Case details

Court: ncwd
Docket #: 3:10-cv-00028
Case Name: Smith v. Waverly Partners, LLC et al
PACER case #: 58301
Date filed: 2010-01-25
Assigned to: District Judge Richard Voorhees
Referred to: Magistrate Judge David S. Cayer
Case Cause: 15:1681 Fair Credit Reporting Act
Nature of Suit: 480 Consumer Credit
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Shawn Smith
Plaintiff
Audrey Clair Page
Maloney Law & Associates, PLLC 1824 East Seventh Street Charlotte, NC 28204 704-632-1622 Email: apage@maloneylegal.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Margaret (Meg) Behringer Maloney
Maloney Law & Associates, PLLC 1824 East Seventh Street Charlotte, NC 28204 704-632-1622 Fax: 704-632-1623 Email: mmaloney@maloneylegal.com
ATTORNEY TO BE NOTICED

Tamara L. Huckert
Maloney Law & Associates, PLLC 1824 E. Seventh Street Charlotte, NC 28204 704-632-1622 Fax: 704-632-1623 Email: thuckert@maloneylegal.com
ATTORNEY TO BE NOTICED

Waverly Partners, LLC
Cross Defendant
Kenneth R. Raynor
(See above for address)
ATTORNEY TO BE NOTICED

VanElla, Inc.
Defendant
TERMINATED: 03/22/2010 doing business asVanElla Backgroud Investigations TERMINATED: 03/22/2010
David L. Levy
Hedrick Gardner Kincheloe & Garofalo LLP P. O. Box 30397 Charlotte, NC 28230 704-366-1101 Fax: 704-366-6181 Email: dlevy@hedrickgardner.com
ATTORNEY TO BE NOTICED

Frederick Thomas Smith
Seyfarth Shaw LLP 1075 Peachtree Street, NE Suite 2500 Atlanta, GA 30309-3692 404-888-1021 Fax: 404-892-7056 Email: fsmith@seyfarth.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Maile Gilmore
Seyfarth Shaw LLP 1545 Peachtree Street, N.E. Suite 700 Atlanta, GA 30309 4048815443 Fax: 404-892-7056 Email: mgilmore@littler.com
PRO HAC VICE ATTORNEY TO BE NOTICED

AlliedBarton Security Services, LLC
Cross Claimant
Frederick Thomas Smith
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Maile Gilmore
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

AlliedBarton Security Services, LLC
Cross Claimant
Frederick Thomas Smith
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Maile Gilmore
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Waverly Partners, LLC
Cross Defendant
Kenneth R. Raynor
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2010-01-25 1 0 NOTICE OF REMOVAL with Jury Demand from Mecklenburg County Superior Court, case number 09-CVS-29323. (Filing fee $ 350 receipt number 0419-979551), filed by VanElla, Inc. d/b/a VanElla Background Investigations. (Attachments: # 1 Exhibit A - Pleadings from State Court File, # 2 Exhibit B - Notice of Filing of Notice of Removal)(Levy, David) (Entered: 01/25/2010) 2014-03-26 04:50:38 20b1557a505232b714700ed09fb46414333129e5
1 1 Exhibit A - Pleadings from State Court File
1 2 Exhibit B - Notice of Filing of Notice of Removal
2010-01-28 2 0 Unopposed MOTION for Extension of Time to File Answer by VanElla, Inc.. (Attachments: # 1 Proposed Order Extension of Time)(Levy, David). Motions referred to David S. Cayer. (Entered: 01/28/2010)
2010-01-28 3 0 ORDER granting 2 Motion for Extension of Time to Answer re Complaint. VanElla, Inc. answer due 2/22/2010. Signed by Magistrate Judge David S. Cayer on 1/28/10. (gpb) (Entered: 01/28/2010)
2010-02-01 4 0 MOTION to Dismiss by Waverly Partners, LLC.Responses due by 2/18/2010. (Raynor, Kenneth) (Entered: 02/01/2010)
2010-02-01 5 0 MEMORANDUM in Support re 4 MOTION to Dismiss by Waverly Partners, LLC. (Raynor, Kenneth) (Entered: 02/01/2010)
2010-02-18 6 0 MOTION for Extension of Time to File Response/Reply as to 4 MOTION to Dismiss by Shawn Smith.Responses due by 3/8/2010. (Maloney, Margaret (Meg)). Motions referred to David S. Cayer. (Entered: 02/18/2010)
2010-02-18 7 0 ORDER granting 6 Motion for Extension of Time to File Response/Reply re 4 MOTION to Dismiss. Responses due by 3/4/2010.. Signed by Magistrate Judge David S. Cayer on 2/18/2010. (tmg) (Entered: 02/18/2010)
2010-02-19 8 0 Consent MOTION for Extension of Time to File Answer to Last-Filed Amended Complaint by VanElla, Inc.. (Attachments: # 1 Proposed Order)(Levy, David). Motions referred to David S. Cayer. (Entered: 02/19/2010)
2010-02-22 9 0 ORDER granting 8 Motion for Extension of Time to Answer or Otherwise Plead in Response to Plaintiff's Last-Filed Amended Complaint as to VanElla, Inc (AlliedBarton Security Services LLC). Signed by Magistrate Judge David S. Cayer on 2/22/2010. (tmg) (Entered: 02/22/2010)
2010-03-02 10 0 MOTION for Leave to File Second Amended Complaint by Shawn Smith.Responses due by 3/19/2010. (Attachments: # 1 Exhibit A - Second Amended Complaint)(Maloney, Margaret (Meg)). Motions referred to David S. Cayer. (Entered: 03/02/2010)
2010-03-02 11 0 MEMORANDUM in Support re 10 MOTION for Leave to File Second Amended Complaint by Shawn Smith. (Maloney, Margaret (Meg)) (Entered: 03/02/2010)
2010-03-02 12 0 MOTION for Leave to Appear Pro Hac Vice as to Frederick T. Smith Filing fee $ 250, receipt number 0419-1008787. by VanElla, Inc.. (Attachments: # 1 Proposed Order)(Levy, David). Motions referred to David S. Cayer. (Entered: 03/02/2010)
2010-03-02 13 0 MOTION for Leave to Appear Pro Hac Vice as to Maile Gilmore Filing fee $ 250, receipt number 0419-1008795. by VanElla, Inc.. (Attachments: # 1 Proposed Order)(Levy, David). Motions referred to David S. Cayer. (Entered: 03/02/2010)
2010-03-03 14 0 ORDER granting 13 Motion for Leave to Appear Pro Hac Vice, added Maile Gilmore for VanElla, Inc.. Signed by Magistrate Judge David S. Cayer on 3/3/2010. (tmg) (Entered: 03/03/2010)
2010-03-03 15 0 ORDER granting 12 Motion for Leave to Appear Pro Hac Vice, added Frederick Thomas Smith for VanElla, Inc.. Signed by Magistrate Judge David S. Cayer on 3/3/2010. (tmg) (Entered: 03/03/2010)
2010-03-22 16 0 ORDER granting 10 Motion for Leave to File Second Amended Complaint, to be filed on or before 3/31/2010. Signed by Magistrate Judge David S. Cayer on 3/22/2010. (tmg) (Entered: 03/22/2010)
2010-03-22 17 0 SECOND AMENDED COMPLAINT by Shawn Smith. (Huckert, Tamara) Modified on 3/23/2010 to show document filed is an amended complaint (smj). Regenerated NEF. (Entered: 03/22/2010) 2014-07-07 12:51:45 315bbf9fa9542718786f6a77a0dea65521bc08da
2010-04-05 18 0 Waverly Answer to 2nd Amended Complaint ANSWER to Complaint with Jury Demand by Waverly Partners, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Raynor, Kenneth) Modified on 11/28/2011 to restrict exh 1 to case participants per atty Jeff Sand (tmg). (Entered: 04/05/2010)
2010-04-05 19 0 MOTION to Dismiss by Waverly Partners, LLC.Responses due by 4/22/2010. (Raynor, Kenneth) (Entered: 04/05/2010)
2010-04-05 20 0 MEMORANDUM in Support re 19 MOTION to Dismiss by Waverly Partners, LLC. (Raynor, Kenneth) (Entered: 04/05/2010)
2010-04-12 21 0 MOTION to Dismiss by AlliedBarton Security Services, LLC.Responses due by 4/29/2010. (Gilmore, Maile) (Entered: 04/12/2010)
2010-04-12 22 0 MEMORANDUM in Support re 21 MOTION to Dismiss by AlliedBarton Security Services, LLC. (Attachments: # 1 Exhibit 1)(Gilmore, Maile) Modified on 11/28/2011 to restrict exh 1 to case participants per atty Jeff Sand (tmg). (Entered: 04/12/2010)
2010-04-21 23 0 MOTION for Extension of Time to File Response/Reply to Defendant Waverly's Motion to Dismiss by Shawn Smith.Responses due by 5/10/2010. (Maloney, Margaret (Meg)). Motions referred to David S. Cayer. (Entered: 04/21/2010)
2010-04-22 24 0 ORDER granting 23 Motion for Extension of Time to File Response/Reply re 19 MOTION to Dismiss Responses due by 4/29/2010. Signed by Magistrate Judge David S. Cayer on 4/22/2010. (cw) (Entered: 04/22/2010)
2010-04-22 25 0 Unopposed MOTION for Extension of Time to File Response/Reply as to 18 Answer to Complaint by AlliedBarton Security Services, LLC.Responses due by 5/10/2010. (Attachments: # 1 Proposed Order)(Smith, Frederick). Motions referred to David S. Cayer. (Entered: 04/22/2010)
2010-04-22 26 0 ORDER granting 25 Motion for Extension of Time to File Response to Cross Claims until 5/3/10. Signed by Magistrate Judge David S. Cayer on 4/22/10. (gpb) (Entered: 04/22/2010)
2010-04-29 27 0 MEMORANDUM in Opposition re 21 MOTION to Dismiss, 19 MOTION to Dismiss by Shawn Smith. Replies due by 5/10/2010. (Maloney, Margaret (Meg)) (Entered: 04/29/2010)
2010-05-03 28 0 MOTION to Dismiss Waverly Partners, LLC's Cross Claims For Indemnification and Contribution by AlliedBarton Security Services, LLC.Responses due by 5/20/2010. (Smith, Frederick) (Entered: 05/03/2010)
2010-05-03 29 0 ANSWER to Complaint of Waverly Partners, LLC's Cross Claims, CROSSCLAIM against Waverly Partners, LLC by AlliedBarton Security Services, LLC.(Smith, Frederick) (Entered: 05/03/2010)
2010-05-03 30 0 MEMORANDUM in Support re 28 MOTION to Dismiss Waverly Partners, LLC's Cross Claims For Indemnification and Contribution by AlliedBarton Security Services, LLC. (Smith, Frederick) (Entered: 05/03/2010)
2010-05-03 31 0 CERTIFICATION of initial attorney conference and discovery plan (Maloney, Margaret (Meg)) (Entered: 05/03/2010)
2010-05-06 32 0 REPLY to Response to Motion re 21 MOTION to Dismiss by AlliedBarton Security Services, LLC. (Smith, Frederick) (Entered: 05/06/2010)
2010-05-10 33 0 MOTION for Extension of Time to June 2, 2010, MOTION for Extension of Time to File Response/Reply as to 30 Memorandum in Support of Motion (Responses due by 5/27/2010.) by Waverly Partners, LLC. (Attachments: # 1 Proposed Order)(Raynor, Kenneth). Motions referred to David S. Cayer. (Entered: 05/10/2010)
2010-05-11 34 0 ORDER granting 33 Motion for Extension of Time to File Response/Reply re 28 MOTION to Dismiss Waverly Partners, LLC's Cross Claims For Indemnification and Contribution (Responses due by 6/2/2010.). Signed by Magistrate Judge David S. Cayer on 5/11/2010. (com) (Entered: 05/11/2010)
2010-05-21 35 0 ANSWER to 29 Answer to Complaint, Crossclaim of Allied Barton Security Services LLC by Waverly Partners, LLC.(Raynor, Kenneth) (Entered: 05/21/2010)
2010-06-02 36 0 MEMORANDUM in Opposition re 28 MOTION to Dismiss Waverly Partners, LLC's Cross Claims For Indemnification and Contribution by Waverly Partners, LLC. Replies due by 6/14/2010. (Raynor, Kenneth) (Entered: 06/02/2010)
2010-06-09 37 0 REPLY to Response to Motion re 28 MOTION to Dismiss Waverly Partners, LLC's Cross Claims For Indemnification and Contribution Defendant AlliedBarton Security Services LLC's Reply to Waverly Partners, LLC's Memorandum in Opposition to AlliedBarton Security Services LLC's Motion to Dismiss Waverly Partners, LLC's Cross Claims by AlliedBarton Security Services, LLC. (Smith, Frederick) (Entered: 06/09/2010)
2010-07-14 38 0 <FILED IN ERROR - wrong event used> Consent MOTION for Protective Order by Shawn Smith.Responses due by 8/2/2010. (Maloney, Margaret (Meg)). Motions referred to David S. Cayer. Modified on 7/16/2010 (filing of document allowed by Judge Cayer) (smj). (Entered: 07/14/2010)
2010-07-14 39 0 CONSENT PROTECTIVE ORDER, granting 38 Motion. Signed by Magistrate Judge David S. Cayer on 7/14/2010. (tmg) (Entered: 07/14/2010)
2010-08-02 40 0 MOTION for Extension of Time to Identify Expert by Shawn Smith.Responses due by 8/19/2010. (Maloney, Margaret (Meg)). Motions referred to David S. Cayer. (Entered: 08/02/2010)
2010-08-03 41 0 ORDER granting 40 Motion for Extension of Time to Identify Expert extended to September 1, 2010. Signed by Magistrate Judge David S. Cayer on 8/3/2010. (cw) (Entered: 08/03/2010)
2010-09-21 42 0 MOTION to Stay Discovery by AlliedBarton Security Services, LLC.Responses due by 10/8/2010. (Attachments: # 1 Memorandum)(Smith, Frederick). Motions referred to David S. Cayer. (Entered: 09/21/2010)
2010-10-04 43 0 MEMORANDUM in Opposition re 42 MOTION to Stay Discovery by Waverly Partners, LLC. Replies due by 10/15/2010. (Raynor, Kenneth) (Entered: 10/04/2010)
2010-10-06 44 0 MEMORANDUM AND ORDER denying 42 Motion to Stay Discovery. Signed by Magistrate Judge David S. Cayer on 10/6/2010. (tmg) (Entered: 10/06/2010)
2011-04-29 45 0 ORDER granting 19 Motion to Dismiss; granting 21 Motion to Dismiss; granting 28 Motion to Dismiss. Signed by District Judge Richard Voorhees on 4/29/11. (com) (Entered: 04/29/2011)
2011-04-29 46 0 Clerk's Judgment deleted on 5/31/2011 - it was entered in error. NEF regenerated (com). (Entered: 04/29/2011)
2011-05-27 47 0 MOTION for Reconsideration re 45 Order on Motion to Dismiss,, by Shawn Smith.Responses due by 6/13/2011. (Maloney, Margaret (Meg)). Motions referred to David S. Cayer. (Entered: 05/27/2011)
2011-05-27 48 0 MEMORANDUM in Support re 47 MOTION for Reconsideration re 45 Order on Motion to Dismiss,, by Shawn Smith. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Maloney, Margaret (Meg)) (Entered: 05/27/2011)
2011-06-09 49 0 Unopposed MOTION for Extension of Time to File Response/Reply re: 47 MOTION for Reconsideration re 45 Order on Motion to Dismiss,, by AlliedBarton Security Services, LLC.Responses due by 6/27/2011. (Attachments: # 1 Proposed Order)(Smith, Frederick). Motions referred to David S. Cayer. (Entered: 06/09/2011)
2011-06-09 50 0 ORDER granting 49 Motion for Extension of Time to File Response/Reply re 47 MOTION for Reconsideration re 45 Order on Motion to Dismiss. Responses due by 6/20/2011. Signed by Magistrate Judge David S. Cayer on 6/9/2011. (tmg) (Entered: 06/09/2011)
2011-06-20 51 0 RESPONSE to Motion re 47 MOTION for Reconsideration re 45 Order on Motion to Dismiss,, by AlliedBarton Security Services, LLC. Replies due by 6/30/2011. (Smith, Frederick) (Entered: 06/20/2011)
2011-06-30 52 0 REPLY to Response to Motion re 47 MOTION for Reconsideration re 45 Order on Motion to Dismiss,, by Shawn Smith. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Maloney, Margaret (Meg)) (Entered: 06/30/2011)
2011-08-12 53 0 ORDER denying 47 Motion for Reconsideration. Signed by District Judge Richard Voorhees on 8/12/2011. (tmg) (Entered: 08/12/2011)
2011-09-16 54 0 CERTIFICATION of initial attorney conference and discovery plan (Revised) (Maloney, Margaret (Meg)) (Entered: 09/16/2011)
2011-09-20 55 0 Pretrial Order and Case Management Plan: Estimated Trial Time: 3-4 days. Discovery due by 12/30/2011. Motions due by 1/31/2012. Mediation deadline set for 11/15/2011. Jury Trial set for 5/8/2012 09:30 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Richard Voorhees. Signed by Magistrate Judge David S. Cayer on 9/20/2011. (tmg) (Entered: 09/20/2011)
2011-10-20 56 0 Joint MOTION for Extension of Time to Hold Mediated Settlement Conference by AlliedBarton Security Services, LLC, Shawn Smith, VanElla, Inc., Waverly Partners, LLC.Responses due by 11/7/2011. (Huckert, Tamara). Motions referred to David S. Cayer. (Entered: 10/20/2011)
2011-10-21 57 0 ORDER granting 56 Motion for Extension of Time to Hold Mediated Settlement Conference. Mediation deadline set for 11/22/2011. Signed by Magistrate Judge David S. Cayer on 10/21/2011. (tmg) (Entered: 10/21/2011)
2011-11-16 58 0 MOTION for Summary Judgment by Waverly Partners, LLC.Responses due by 12/5/2011. (Raynor, Kenneth) (Entered: 11/16/2011)
2011-11-16 59 0 MEMORANDUM in Support re 58 MOTION for Summary Judgment by Waverly Partners, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 depo pages Turnbull, # 4 depo pages Smith, # 5 depo pages Kaminski)(Raynor, Kenneth) Modified on 11/29/2011 to restrict Exhibit A per atty Raynor (tmg). (Entered: 11/16/2011)
2011-12-01 60 0 Unopposed MOTION for Extension of Time to File Response/Reply re: 58 MOTION for Summary Judgment by Shawn Smith.Responses due by 12/19/2011. (Huckert, Tamara). Motions referred to David S. Cayer. (Entered: 12/01/2011)
2011-12-02 61 0 ORDER granting 60 Motion for Extension of Time to File Response/Reply re 58 MOTION for Summary Judgment . Responses due by 12/15/2011. Signed by Magistrate Judge David S. Cayer on 12/1/2011. (tmg) (Entered: 12/02/2011)
2011-12-02 62 0 Unopposed MOTION for Extension of Time to File Response/Reply re: 58 MOTION for Summary Judgment by AlliedBarton Security Services, LLC.Responses due by 12/19/2011. (Attachments: # 1 Proposed Order)(Smith, Frederick). Motions referred to David S. Cayer. (Entered: 12/02/2011)
2011-12-05 63 0 ORDER granting 62 Motion for Extension of Time to File Response re 58 MOTION for Summary Judgment; Responses due by 12/15/2011. Signed by Magistrate Judge David S. Cayer on 12/5/2011. (bsw) (Entered: 12/05/2011)
2011-12-05 64 0 MOTION for Leave to File Third Amended Complaint by Shawn Smith.Responses due by 12/22/2011. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Huckert, Tamara). Motions referred to David S. Cayer. (Entered: 12/05/2011)
2011-12-05 65 0 MEMORANDUM in Support re 64 MOTION for Leave to File Third Amended Complaint by Shawn Smith. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Huckert, Tamara) (Entered: 12/05/2011)
2011-12-15 66 0 RESPONSE to Motion re 58 MOTION for Summary Judgment by AlliedBarton Security Services, LLC. Replies due by 12/27/2011. (Attachments: # 1 Exhibit)(Smith, Frederick) (Entered: 12/15/2011)
2011-12-15 67 0 RESPONSE in Opposition re 58 MOTION for Summary Judgment by Shawn Smith. Replies due by 12/27/2011. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Maloney, Margaret (Meg)) (Entered: 12/15/2011) 2013-04-22 10:08:08 7b56e3f79591e6021d7fe65550a932925283b954
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2011-12-21 68 0 MOTION for Extension of Time to File Response/Reply re 58 Motion For Summary Judgment by Waverly Partners, LLC. Responses due by 1/9/2012. (Attachments: # 1 Proposed Order)(Raynor, Kenneth). Motions referred to David S. Cayer. Modified on 12/22/2011 to link to motion (smj). (Entered: 12/21/2011)
2011-12-22 69 0 ORDER granting 68 Motion for Extension of Time to File Reply re 58 MOTION for Summary Judgment. Replies due by 1/6/2012. Signed by Magistrate Judge David S. Cayer on 12/22/11. (com) (Entered: 12/22/2011)
2011-12-22 70 0 RESPONSE in Opposition re 64 MOTION for Leave to File Third Amended Complaint by AlliedBarton Security Services, LLC. Replies due by 1/3/2012. (Smith, Frederick) (Main Document 70 replaced on 2/28/2012) (clc). (Entered: 12/22/2011)
2012-01-03 71 0 REPLY to Response to Motion re 64 MOTION for Leave to File Third Amended Complaint by Shawn Smith. (Huckert, Tamara) (Entered: 01/03/2012)
2012-01-06 72 0 REPLY to Response to Motion re 58 MOTION for Summary Judgment by Waverly Partners, LLC. (Raynor, Kenneth) (Entered: 01/06/2012)
2012-01-17 73 0 ORDER denying 64 Motion for Leave to File Third Amended Complaint. Signed by Magistrate Judge David S. Cayer on 1/17/2012. (tmg) (Entered: 01/17/2012)
2012-01-31 74 0 Objection to Magistrate Judge's Decision (Rule 72(a)) re 73 Order on Motion for Leave to File .Responses due by 2/17/2012. (Huckert, Tamara) (Entered: 01/31/2012)
2012-02-15 75 0 RESPONSE in Opposition re 74 Objection to Magistrate Judge's Decision (Rule 72(a)) re 73 Order on Motion for Leave to File Third Amended Complaint by AlliedBarton Security Services, LLC. Replies due by 2/27/2012. (Smith, Frederick) (Main Document 75 replaced on 2/28/2012) (clc). (Entered: 02/15/2012)
2012-02-27 76 0 REPLY to Response to Motion re 74 Objection to Magistrate Judge's Decision (Rule 72(a)) re 73 Order on Motion for Leave to File by Shawn Smith. (Huckert, Tamara) (Entered: 02/27/2012)
2012-03-16 77 0 Consent MOTION to Continue Docket Call/Trial filed by Waverly Partners, LLC.Responses due by 4/2/2012. (Attachments: # 1 Proposed Order)(Raynor, Kenneth) (Entered: 03/16/2012)
2012-04-18 78 0 NOTICE by Shawn Smith of Potential Conflict with July 9, 2012 Trial Date (Huckert, Tamara) (Entered: 04/18/2012)
2012-06-12 79 0 Consent MOTION to Continue Docket Call/Trial by AlliedBarton Security Services, LLC, Shawn Smith, Waverly Partners, LLC.Responses due by 6/29/2012. (Huckert, Tamara) (Entered: 06/12/2012)
2012-08-16 80 0 Consent MOTION to Continue Docket Call/Trial Date by Shawn Smith.Responses due by 9/4/2012 (Huckert, Tamara) (Entered: 08/16/2012)
2012-08-23 81 0 ORDER granting in part and denying in part 58 Motion for Summary Judgment ; overruling 74 Objection to Magistrate Judge's Decision (Rule 72(a)) re 73 Order on Motion for Leave to File. Signed by District Judge Richard Voorhees on 8/23/2012. (blf) (Entered: 08/23/2012) 2012-08-24 09:05:10 7109d9b4f42595c7d31d167bbceffb437399251a
2012-08-24 82 0 ORDER denying 80 Motion to Continue Docket Call/Trial. Signed by District Judge Richard Voorhees on 8/23/2012. (blf) (Entered: 08/24/2012)
2012-08-27 83 0 Proposed JURY VERDICT by Shawn Smith(Maloney, Margaret (Meg)) (Entered: 08/27/2012)
2012-08-29 84 0 Proposed JURY VERDICT by Waverly Partners, LLC(Raynor, Kenneth) (Entered: 08/29/2012)
2012-08-30 85 0 MOTION to Amend/Correct by Waverly Partners, LLC.Responses due by 9/17/2012 (Attachments: # 1 Exhibit EEOC Complaint, depo pages)(Raynor, Kenneth). Motions referred to David S. Cayer. (Entered: 08/30/2012)
2012-08-30 86 0 MEMORANDUM in Support re 85 MOTION to Amend/Correct by Waverly Partners, LLC. (Raynor, Kenneth) (Entered: 08/30/2012)
2012-08-31 87 0 MEMORANDUM in Opposition re 85 MOTION to Amend/Correct by Shawn Smith. Replies due by 9/10/2012 (Attachments: # 1 Exhibit 1)(Maloney, Margaret (Meg)) (Entered: 08/31/2012)
2012-09-03 88 0 TRIAL BRIEF by Shawn Smith(Maloney, Margaret (Meg)) (Entered: 09/03/2012)
2012-09-03 89 0 Proposed Jury Instructions by Shawn Smith(Maloney, Margaret (Meg)) (Entered: 09/03/2012)
2012-09-04 90 0 MOTION in Limine (Evidence of Wages at Cato) by Waverly Partners, LLC.Responses due by 9/21/2012 (Raynor, Kenneth) (Entered: 09/04/2012)
2012-09-04 91 0 MOTION in Limine (Subsequent Remedial Measures) by Waverly Partners, LLC.Responses due by 9/21/2012 (Raynor, Kenneth) (Entered: 09/04/2012)
2012-09-04 92 0 MOTION in Limine (Exclusion of Testimony re compensation to be paid by Central Parking) by Waverly Partners, LLC.Responses due by 9/21/2012 (Raynor, Kenneth) (Entered: 09/04/2012)
2012-09-05 93 0 REPLY to Response to Motion re 85 MOTION to Amend/Correct by Waverly Partners, LLC. (Attachments: # 1 Exhibit Exhibit A)(Raynor, Kenneth) (Entered: 09/05/2012)
2012-09-05 94 0 AMENDED PROPOSED JURY INSTRUCTIONS by Shawn Smith. Amendment to 89 Proposed Jury Instructions (Maloney, Margaret (Meg)) Modified on 9/6/2012 (smj). Regenerated NEF. (Entered: 09/05/2012) 2013-04-22 12:55:44 ed19dde4767e760f21279e8445aa1cf7fda2855e
2012-09-06 95 0 Proposed Jury Instructions by Waverly Partners, LLC(Raynor, Kenneth) (Entered: 09/06/2012)
2012-09-06 96 0 Alternative Proposed Jury Instructions by Waverly Partners, LLC(Raynor, Kenneth) Modified on 9/7/2012 (smj). (Entered: 09/06/2012)
2012-09-07 97 0 TRIAL BRIEF by Waverly Partners, LLC(Raynor, Kenneth) (Entered: 09/07/2012)
2012-09-07 98 0 Witness List (Sealed - Participants) by Waverly Partners, LLC(Raynor, Kenneth) (Entered: 09/07/2012)
2012-09-07 99 0 Exhibit List by Waverly Partners, LLC.(Raynor, Kenneth) (Entered: 09/07/2012)
2012-09-07 100 0 MOTION in Limine TO EXCLUDE EVIDENCE by Shawn Smith.Responses due by 9/24/2012 (Maloney, Margaret (Meg)) (Entered: 09/07/2012)
2012-09-07 101 0 MOTION in Limine by Shawn Smith.Responses due by 9/24/2012 (Maloney, Margaret (Meg)) (Entered: 09/07/2012)
2012-09-07 102 0 RESPONSE to Motion re 91 MOTION in Limine (Subsequent Remedial Measures) by Shawn Smith. Replies due by 9/17/2012 (Maloney, Margaret (Meg)) (Entered: 09/07/2012) 2013-04-22 10:03:43 1d9eb780767a94e9aab25ed85b1f6d0999af283c
2012-09-07 103 0 Witness List (Sealed - Participants) by Shawn Smith(Maloney, Margaret (Meg)) (Entered: 09/07/2012)
2012-09-07 104 0 RESPONSE to Motion re 92 MOTION in Limine (Exclusion of Testimony re compensation to be paid by Central Parking), 90 MOTION in Limine (Evidence of Wages at Cato) by Shawn Smith. Replies due by 9/17/2012 (Maloney, Margaret (Meg)) (Entered: 09/07/2012)
2012-09-09 105 0 Exhibit List by Shawn Smith.(Maloney, Margaret (Meg)) (Entered: 09/09/2012)
2012-09-10 106 0 MOTION in Limine to exclude Testimony of Turk by Waverly Partners, LLC.Responses due by 9/27/2012 (Raynor, Kenneth) (Entered: 09/10/2012)
2012-09-10 107 0 Response to Smith's Motion re Cato Settlement) by Waverly Partners, LLC.Responses due by 9/27/2012 (Raynor, Kenneth) Modified on 9/11/2012 to show reponse filed not a motion (smj). (Entered: 09/10/2012)
2012-09-10 108 0 MOTION in Limine to exclude hearsay evidence of reason for Cato's termination of Plaintiff's employment by Waverly Partners, LLC.Responses due by 9/27/2012 (Raynor, Kenneth) (Entered: 09/10/2012)
2012-09-10 109 0 Proposed Voir Dire by Shawn Smith(cbb) (Entered: 09/10/2012)
2012-09-14 110 0 Second Amended Proposed Jury Instructions by Shawn Smith(Maloney, Margaret (Meg)) Modified on 9/17/2012 to show 2nd amended instructions(smj). (Entered: 09/14/2012)
2012-09-14 111 0 MOTION in Limine to Exclude VanElla's Policies and Procedures by Shawn Smith.Responses due by 10/1/2012 (Maloney, Margaret (Meg)) (Entered: 09/14/2012)
2012-09-15 112 0 Exhibit List (Amended) by Shawn Smith.(Maloney, Margaret (Meg)) (Entered: 09/15/2012)
2012-09-17 113 0 ORDER denying in part 100 Plaintiff's Motion in Limine. Defendant is entitled to offset any overlapping award, the amount of which shall be determined by this Court. This Order further notes the Court's rationale for denying Defendant's Motion to Amend 85 via oral order on 9/11/12. Signed by District Judge Richard Voorhees on 9/17/12. (smj) (Entered: 09/17/2012)
2012-09-17 114 0 Miscellaneous Filing by Shawn Smith. (Certificate of Authenticity) (Maloney, Margaret (Meg)) (Entered: 09/17/2012)
2012-09-19 115 0 NOTICE of Appearance as to Audrey C. Page on behalf of Shawn Smith (Maloney, Margaret (Meg)) Modified on 9/19/2012 (cbb) to show Ntc/Appearance by correct atty. (Entered: 09/19/2012)
2012-09-19 116 0 JURY VERDICT (Attachments: # 1 Unredacted Signature Page)(cbb) (Entered: 09/20/2012) 2013-04-18 09:48:26 e88d9a3113da90e8d3067aeba1efeaeb906a90ac
116 1 *Restricted*
2012-09-19 117 0 Jury Notes (Sealed - Court)(cbb) (Entered: 09/20/2012)
2012-09-19 118 0 Judge Notes (Sealed - Court)(cbb) (Entered: 09/20/2012)
2012-09-27 119 0 Sealed Document (Sealed - Attorney): Notice of Settlement Amount by Smith; (available to AlliedBarton Security Services, LLC, Waverly Partners, LLC, Shawn Smith) (Huckert, Tamara) Modified on 9/27/2012 to make document available to plf (smj). Regenerated NEF. (Entered: 09/27/2012)
2012-10-18 120 0 MOTION for Judgment as a Matter of Law or alternatively, for a New Trial by Waverly Partners, LLC.Responses due by 11/5/2012 (Raynor, Kenneth). Added MOTION for New Trial on 10/19/2012 (cbb). Regenerated NEF. (Entered: 10/18/2012) 2013-04-18 09:57:00 5d134303f395e3ea28eb449424cad976be402af0
2012-10-18 121 0 Sealed Document (Sealed - Attorney): Memorandum re: 120 MOTION for Judgment as a Matter of Law (available to Waverly Partners, LLC, Shawn Smith, AlliedBarton) (Attachments: # 1 Exhibit A to Waverly Memorandum)(Raynor, Kenneth) Modified on 10/19/2012 (cbb) to make document available to Shawn Smith and AlliedBarton. Regenerated NEF. (Entered: 10/18/2012)
2012-10-26 122 0 Unopposed MOTION for Extension of Time to File Response/Reply re: 120 MOTION for Judgment as a Matter of Law MOTION for New Trial by Shawn Smith.Responses due by 11/13/2012 (Huckert, Tamara). Motions referred to David S. Cayer. (Entered: 10/26/2012)
2012-10-29 123 0 ORDER granting 122 Motion for Extension of Time to File Response/Reply re 120 MOTION for Judgment as a Matter of Law MOTION for New Trial Responses due by 11/19/2012. Signed by Magistrate Judge David S. Cayer on 10/29/2012. (blf) (Entered: 10/29/2012)
2012-11-16 124 0 Unopposed MOTION for Extension of Time to File Response/Reply re: 120 MOTION for Judgment as a Matter of Law MOTION for New Trial by Shawn Smith.Responses due by 12/3/2012 (Huckert, Tamara). Motions referred to David S. Cayer. (Entered: 11/16/2012)
2012-11-19 125 0 ORDER granting 124 Motion for Extension of Time to File Response re 120 MOTION for Judgment as a Matter of Law MOTION for New Trial Responses due by 12/3/2012. Signed by Magistrate Judge David S. Cayer on 11/17/2012. (blf) (Entered: 11/19/2012)
2012-12-03 126 0 MEMORANDUM in Opposition re 120 MOTION for Judgment as a Matter of Law MOTION for New Trial by Shawn Smith. Replies due by 12/13/2012 (Maloney, Margaret (Meg)) (Entered: 12/03/2012) 2013-04-18 09:58:30 b6ce251c8158854fd64f5dbef2b3e35db4831656
2012-12-06 127 0 Consent MOTION for Leave to File Trial Transcripts and Exhibits in Opposition To Defendants Motion Pursuant To Rule 50(b) and Rule 59(a) by Shawn Smith.Responses due by 12/26/2012 (Huckert, Tamara). Motions referred to David S. Cayer. (Entered: 12/06/2012)
2012-12-07 128 0 ORDER granting 127 Motion for Leave to File the TrialTranscript Excerpts and Exhibits in Opposition To Defendants' Motion Pursuant To Rule 50(b) andRule 59(a). Signed by Magistrate Judge David S. Cayer on 12/6/2012. (blf) (Entered: 12/07/2012)
2012-12-07 129 0 Exhibit by Shawn Smith. Exhibit to 126 Memorandum in Opposition to Motion Pursuant to Rule 50(b) and Rule 59(a) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Maloney, Margaret (Meg)) (Entered: 12/07/2012) 2013-04-22 12:55:28 9f34abd4fd1ec3e8f7f4982149b1120873b08275
129 1 Exhibit 1
129 2 Exhibit 2
129 3 Exhibit 3
129 4 Exhibit 4
129 5 Exhibit 5
129 6 Exhibit 6
129 7 Exhibit 7
129 8 Exhibit 8
129 9 Exhibit 9
129 10 Exhibit 10
2012-12-12 130 0 MOTION for Extension of Time to reply to plaintiff's memorandum by Waverly Partners, LLC.Responses due by 1/2/2013 (Raynor, Kenneth). Motions referred to David S. Cayer. (Entered: 12/12/2012)
2012-12-18 131 0 ORDER granting 130 Motion for Extension of Time to File Reply re 120 MOTION for Judgment as a Matter of Law MOTION for New Trial Replies due by 12/28/2012. Signed by Magistrate Judge David S. Cayer on 12/17/2012. (blf) (Entered: 12/18/2012)
2012-12-27 132 0 REPLY to Response to Motion re 120 MOTION for Judgment as a Matter of Law MOTION for New Trial by Waverly Partners, LLC. (Raynor, Kenneth) (Entered: 12/27/2012) 2013-04-18 21:21:50 61b38910d72b97e67f3a55d4f4f97fa9c8aa8bc6
2013-07-31 133 0 MOTION for Entry of Judgment by Shawn Smith.Responses due by 8/19/2013 (Maloney, Margaret (Meg)) (Entered: 07/31/2013)
2013-08-12 134 0 RESPONSE to Motion re 133 MOTION for Entry of Judgment by Waverly Partners, LLC. Replies due by 8/22/2013 (Raynor, Kenneth) (Entered: 08/12/2013)
2013-08-22 135 0 REPLY to Response to Motion re 133 MOTION for Entry of Judgment by Shawn Smith. (Huckert, Tamara) (Additional attachment(s) added on 8/26/2013: # 1 Exhibit) (blf). (Entered: 08/22/2013)
2013-10-17 136 0 ORDER denying 120 Motion for Judgment as a Matter of Law; denying 120 Motion for New Trial. Signed by District Judge Richard Voorhees on 10/17/2013. (blf) (Entered: 10/17/2013)