Case: EEOC v. C.P. SHADES, INC.

EEOC v. Shades

Carly Knight, Frank Dobbin, Alexandra Kalev

CASE REFERRED to Mag Judge Alan J. Baverman (Calendar sheets forwarded) (adg) (Entered: 04/02/2001)

SUBMITTED to Mag Judge Alan J. Baverman on [2-1] motion to intervene. (adg) (Entered: 06/18/2001)

SUBMITTED to Mag Judge Alan J. Baverman on [5-1] order. (adg) (Entered: 07/10/2001)

ENDORSED ORDER by Mag Judge Alan J. Baverman APPROVING [11-1] preliminary statement (cc) (adg) (Entered: 07/31/2001)

Proposed consent order by parties extending general motions deadline set forth in preliminary report and discovery schedule. (to AJB) (adg) (Entered: 08/16/2001)

Proposed consent order extending time for parties to respond to discovery requests by plaintiff and defendant. (to AJB) (adg) (Entered: 09/17/2001)

SUBMITTED to Mag Judge Alan J. Baverman on [18-1] motion to stay judicial proceedings, [19-1] motion to compel arbitration, [19-2] motion to stay judicial proceedings and [19-3] motion for partial dismissal (adg) (Entered: 09/17/2001)

Proposed consent protective order by parties. (to AJB) (adg) (Entered: 10/09/2001)

SUBMITTED to Mag Judge Alan J. Baverman on [33-1] motion for leave to file motion to stay judicial proceedings based on court-ordered liquidation of dft's insurer and request for expedited briefing schedule. (File in chambers) (adg) (Entered: 10/24/2001)

SUBMITTED to Mag Judge Alan J. Baverman on [41-1] motion to stay proceedings based on court-ordered liquidation of defendant's insurer. (File in chambers) (adg) (Entered: 11/05/2001)

SUBMITTED to Judge J. O. Forrester on [45-1] report & recommendation, [19-1] motion to compel arbitration, [19-2] motion to stay judicial proceedings, [19-3] motion for partial dismissal (adg) (Entered: 12/18/2001)

ENDORSED ORDER by Judge J. O. Forrester APPROVING [49-1] stipulation by Annette Roberson, C. P. Shades and Equal Employment (cc) (adg) (Entered: 01/11/2002)

Completed referral to Mag Judge Alan J. Baverman (adg) (Entered: 03/08/2002)

Case terminated. (adg) (Entered: 03/08/2002)

Proposed consent decree. (to JOF) (ck) (Entered: 03/14/2002)

Proposed joint stipulation of dismissal with prejudice in accordance w/consent decree by parties. (to JOF) (adg) (Entered: 03/28/2002)

COMPLAINT with Jury Demand filed by Dianti Early. (Filing fee $402.00, receipt number AGANDC-11618124) (Attachments: # 1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 02/25/2022)

Electronic Summons Issued as to John Mays. (eop) (Entered: 02/25/2022)

COURT'S NOTICE Of Filing INSTRUCTIONS FOR CASES ASSIGNED TO THE HONORABLE STEVE C. JONES. (pdw) (Entered: 03/14/2022)

AFFIDAVIT of Service for Complaint and Summons served on 3/24/22, as to John Mays. (Miller, Tanya) (Entered: 03/25/2022)

ANSWER to 1 COMPLAINT with Jury Demand by John Mays. Discovery ends on 9/12/2022.(Bennett, Matthew) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 04/13/2022)

Certificate of Interested Persons by John Mays. (Bennett, Matthew) (Entered: 04/13/2022)

JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by John Mays. (Bennett, Matthew) (Entered: 04/29/2022)

SCHEDULING ORDER approving the 7 Joint Preliminary Report and Discovery Plan Discovery ends on 11/12/2022. Proposed Pretrial Order due by 12/11/2022. If a motion for summary judgment is filed, the proposed consolidated pretrial order must be filed within 30 days after this Courts ruling thereon. If neither motion(s) for summary judgment nor the proposed pretrial order are timely filed, the Clerk is directed to submit this matter for the Court for consideration. Signed by Judge Steve C. Jones on 05/09/2022. (rsg) (Entered: 05/09/2022)

CERTIFICATE OF SERVICE of Discovery by John Mays.(Bennett, Matthew) (Entered: 06/29/2022)

Initial Disclosures by Dianti Early.(Miller, Tanya) (Entered: 07/05/2022)

Initial Disclosures by John Mays.(Bennett, Matthew) (Entered: 07/05/2022)

Notice for Leave of Absence for the following date(s): 7/28/22 - 8/3/22, 10/3/22 - 10/7/22, 10/17/22 - 10/28/22, 11/21/22 - 11/23/22, 12/23/22 - 12/30/22, 01/09/23 - 04/07/23, by Tanya F. Miller. (Miller, Tanya) (Entered: 07/14/2022)

CERTIFICATE OF SERVICE of Discovery by Dianti Early.(Miller, Tanya) (Entered: 07/19/2022)

CERTIFICATE OF SERVICE of Plaintiff's Responses to Defendant's Discovery Requests by Dianti Early.(Miller, Tanya) (Entered: 07/28/2022)

NOTICE to Take Deposition of John Mays filed by Dianti Early (Miller, Tanya) (Entered: 08/05/2022)

NOTICE to Take Deposition of Dianti Early filed by John Mays (Bennett, Matthew) (Entered: 08/08/2022)

NOTICE by John Mays of Serving Subpoenas (Bennett, Matthew) (Entered: 08/15/2022)

CERTIFICATE OF SERVICE Rule 26.3 by John Mays.(Bennett, Matthew) (Entered: 08/18/2022)

Joint MOTION for Extension of Time to Complete Discovery by Dianti Early. (Attachments: # 1 Text of Proposed Order Proposed Order)(Miller, Tanya) (Entered: 09/28/2022)

ORDER granting 19 Motion for Extension of Time to Complete Discovery. Discovery ends on 1/13/2023. Dispositive Motions due by 2/13/2023. Signed by Judge Steve C. Jones on 09/28/2022. (rsg) (Entered: 09/28/2022)

First NOTICE to Take Deposition of Union City Police Department filed by Dianti Early (Miller, Tanya) (Entered: 10/20/2022)

Second NOTICE to Take Deposition of Union City Police Department filed by Dianti Early (Miller, Tanya) (Entered: 10/28/2022)

NOTICE to Take Deposition of Ofc. John Mays filed by Dianti Early (Miller, Tanya) (Entered: 11/02/2022)

NOTICE to Take Deposition of Sgt. Francisco Cedeno filed by Dianti Early (Miller, Tanya) (Entered: 11/03/2022)

NOTICE to Take Deposition of Ofc. Barry Walker filed by Dianti Early (Miller, Tanya) (Entered: 11/03/2022)

NOTICE by Dianti Early of Serving of Subpoena (Miller, Tanya) (Entered: 11/08/2022)

NOTICE by Dianti Early of Service of Subpoenas (Miller, Tanya) (Entered: 11/10/2022)

NOTICE to Take Deposition of Dianti Early filed by John Mays (Bennett, Matthew) (Entered: 11/14/2022)

CERTIFICATE OF SERVICE of Supplemental Discovery by Dianti Early.(Miller, Tanya) (Entered: 11/25/2022)

NOTICE to Take Deposition of Justin Whitehead filed by John Mays (Bennett, Matthew) (Entered: 12/30/2022)

NOTICE to Take Deposition of Chianti Brown filed by John Mays (Bennett, Matthew) (Entered: 12/30/2022)

CERTIFICATE OF SERVICE Supplemental Discovery by Dianti Early.(Miller, Tanya) (Entered: 01/03/2023)

Joint MOTION for Extension of Time to Complete Discovery by John Mays. (Attachments: # 1 Text of Proposed Order)(Bennett, Matthew) (Entered: 01/03/2023)

ORDER granting the parties' 33 Joint Motion for Extension of Time to Complete Discovery. The discovery period in this case shall run until March 31, 2023. The deadline for filing dispositive motions shall be May 1, 2023. Signed by Judge Steve C. Jones on 01/11/2023. (ddm) (Entered: 01/11/2023)

NOTICE by John Mays of Serving Subpoena (Bennett, Matthew) (Entered: 02/10/2023)

Disclosure of Michael Maceroli, MD as a Not Retained or Specially Employed for Litigation Expert filed by Dianti Early.(Miller, Tanya) Modified on 2/27/2023 to edit docket entry (ddm). (Entered: 02/27/2023)

NOTICE by John Mays Of Identification of Expert Witness (Bennett, Matthew) (Entered: 03/23/2023)

CERTIFICATE OF SERVICE of Supplemental Discovery Responses by John Mays.(Bennett, Matthew) (Entered: 03/23/2023)

MOTION for Extension of Time to Complete Discovery by John Mays. (Bennett, Matthew) (Entered: 03/31/2023)

ORDER GRANTING 39 Defendant's Motion for Extension of Time to Complete Discovery or orders that discovery in this case be extended until June 1, 2023 for the limited purposes of Plaintiff being able to depose Defendant's disclosed expert and to name any rebuttal expert, if desired. If Plaintiff submits a rebuttal expert, then Defendant shall also be allowed opportunity to depose Plaintiff's rebuttal expert. The Court DENIES Defendant's request for an opportunity to cure his designated expert's report. Following the expiration of this extended discovery period, the Parties must comply with the original scheduling order's deadlines for submitting dispositive motions or the consolidated proposed pretrial order. Signed by Judge Steve C. Jones on 04/24/2023. (ddm) (Entered: 04/24/2023)

Minute Entry for proceedings held before Judge Steve C. Jones: Discovery dispute conference held via Zoom on 4/24/2023. (Court Reporter Denise Stewart)(ddm) (Entered: 04/24/2023)

NOTICE to Take Deposition of Dr. C. Thomas Hopkins filed by Dianti Early (Attachments: # 1 Exhibit Exhibit A)(Miller, Tanya) (Entered: 05/31/2023)

Fourth MOTION for Extension of Time to Complete Discovery by Dianti Early. (Attachments: # 1 Text of Proposed Order)(Miller, Tanya) (Entered: 06/09/2023)

1 Text of Proposed Order

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DOCKET ORDER denying 43 Fourth Motion for Extension of Time to Complete Discovery. Entered by Judge Steve C. Jones on 6/10/2023. (pdw)

NOTICE by John Mays Leave of Absence (Bennett, Matthew) (Entered: 07/03/2023)

MOTION for Summary Judgment with Brief In Support by John Mays. (Attachments: # 1 Brief In Support of Motion for Summary Judgment, # 2 Statement of Material Facts, # 3 Exhibit 1-Excerpts from Dep. John Mays, # 4 Exhibit 2-Excerpts from Dep. Franciso Cedeno, # 5 Exhibit 3-Excerpts from Dep. Justing Whitehead, # 6 Exhibit 4 Excepts from Dep. Dianti Early, # 7 Exhibit 5-Excerpts from Dep. Barry Walker, # 8 Exhibit 6-Exceprt from Dep. Union City, # 9 Exhibit Fulton County 911 Dispatch, # 10 Exhibit 7-10 Electronic Media, # 11 Exhibit Indictment and Dismissal of Criminal Charges, # 12 Exhibit Plaintiff's Discovery Responses)(Bennett, Matthew) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 07/03/2023)

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Notice of Filing Electronic Media by John Mays in re 45 MOTION for Summary Judgment. (Bennett, Matthew) Modified on 7/5/2023 to edit docket text (ddm). (Entered: 07/03/2023)

Request to File Original Discovery by John Mays.(Bennett, Matthew) (Entered: 07/03/2023)

DEPOSITION of Dianti Early taken on 11/18/2022 by John Mays.(Bennett, Matthew) (Entered: 07/03/2023)

DEPOSITION of Justin Whitehead taken on 1/6/2023 by John Mays.(Bennett, Matthew) (Entered: 07/03/2023)

RECEIPT OF MANUAL FILING: 1 CD (silver) received in Atlanta Division re 46 Notice of Filing Electronic Media. CD scanned by IT Department and placed inthe receptacle for filing by the Records Department. (dnb)

Unopposed MOTION for Extension of Time to File Response to Defendant's Motion for Summary Judgment re: 45 MOTION for Summary Judgment to August 7, 2023 by Dianti Early. (Miller, Tanya) (Entered: 07/24/2023)

DOCKET ORDER granting 50 Plaintiff's Motion for Extension of Time to August 7, 2023 to file opposition to 45 MOTION for Summary Judgment . The parties are reminded that all joint/consent motions must be accompanied by a proposed order pursuant to this Court's 3 Instructions. Entered by Judge Steve C. Jones on 7/24/2023. (pdw)

RESPONSE in Opposition re 45 MOTION for Summary Judgment filed by Dianti Early. (Attachments: # 1 Statement of Material Facts, # 2 Exhibit Deposition of D. Early, # 3 Exhibit Deposition of J. Mays, # 4 Exhibit Deposition of Cedeno, # 5 Exhibit Deposition of Lt. Pittman)(Miller, Tanya) (Entered: 08/07/2023)

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NOTICE Of Filing by Dianti Early re 51 Response in Opposition to Motion, (Miller, Tanya) (Entered: 08/08/2023)

RECEIPT OF MANUAL FILING: 1 USB (black and silver) received in Atlanta Division re 52 Notice of Filing Electronic Media. USB scanned by IT Department and placed inthe receptacle for filing by the Records Department. (dnb)

Unopposed MOTION for Extension of Time File Reply Brief re: 45 MOTION for Summary Judgment by John Mays. (Attachments: # 1 Text of Proposed Order)(Bennett, Matthew) (Entered: 08/17/2023)

ORDER granting 53 Defendant's Unopposed Motion for a 14-day Extension to File his Reply Brief. The Defendant shall have until September 5, 2023, to file his reply brief. Signed by Judge Steve C. Jones on 08/18/2023. (ddm) (Entered: 08/18/2023)

REPLY BRIEF re 45 MOTION for Summary Judgment filed by John Mays. (Attachments: # 1 Response to Plaintiff's Counter Statement of Material Facts)(Bennett, Matthew) (Entered: 09/05/2023)

Submission of 45 MOTION for Summary Judgment, to District Judge Steve C. Jones. (pdw)

COURT'S NOTICE Of Filing REVISED Instructions for Cases Assigned to the Honorable Steve C. Jones.(pdw) (Entered: 11/22/2023)

ORDER directing that the Party in custody of the originals of the depositions referenced in the Request to File Original Discovery 47 file the entire depositions by 5:00 PM on March 14, 2024. Signed by Judge Steve C. Jones on 03/13/2024. (ddm) (Entered: 03/13/2024)

DEPOSITION of John Mays taken on 11/9/2022 by John Mays.(Bennett, Matthew) (Entered: 03/15/2024)

DEPOSITION of Barry Walker taken on 11/8/2022 by John Mays.(Bennett, Matthew) (Entered: 03/15/2024)

DEPOSITION of Union City, Georgia taken on 11/7/2022 by John Mays.(Bennett, Matthew) (Entered: 03/15/2024)

DEPOSITION of Francisco Cedeno taken on 11/8/2022 by John Mays.(Bennett, Matthew) (Entered: 03/15/2024)

DEPOSITION of John Mays taken on 11/9/2022 by John Mays.(Bennett, Matthew) (Entered: 03/15/2024)

NOTICE by John Mays re 58 Deposition Filed in Error (Incorrect Name and replaced by Doc. 62) (Bennett, Matthew) (Entered: 03/15/2024)

NOTICE Of Filing Reflied Electronic Media by John Mays re 46 Notice (Other), 45 MOTION for Summary Judgment (Bennett, Matthew) (Entered: 03/18/2024)

ORDER GRANTING IN PART AND DENYING IN PART Defendant's Motion for Summary Judgment (Doc. No. 45 ). Specifically, Defendant's Motion is DENIED as to Count I (Excessive Force) of the Complaint and GRANTED as to Counts It III, and IV. Moreover, to the extent Plaintiff seeks to assert a claim for deliberate indifference to medical needs (under Count I), Plaintiff has forfeited the claim by his failure to respond to Defendant's argument on that point. As Count I (Excessive Force) remains pending, the Parties' Joint Pre-trial Order shall be due no later than 30 days after the entry of this Order. Signed by Judge Steve C. Jones on 03/20/2024. (ddm) (Entered: 03/21/2024)

RECEIPT OF MANUAL FILING: 1 CD received in Atlanta Division re 64 Notice of Filing Reflied Electronic Media. CD scanned by IT Department and placed in the receptacle for filing by the Records Department. (dnb)

Joint MOTION to Stay, Joint MOTION for Extension of Time to Extend Time to file Proposed Pretrial Order by John Mays. (Attachments: # 1 Text of Proposed Order)(Bennett, Matthew) (Entered: 04/08/2024)

DOCKET ORDER denying 66 Joint Motion to Stay Proceedings and Extend Time to File Pretrial Order Until Parties Have Mediated Case. The parties are again ORDERED to file the proposed consolidated pretrial order no later than April 20, 2024. Entered by Judge Steve C. Jones on 4/08/2024. (pdw)

Proposed Pretrial Order by Dianti Early. (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B1, # 3 Exhibit Attachment B2, # 4 Exhibit Attachment C, # 5 Exhibit Attachment D, # 6 Exhibit Attachment E, # 7 Exhibit Attachment F1, # 8 Exhibit Attachment F2, # 9 Exhibit Attachment G1, # 10 Exhibit Attachment G2, # 11 Exhibit Attachment I2)(Miller, Tanya) (Entered: 04/22/2024)

NOTICE of Hearing: Pretrial Conference set for 7/3/2024 at 03:30 PM in ATLA Courtroom 1907 before Judge Steve C. Jones. (pdw)

Petition for Leave of Absence for the following date(s): 7/5/24-8/2/24, by Tanya F. Miller. (Attachments: # 1 Exhibit proposed order)(Miller, Tanya) (Entered: 06/21/2024)

NOTICE of Appearance by Jeffrey Filipovits on behalf of Dianti Early (Filipovits, Jeffrey) (Entered: 07/02/2024)

NOTICE setting Trial: Jury Trial set for 10/22/2024 (second case) at 09:30 AM in ATLA Courtroom 1907 before Judge Steve C. Jones. (Attachments: # 1 Civil Trial Outline, # 2 General Instructions)(pdw) (Entered: 07/03/2024)

Minute Entry for proceedings held before Judge Steve C. Jones: Pretrial Conference held on 7/3/2024. The Court advised counsel regarding voir dire, jury selection, and trial procedures. (Court Reporter Viola Zborowski)(ddm) (Entered: 07/03/2024)

CONSOLIDATED PRETRIAL ORDER. Signed by Judge Steve C. Jones on 07/05/2024. (ddm) (Entered: 07/08/2024)

NOTICE Of Filing by Dianti Early of Rebuttal Expert for Use at Trial (Attachments: # 1 Exhibit CV of Dr. Foster, # 2 Exhibit Dr. Foster Report, # 3 Exhibit Dr. Foster Trials and Depositions)(Miller, Tanya) (Entered: 07/15/2024)

Notice for Leave of Absence for the following date(s): 8/22/2024 - 8/30/2024; 9/19/2024-9/20/2024; 10/14/2024-10/18/2024; 11/15/2024-11/18/2024; 11/22/2024-12/3/2024; 12/20/2024-1/6/2025; 2/10/2025-2/14/2025, by Matthew Herbert Bennett. (Bennett, Matthew) (Entered: 07/29/2024)

MOTION to Exclude Rebuttal Expert Witness Dr. John Foster 73 Notice of Filing by John Mays. (Bennett, Matthew) (Entered: 07/29/2024)

TRANSCRIPT of Pretrial Proceedings held on 7/3/2024, before Judge Steve C. Jones. Court Reporter/Transcriber Viola S. Zborowski. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/court-reporter-directory. Tape Number: 1. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/23/2024. Redacted Transcript Deadline set for 9/3/2024. Release of Transcript Restriction set for 10/31/2024. (Attachments: # 1 Appendix Notice of Filing Transcript) (Entered: 08/02/2024)