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13-516 - Wells v. Gourmet Services Inc. et al(JOINT ASSIGN)


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13-516 - Wells v. Gourmet Services Inc. et al(JOINT ASSIGN)
July 21, 2014
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ORDER that Wells's 4/30/2014 ORAL Motion to Amend his 47 Amended Complaint to include a claim that he was subjected to a hostile work environment, wrongful discharge, and deprivation of pay in violation of Title VII on the basis of national origin be and is hereby GRANTED. Further, it is the RECOMMENDATION of the Magistrate Judge that the motion for judgment on the pleadings (Doc. 37) be granted to the following extent: 1. that, pursuant to Fed. R. Civ. P. 12(c) and 28 U.S.C. § 1915(e)(2)(B)(ii), Wells's Title VII claim that he was subjected to a hostile work environment, wrongful discharge, and deprivation of pay on the basis of national origin be dismissed with prejudice; 2. that, pursuant to Fed. R. Civ. P. 12(c) and 28 U.S.C. § 1915(e)(2)(B)(ii), Wells's claim that he was subjected to a hostile work environment in violation of Title VII on the basis of his race be dismissed with prejudice;3. that, pursuant to Fed. R. Civ. P. 12(c) and 28 U.S.C. § 1915(e)(2)(B)(ii), Wells's claim that he was deprived of pay in violation of Title VII on the basis of his race be dismissed with prejudice; 4. that, pursuant to Fed. R. Civ. P. 12(c) and 28 U.S.C. § 1915(e)(2)(B)(ii), Wells's claim subjected to unlawful retaliation in violation of Title VII be dismissed with prejudice; 5. that Wells's state law claims be dismissed for lack of jurisdiction; 6. that, in all other respects, the motion for judgment on the pleadings (Doc. 37) be denied; and 7. that this case proceed solely on Wells's FLSA claim. Objections to R&R due by 8/4/2014. Signed by Honorable Judge Charles S. Coody on 7/21/2014. (dmn, )
September 9, 2014
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ORDER: It is the ORDER, JUDGMENT, and DECREE of the court that: 1. The 64 Recommendation of the Magistrate Judge is ADOPTED. 2. That, pursuant to Fed. R. Civ. P. 12(c) and 28 U.S.C. § 1915(e)(2)(B)(ii), Wells's Title VII claim that he was subjected to a hostile work environment, wrongful discharge, anddeprivation of pay on the basis of national origin is dismissed with prejudice;3. That, pursuant to Fed. R. Civ. P. 12(c) and 28 U.S.C. § 1915(e)(2)(B)(ii), Wells's claim that he was subjected to a hostile work environment in violation of Title VII on the basis of his race is dismissed with prejudice; 4. That, pursuant to Fed. R. Civ. P. 12(c) and 28 U.S.C. § 1915(e)(2)(B)(ii), Wells'sclaim that he was deprived of pay in violation of Title VII on the basis of his race is dismissed with prejudice; 5. That, pursuant to Fed. R. Civ. P. 12(c) and 28 U.S.C. § 1915(e)(2)(B)(ii), Wells's claim subjected to unlawful retaliation in violation of Title VII is dismissed with prejudice; 6. That Wells's state law claims is dismissed for lack of jurisdiction; 7. That, in all other respects, the motion for judgment on the pleadings (Doc. 37) is denied; and 8. That this case proceed solely on Wells's FLSA claim. Signed by Chief Judge William Keith Watkins on 9/9/2014. (dmn, )
January 27, 2015
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MEMORANDUM OPINION AND ORDER that Mr. Wells's 74 Motion for Extension of Time to Conduct Discovery and File Dispositive Motion is DENIED as further set out in the opinion and order. Signed by Chief Judge William Keith Watkins on 1/27/2015. (dmn, )
July 15, 2015
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ORDER that Defendants' 96 Motion for Reconsideration is DENIED as further set out in the order. Signed by Chief Judge William Keith Watkins on 7/15/2015. (dmn, )
February 10, 2016
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MEMORANDUM OPINION AND ORDER (with EXHIBIT Proposed Pretrial Order Submitted By the Parties on 6/23/2015): It is ORDERED as follows: 1. Plaintiff's 104 Motion in Limine is DENIED; 2. Defendant's 107 Motion in Limine is DENIED; 3. Defendants' 108 Second Motion in Limine is DENIED; 4. Defendants' 111 Third Motion in Limine is DENIED; and 5. Plaintiff's 131 Motion for Reconsideration is DENIED; all as further set out in the opinion and order. Signed by Chief Judge William Keith Watkins on 2/10/2016. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
May 23, 2016
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MEMORANDUM OPINION AND ORDER: Accordingly, it is ORDERED that Defendants' 140 motion for summary judgment is DENIED. Signed by Chief Judge William Keith Watkins on 5/23/2016. (kh, )
June 17, 2016
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ORDER that the 169 Motion to Reconsider is DENIED as further set out in the order. Signed by Chief Judge William Keith Watkins on 6/17/2016. (dmn, )
December 14, 2016
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ORDERED that the petition for attorney's fees (Doc. # 170) is GRANTED and that Defendants are liable to Plaintiff for an attorney's fee in the amount of $5,400.00, payable on or before January 31, 2017. Failure to timely pay the attorney's fee may result in the striking of all affirmative defenses (see Doc. # 163 at 4 2) or other appropriate sanctions. Further, upon consideration of Plaintiff's status report (Doc. # 173), it is ORDERED that, on or before December 22, 2016, the parties shall file a joint status report, as further set out. Signed by Chief Judge William Keith Watkins on 12/14/2016. (kh, )
January 5, 2018
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MEMORANDUM OPINION AND ORDER: It is ORDERED that Defendant' motion for sanctions (Doc. # 188) is GRANTED and that this action is DISMISSED with prejudice. Further, it is ORDERED that the motion to dismiss (Doc. # 186) is DENIED as moot. Final judgment will be entered separately. Signed by Chief Judge William Keith Watkins on 1/5/2018. (kh, )
January 23, 2018
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ORDERED that the motion (Doc. # 202) is DENIED. Signed by Chief Judge William Keith Watkins on 1/23/2018. (kh, )