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Case TitleAdams v. Equal Employment Opportunity Commission et al
DistrictWestern District of Arkansas
CityHarrison
Case Number3:2011cv03020
Date Filed2011-03-11
Date Closed2012-09-26
JudgeHonorable P. K. Holmes, III
PlaintiffDale B Adams
DefendantEqual Employment Opportunity Commission
DefendantChairman Stuart J. Ishimaru EEOC
DefendantChairman Stuart J. Ishimaru EEOC
TERMINATED: 06/08/2011
DefendantJacqueline A. Berrien Chair of the Equal Employment Opportunity Commission
AppealEighth Circuit 12-3676
Documents
Docket
Complaint
Opinion/Order [5]
Opinion/Order [32]
Opinion/Order [33]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2011-03-111COMPLAINT with Jury Demand against Equal Employment Opportunity Commission, and Chairman Stuart J. Ishimaru, filed by Dale B Adams.(lw) (Entered: 03/11/2011)
2011-03-112CIVIL COVER SHEET for case initiated by Dale B Adams. (lw) (Entered: 03/11/2011)
2011-03-113MOTION for Leave to Proceed in forma pauperis, MOTION for Service by Dale B Adams. (lw) (Entered: 03/11/2011)
2011-03-11MOTIONS REFERRED: 3 MOTION for Leave to Proceed in forma pauperis MOTION for Service. Motions referred to Honorable James R. Marschewski.(lw) (Entered: 03/11/2011)
2011-03-114ORDER granting 3 Motion for Leave to Proceed in forma pauperis. The matter of service will be determined at a later time. Signed by Honorable James R. Marschewski on March 10, 2011. (lw) (Entered: 03/11/2011)
2011-06-085ORDER granting 3 Motion for Service and DIRECTING SERVICE on Jacqueline A. Berrien, the U.S. Department of Justice, Attorney General, Eric H. Holder, the U.S. Attorney, in Fort Smith, Ar. Defendant is to answer within 60 days from the date of service. Signed by Honorable James R. Marschewski on June 8, 2011. (cc: U.S. Marshals Service-Certified)(sh) Modified to add text on 6/8/2011 (sh). (Entered: 06/08/2011)
2011-06-08(2)USM285 Form Delivered to USMS re 5 Order on Motion for Service. (sh) (Entered: 06/08/2011)
2011-06-156USM/285 SUMMONS Returned Executed upon Jacqueline A. Berrien and Equal Employment Opportunity Commission, served on 6/9/2011, by serving the United States Attorney, Western District of Arkansas, Fort smith, AR, answer due 8/8/2011. (sh) (Entered: 06/15/2011)
2011-08-017MOTION for Extension of Time to File Response/Reply as to 1 Complaint by Equal Employment Opportunity Commission, Chairman Stuart J. Ishimaru. (Hawkins, Claude) (Entered: 08/01/2011)
2011-08-02TEXT ONLY ORDER granting 7 Motion for Extension of Time. Defendants' response to the Complaint is due September 22, 2011. Signed by Honorable Jimm Larry Hendren on August 2, 2011. (kcg) (Entered: 08/02/2011)
2011-09-218ANSWER to 1 Complaint by Jacqueline A. Berrien, Equal Employment Opportunity Commission, Chairman Stuart J. Ishimaru.(Groom, Deborah) (Entered: 09/21/2011)
2011-10-189INITIAL SCHEDULING ORDER: Final Scheduling Order issue date 12/19/2011. Jury Trial set for 9/10/2012 08:30 AM in Harrison -- 2nd flr (Rm 231) before Honorable Jimm Larry Hendren. Signed by Honorable Jimm Larry Hendren on October 18, 2011. (gg) (Entered: 10/18/2011)
2011-11-02TEXT ONLY MEMO OF REASSIGNMENT. Case Reassigned to Honorable P. K. Holmes, III. Honorable Jimm Larry Hendren no longer assigned to the case. (mfr) (Entered: 11/02/2011)
2011-12-0210MOTION to Amend/Correct 9 Initial Scheduling Order to Set Briefing Schedule by Jacqueline A. Berrien, Equal Employment Opportunity Commission. (Groom, Deborah) (Entered: 12/02/2011)
2011-12-0211MEMORANDUM BRIEF in Support of 10 MOTION to Amend/Correct 9 Initial Scheduling Order to Set Briefing Schedule by Jacqueline A. Berrien, Equal Employment Opportunity Commission. (Groom, Deborah) (Entered: 12/02/2011)
2011-12-0712ORDER granting in part and denying in part 10 Motion to Amend/Correct. The Court orders that, to the extent defendants seek amendment or correction of the Initial Scheduling Order, their Motion is DENIED, and that the deadlines set forth in the Initial Scheduling Order 19 should be and are TEMPORARILY STAYED. It is further ordered that parties are directed to file any Motions for Summary Judgment on or before January 3, 2012. Responses are due 14 days after the filing date of any responses. Should the parties fail to timely file a Motion for Summary Judgment, the court will enter an Order lifting the temporary stay and directing parties to confer in accordance with Fed. P.26(f). Signed by Honorable P. K. Holmes, III on December 7, 2011. (sh) (Entered: 12/07/2011)
2011-12-1613***DISREGARD - FILED IN ERROR*** AMENDED FINAL SCHEDULING ORDER: Jury Trial set for 9/24/2012 at 09:00 AM in Harrison -- 2nd flr (Rm 231) before Honorable P. K. Holmes, III. Signed by Jane Ann Short, Courtroom Deputy for Honorable P. K. Holmes, III on December 16, 2011. Copy of order mailed to non-CM/ECF participant. (jas) Modified text on 12/28/2011 (jas). Copy of regenerated NEF mailed to non-CM/ECF participant. (Entered: 12/16/2011)
2011-12-2814MOTION for Leave to Amend complaint, filed by Dale B Adams. (sh) (Entered: 12/28/2011)
2011-12-28TEXT ONLY ORDER Setting/Resetting Hearings: Jury Trial RE-SET for 9/24/2012 at 09:00 AM in Harrison -- 2nd flr (Rm 231) before Honorable P. K. Holmes, III.Signed by Honorable P. K. Holmes, III on December 28, 2011. Copy of Text Only Order mailed to non-CM/ECF participant. (jas) (Entered: 12/28/2011)
2011-12-28TEXT ONLY ORDER REFERRING MOTION: 14 MOTION for Leave to Amend Complaint filed by Dale B Adams. Signed by Honorable P. K. Holmes, III on December 28, 2011. Motions referred to Honorable James R. Marschewski.(jlg) (Entered: 12/28/2011)
2012-01-0315MOTION for Summary Judgment by Jacqueline A. Berrien, Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Declaration of Garner)(Groom, Deborah) (Entered: 01/03/2012)
2012-01-0316MEMORANDUM BRIEF in Support of 15 MOTION for Summary Judgment by Jacqueline A. Berrien, Equal Employment Opportunity Commission. (Groom, Deborah) (Entered: 01/03/2012)
2012-01-0317STATEMENT OF FACTS in support of 15 MOTION for Summary Judgment by Jacqueline A. Berrien, Equal Employment Opportunity Commission. (Groom, Deborah) (Entered: 01/03/2012)
2012-01-0618MOTION for leave to Amend Complaint and Combine All Pending Cases filed by Dale B Adams. (Attachments: # 1 Exhibit A-Request of 2/27/11, # 2 Exhibit B-Letter of 8/5/09, # 3 Exhibit B-2-Letter of 8/9/09, # 4 Exhibit D-Affidavit of Cherie Adams, # 5 Exhibit E-letter of 3/31/11, # 6 Exhibit F-letter of 7/12/11, # 7 Exhibit F-2-Letter of 10/29/09, # 8 Exhibit G-affidavit of Cherie and Dale Adams)(sh) (Additional attachment(s) added on 1/6/2012: # 9 Supplement Amended Complaint for Injunctive and Declaratory Relief) (sh). Modified on 1/6/2012 (sh). (Entered: 01/06/2012)
2012-01-09TEXT ONLY ORDER REFERRING MOTION: 18 MOTION to Amend/Correct filed by Dale B Adams. Signed by Honorable P. K. Holmes, III on January 9, 2012. Motions referred to Honorable James R. Marschewski.(jlg) (Entered: 01/09/2012)
2012-01-1819RESPONSE by Dale B Adams re 15 MOTION for Summary Judgment. (lw) (Entered: 01/18/2012)
2012-01-1820STATEMENT OF FACTS by Dale B Adams. (Attachments: # 1 Exhibit A, B, F, J)(lw) (Entered: 01/18/2012)
2012-01-24TEXT ONLY ORDER REFERRING MOTION: 15 MOTION for Summary Judgment filed by Jacqueline A. Berrien, Equal Employment Opportunity Commission. Signed by Honorable P. K. Holmes, III on January 24, 2012. Motions referred to Honorable James R. Marschewski.(jlg) (Entered: 01/24/2012)
2012-02-0721MOTION and BRIEF in support to Strike amending complaint and incriminating pleadings by Dale B Adams. (rw) (Entered: 02/07/2012)
2012-02-08TEXT ONLY ORDER REFERRING MOTION: 21 MOTION to Strike filed by Dale B Adams. Signed by Honorable P. K. Holmes, III on February 8, 2012. Motions referred to Honorable James R. Marschewski.(jlg) (Entered: 02/08/2012)
2012-02-2722NOTICE of Constitutional Challenge by Dale B Adams (rw) (Entered: 02/27/2012)
2012-02-2723***PLEASE DISREGARD DOCUMENT FILED IN WRONG CASE.**** MOTION for Appointment of Counsel by Dale B Adams. (rw) Modified on 2/27/2012 (rw). (Entered: 02/27/2012)
2012-03-2924MOTION to Dismiss Case by Dale B Adams. (rw) (Entered: 03/29/2012)
2012-04-0225RESPONSE to Motion re 24 MOTION to Dismiss Case filed by Jacqueline A. Berrien, Equal Employment Opportunity Commission. (Groom, Deborah) (Entered: 04/02/2012)
2012-04-0926MOTION to Withdraw 24 MOTION to Dismiss Case by Dale B Adams. (rw) (Entered: 04/09/2012)
2012-05-03TEXT ONLY ORDER granting 26 Motion to Withdraw Motion; Motions terminated: 24 MOTION to Dismiss Case filed by Dale B Adams. Signed by Honorable P. K. Holmes, III on May 3, 2012. (jlg) (Entered: 05/03/2012)
2012-07-0227ORDER denying 14 Motion for Leave, denying 18 Motion to Amend/Correct and denying 21 Motion to Strike. Signed by Honorable James R. Marschewski on July 2, 2012. (lw) (Entered: 07/02/2012)
2012-07-0228ORDER re 15 MOTION for Summary Judgment filed by Jacqueline A. Berrien and Equal Employment Opportunity Commission. Defendants are directed to file a reply brief, as set forth. Reply brief should be filed by 7/9/12. Signed by Honorable James R. Marschewski on July 2, 2012. (lw) (Entered: 07/02/2012)
2012-07-0929REPLY by Jacqueline A. Berrien, Equal Employment Opportunity Commission re 28 Order, in Support of Motion for Summary Judgment . (Attachments: # 1 Exhibit Declaration of Lynda Fier)(Groom, Deborah) (Entered: 07/09/2012)
2012-07-1830RESPONSE by Dale B Adams re 29 in opposition to EEOC Brief in support Reply. (Attachments: # 1 Exhibits A,B,C-1,A-1,D,E,F & Appendix A)(rw) (Entered: 07/18/2012)
2012-07-1831AFFIDAVIT filed by Dale B Adams re opposing 16 EEOC'S Memorandum Brief in Support of Summary Judgment. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C)(rw) (Entered: 07/18/2012)
2012-08-0832REPORT AND RECOMMENDATIONS re 15 Defendants MOTION for Summary Judgment filed by Jacqueline A. Berrien, Equal Employment Opportunity Commission. Objections to R&R due by 8/27/2012. Signed by Honorable James R. Marschewski on August 8, 2012. (sh) (Entered: 08/08/2012)
2012-09-10TEXT ONLY ORDER canceling jury trial set for 9/24/2012. Signed by Honorable P. K. Holmes, III on September 10, 2012. (jas) (Entered: 09/10/2012)
2012-09-2633ORDER AND JUDGMENT ADOPTING 32 REPORT AND RECOMMENDATIONS and granting defendants' 15 Motion for Summary Judgment; further plaintiff's case is dismissed with prejudice. Signed by Honorable P. K. Holmes, III on September 26, 2012. (rw) (Entered: 09/26/2012)
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