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04-996 - McGowan v. Dell Computer Corp, et al


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04-996 - McGowan v. Dell Computer Corp, et al
August 31, 2005
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REPORT AND RECOMMENDATION: Court Recommends that the re 45 Motion to Strike filed by Dell Computer Corporation, Clark Ponthier, Greg Kelly, James Kerian, Kevin Brown, Ron Jarvis, Ken Forte, Bernie Davis, Jeff Hellums, Michele Butler be granted; that the 35 Motion for Reconsideration of entry of default and Motion for Default Judgment filed by Calvin McGowan be denied; and that the 39 Motion to Dismiss filed by Clark Ponthier, Greg Kelly, James Kerian, Kevin Brown, Ron Jarvis, Ken Forte, Bernie Davis, Jeff Hellums, Michele Butler be granted in part and denied in part; Objections to R&R due by 9/15/2005. Signed by Judge Juliet Griffin on 8/30/05. (km, )
September 19, 2005
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ORDER: Report and Recommendation 51 is accepted; Pltf's 35 Motion for Reconsideration of entry of default and motion for default judgment is denied; Deft's motion to strike or disregard re 45 is granted; Deft's motion to dismiss 39 is granted in part and denied in part. Claims against all individual defts under Title VI and the Tennessee Human Rights Act are dismissed. All claims against defts Ponthier, Hellums, Brown and Davis are dismissed. Case is referred back to the Magistrate Judge for further handling under the original referral order . Signed by Judge Aleta A. Trauger on 9/19/05. (km, ) (cc: Mr. McGowan by cert and reg mail)
July 25, 2006
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REPORT AND RECOMMENDATION that pltf's 65 MOTION to Vacate and Reverse be denied and the individual defts Clark Ponthier, Greg Kelly, James Kernian, Kevin Brown, Ron Jarvis, Ken Forte, Bernie Davis, Jeff Hellums and Michelle Butler be dismissed from this action. Objections to R&R due by 8/8/2006. Signed by Judge Juliet Griffin on 7/25/06. (cc: pltf by reg and cert mail)(km, )
August 30, 2006
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ORDER: Plaintiff is granted an extension until 10/16/06 within which to serve the individual defendants with process. If process is not served by that deadline, the plaintiff is forewarned that the claims against the individual defendants will be dismissed. Report and Recommendation 69 is Modified as set out herein. Signed by Judge Aleta A. Trauger on 8/30/06. (dt) (xc: Pltf by cert. mail) Modified Text on 8/30/2006 (dt).
July 20, 2007
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REPORT AND RECOMMENDATION recommending 81 MOTION to Dismiss be denied; 88 MOTION to Quash be denied, and pltf be ordered to attend his deposition, to be noticed at a future date, upon sanction of dismissal if he fails to attend. Signed by Judge Juliet E. Griffin on 7/20/07. (gi, )
August 10, 2007
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Aleta A. Trauger on 8/10/07. (gi, )ORDER accepting the 93 Report and Recommendation; denying 81 Motion to Dismiss; denying 88 Motion to Quash. Pltf must attend his deposition which will be noticed at a future date. Case is referred back to the Magistrate Judge. Signed by Judge
August 15, 2008
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REPORT AND RECOMMENDATION that the 101 MOTION for Summary Judgment filed by Dell Computer Corporation be granted in part and denied in part as outlined in this order. Signed by Magistrate Judge Juliet E. Griffin on 8/15/08. (cc:pltf by reg and cert mail)(km)
October 8, 2008
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ORDER: 116 Report and Recommendation is accepted and made the findings of fact and conclusions of law of this court. The deft's 101 Motion for Summary Judgment is granted in part and denied in part as outlined in this order. By 10/20/08, the parties shall file a position statement as to whether or not they are amenable to a judicial settlement conference/mediation before Magistrate Judge Griffin. Signed by District Judge Aleta A. Trauger on 10/8/08. (cc: pltf by cert and reg mail)(km)