed by Army Sustainment, LLC. (NO pdf attached to this entry - see doc 63 for pdf) (cwl, )

May 26, 2021

May 26, 2021

PACER
64

TEXT ORDER: granting 61 Motion for Maria Nan Alessandra to Withdraw as Attorney. Signed by Honorable Judge R. Austin Huffaker, Jr on 5/27/2021. (No pdf attached to this entry) (cwl, ) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER

*** PURSUANT TO THE COURT'S 64 TEXT ORDER - Attorney Maria Nan Alessandra terminated. (No pdf attached to this entry) (cwl, )

May 27, 2021

May 27, 2021

PACER
65

TEXT ORDER: granting 60 Motion for Nicholas F. Morisani to Withdraw as Attorney. Signed by Honorable Judge R. Austin Huffaker, Jr on 5/27/2021. (No pdf attached to this entry) (cwl, ) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER

***PURSUANT TO THE 65 TEXT ORDER - Attorney Nicholas Francis Morisani terminated. (NO pdf attached to this entry) (cwl, )

May 27, 2021

May 27, 2021

PACER
66

TEXT ORDER: granting 59 Motion for LaToya C. Merritt to Withdraw as Attorney. Signed by Honorable Judge R. Austin Huffaker, Jr on 5/27/2021. (NO pdf attached to this entry) (cwl, ) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER

***PURSUANT TO THE COURT'S 66 TEXT ORDER - Attorney Latoya Merritt terminated. (NO pdf attached to this entry) (cwl, )

May 27, 2021

May 27, 2021

PACER

Order on Motion to Withdraw as Attorney

May 27, 2021

May 27, 2021

PACER
67

ORDER: it is ORDERED as follows: (1) Plf's counsel is DIRECTED to contact defs' counsel on or before Friday, 6/4/2021, and the parties shall confer by telephone or videoconference, or in person (if that can be done safely), in a good faith effort to resolve or narrow their points of dispute without the need for court involvement. (2) Should the parties be unable to resolve this dispute in its entirety, they shall file a joint written notice by noon on Monday, 6/7/2021, which sets out the issues remaining for resolution and the parties' respective positions on those issues. The issues should be explained clearly, with supporting authority. (3) Alternatively, if the parties resolve the disputes in their entirety, they shall file a joint written notice to that effect by noon on Monday, 6/7/2021, as further set out in order. Signed by Honorable Judge Susan Russ Walker on 6/3/2021. (cwl, ) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
68

Joint NOTICE of Motion to Quash Subpoena, Motion to Modify Subpoena, and Motion for Protective Order as Moot by Equal Employment Opportunity Commission, Army Sustainment, LLC (Oppenheim, Harriett) Modified on 6/7/2021 to clarify text & add joint filer (cwl, ). (Entered: 06/04/2021)

June 4, 2021

June 4, 2021

PACER
69

ORDER: it is ORDERED that the motion to quash and modify subpoena and motion for protective order (Doc. 62 ) is DENIED as MOOT. Signed by Honorable Judge Susan Russ Walker on 6/9/2021. (cwl, ) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
70

Joint MOTION for Protective Order by Equal Employment Opportunity Commission, Army Sustainment, LLC. (Attachments: # 1 1 - Proposed Protective Order)(Oppenheim, Harriett) Modified on 6/17/2021 to add joint filer (cwl, ). (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER
71

PROTECTIVE ORDER: it is ORDERED that the joint motion for entry of a protective order (Doc. 70 ) is GRANTED, as further set out in order. Signed by Honorable Judge Susan Russ Walker on 6/22/2021. (cwl, ) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

PACER
72

MOTION to Extend Discovery and Related Deadlines (Unopposed) by Equal Employment Opportunity Commission. (Oppenheim, Harriett) Modified on 7/8/2021 correct mtn event & clarify text (cwl, ). (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
73

SECOND AMENDED SCHEDULING ORDER:, it is ORDERED that the Motion (Doc. 72 ) is GRANTED. Accordingly, the Amended Scheduling Order (Doc. 55 ) is further AMENDED as follows: Final Pretrial Conference set before Honorable Judge R. Austin Huffaker Jr., for 5/5/2022 at 3:00 PM in Courtroom 2D, the FMJ, Jr. U.S. Courthouse, Montgomery, AL; Proposed Pretrial Order due by 4/28/2022; jury selection and trial during the term of court commencing on 6/27/2022, at 10:00 a.m. in DOTHAN, AL; Discovery due by 10/8/2021; dispositive & daubert Motions due by 11/8/2021; Mediation Notice due by 9/15/2021, as further set out in order. In all other respects, the Amended Scheduling Order (Doc. 55 ) and Uniform Scheduling Order (Doc. 24 ) shall continue to govern the parties in this action. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/8/2021. (furn calendar, dh) (term: PTC 1/20/2022; JT 3/14/2022) (cwl, ) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
74

MOTION to Compel Damages Calculations and Verified Interrogatory Responses by Army Sustainment, LLC. (Attachments: # 1 Exhibit 1 - Dr. Charles Yarborough Deposition Transcript Excerpts, # 2 Exhibit 2 - EEOC-Initial Disclosures, # 3 Exhibit 3 - 2021-02-11 AFS Rule 26 Supplementation Request to EEOC, # 4 Exhibit 4 - 2021-03-11 EEOC's Responses and Objections to Def's First Set of Interrogatories, # 5 Exhibit 5 - 2021-04-26 LF EEOC-Resp Def's 04-05-21 LT, # 6 Exhibit 6 - 2021-06-11 EEOC's Supplemental Responses to Def's First Interrogatories, # 7 Exhibit 7 - Verifications)(Tubb, James) Modified on 8/2/2021 (amf, ). (Entered: 07/30/2021)

July 30, 2021

July 30, 2021

PACER
75

RESPONSE in Opposition re 74 MOTION to Compel Damages Calculations and Verified Interrogatory Responses filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Chang, Carl) (Entered: 08/13/2021)

Aug. 13, 2021

Aug. 13, 2021

PACER
76

ORDER re 74 MOTION to Compel Damages Calculations and Verified Interrogatory Responses; it is ORDERED as follows: (1) Plf's counsel is DIRECTED to contact dfts' counsel on or before Monday, 8/23/2021, and the parties shall confer by telephone or videoconference, or in person (if that can be done safely), in a good faith effort to resolve or narrow their points of dispute without the need for court involvement; (2) Should the parties be unable to resolve this dispute in its entirety, they shall file a joint written notice by noon on Wednesday, 8/25/2021, which sets out the issues remaining for resolution and the parties' respective positions on those issues. The issues should be explained clearly, with supporting authority; (3) Alternatively, if the parties resolve the disputes in their entirety, they shall file a joint written notice to that effect by noon on Wednesday, 8/25/2021, as further set out in order. Signed by Honorable Judge Susan Russ Walker on 8/17/2021. (wcl, ) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
77

MOTION for Protective Order Regarding Rule 30(b)(6) Deposition by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit AFS Notice of EEOC 30(b)(6) Deposition of EEOC, # 2 Exhibit Email Correspondence from Defendant to EEOC, dated July 15, 2021, # 3 Exhibit Discovery Conference Agenda 8-13-21, # 4 Exhibit Privilege Log 11.11.20)(Oppenheim, Harriett) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
78

BRIEF/MEMORANDUM in Support re 77 MOTION for Protective Order Regarding Rule 30(b)(6) Deposition filed by Equal Employment Opportunity Commission. (Oppenheim, Harriett) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
79

Joint MOTION for Extension of Deadline for filing a Joint Notice of Resolution to Discovery Dispute by Equal Employment Opportunity Commission, Army Sustainment, LLC. (Chang, Carl) Modified on 8/26/2021 to add joint filer (cwl, ). (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
80

TEXT ORDER: granting 79 Joint MOTION for Extension of Deadline for filing a Joint Notice of Resolution to Discovery Dispute. Signed by Honorable Judge Susan Russ Walker on 8/27/2021. (No pdf attached to this entry) (cwl, ) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

PACER
81

NOTICE of Joint Notice of Resolution of Defendant's Motion to Compel by Equal Employment Opportunity Commission, Army Sustainment, LLC (Chang, Carl) Modified on 8/30/2021 to add joint filer & clarify text (cwl, ). (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

PACER
82

Joint MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission, Army Sustainment, LLC. (Chang, Carl) Modified on 8/30/2021 to add joint filer (cwl, ). (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Equal Employment

Key Dates

Filing Date: April 6, 2020

Case Ongoing: Yes

Case Details

Available Documents:

Trial Court Docket