Haggerty v. BNI Global, LLC et al
| North Carolina Western District Court | |
| Judge: | Max O Cogburn, Jr |
| Referred: | Susan C Rodriguez |
| Case #: | 3:23-cv-00298 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 28:1331 Fed. Question: Employment Discrimination |
| Case Filed: | May 17, 2023 |
| Last checked: Monday Nov 13, 2023 4:26 AM EST |
|
Counter Claimant
BNI Global, LLC
|
Represented By
|
|
Counter Claimant
Prosperity Brands, LLC
|
Represented By
|
|
Counter Defendant
Daniel Haggerty
|
Represented By
|
|
Defendant
BNI Global, LLC
|
Represented By
|
|
Defendant
Prosperity Brands, LLC
|
Represented By
|
|
Plaintiff
Daniel Haggerty
|
Represented By
|
| Docket last updated: 04/28/2025 11:59 PM EDT |
| Wednesday, April 23, 2025 | ||
|
minutes
Motion Hearing
Wed 04/23 11:22 AM
Minute Entry: MOTION HEARING held before District Judge Max O. Cogburn, Jr. Re19 MOTION for Partial Summary Judgment . Motion taken under advisement, order to issue. Plaintiffs attorney: John Buric, John Brickley. Defendants attorney: Matthew DeAntonio, Samuel Dearstyne. Court reporter: Deborah Cohen-Rojas. (ams) |
||
| Friday, April 04, 2025 | ||
|
notice
Notice of Hearing on Motion
Fri 04/04 9:50 AM
NOTICE of Hearing on Motion re:19 MOTION for Partial Summary Judgment : Motion Hearing set for 4/23/2025 10:15 AM in Courtroom #5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. This is your only notice - you will not receive a separate document. (ams) |
||
| Saturday, March 29, 2025 | ||
| 30 | 30
misc
Appendix
Sat 03/29 12:19 AM
Appendix by BNI Global, LLC, Prosperity Brands, LLC. Appendix re:19 Motion for Partial Summary Judgment,29 Reply to Response to Motion (Supplemental)(DeAntonio, Matthew) |
|
|
Att: 1
Exhibit 43 - Deposition of Daniel HaggertyVol. I (Additional Excerpts),
|
||
|
Att: 2
Exhibit 44 - Deposition of Graham WeihmillerVol. I (Additional Excerpts),
|
||
|
Att: 3
Exhibit 45 - Deposition of Graham WeihmillerVol. II (Additional Excerpts),
|
||
|
Att: 4
Exhibit 46 - Deposition of Claire ShermanVol. I (Excerpts),
|
||
|
Att: 5
Exhibit 47 - Deposition of Claire ShermanVol. II (Additional Excerpts),
|
||
|
Att: 6
Exhibit 48 - Deposition of Anna Reynolds (Additional Excerpts),
|
||
|
Att: 7
Exhibit 49 - Deposition of Janeen Leppert Lawson (Additional Excerpts),
|
||
|
Att: 8
Exhibit 50 - December 10, 2020 Email, Reynolds to Haggerty,
|
||
|
Att: 9
Exhibit 51 - March 12, 2021 Email, Haggerty to Weihmiller,
|
||
|
Att: 10
Exhibit 52 - August 19, 2021 Email, Sherman to Reynolds,
|
||
|
Att: 11
Exhibit 53 - August 20, 2021 Text Message, Weihmiller and Henry,
|
||
|
Att: 12
Exhibit 54 - August 20, 2021 Meeting Invitation, Henry to Weihmiller,
|
||
|
Att: 13
Exhibit 55 - Declaration of Michael Walchonski
|
||
| Friday, March 28, 2025 | ||
| 29 | 29
respm
Reply to Response to Motion
Fri 03/28 11:54 PM
REPLY to Response to Motion re19 MOTION for Partial Summary Judgment by BNI Global, LLC, Prosperity Brands, LLC. (DeAntonio, Matthew) |
|
| Wednesday, March 19, 2025 | ||
|
order
Order on Motion for Extension of Time
Wed 03/19 9:23 AM
TEXT-ONLY ORDER granting 28 Consent Motion for Extension of Time to File Reply re 19 MOTION for Partial Summary Judgment. Replies due by 3/28/2025. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 03/19/2025. (MKG) |
||
| Tuesday, March 18, 2025 | ||
| 28 | 28
motion
Extension of Time
Tue 03/18 4:00 PM
Consent MOTION for Extension of Time to File Response/Reply re:19 MOTION for Partial Summary Judgment by BNI Global, LLC, Prosperity Brands, LLC. Responses due by 4/1/2025 (DeAntonio, Matthew) |
|
| Thursday, March 13, 2025 | ||
| 27 | 27
respm
Response in Opposition to Motion
Thu 03/13 9:22 PM
RESPONSE in Opposition re19 MOTION for Partial Summary Judgment by Daniel Haggerty. Replies due by 3/20/2025(Buric, John) |
|
|
Att: 1
Exhibit Exhibit A,
|
||
|
Att: 2
Exhibit Exhibit B
|
||
| Thursday, February 27, 2025 | ||
| 26 | 26
motion
Extension of Time
Thu 02/27 11:11 AM
Consent MOTION for Extension of Time to File Response/Reply re:19 MOTION for Partial Summary Judgment by Daniel Haggerty. Responses due by 3/13/2025 (Buric, John) |
|
|
order
Order on Motion for Extension of Time
Thu 02/27 1:19 PM
TEXT-ONLY ORDER granting 26 Motion for Extension of Time to File Response re 19 MOTION for Partial Summary Judgment. Responses due by 3/13/2025. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 2/27/2025. (DLG) |
||
| Monday, February 24, 2025 | ||
| 25 | 25
order
Protective Order
Mon 02/24 9:25 AM
CONSENT PROTECTIVE ORDER. Signed by US Magistrate Judge Susan C. Rodriguez on 2/24/2025. (brl) |
|
| Saturday, February 15, 2025 | ||
|
order
Order on Motion to Seal Document
Sat 02/15 7:58 AM
TEXT-ONLY ORDER granting 23 Motion to Seal Document re 22 . The subject document contains and discusses confidential information. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 2/15/2025. (DLG) |
||
| Friday, February 14, 2025 | ||
| 24 | 24
5
pgs
respm
Memorandum in Support of Motion
Fri 02/14 6:48 PM
MEMORANDUM in Support re23 Consent MOTION to Seal Document22 Sealed Document,, by BNI Global, LLC, Prosperity Brands, LLC. (DeAntonio, Matthew) |
|
| 23 | 23
motion
Seal Document
Fri 02/14 6:47 PM
Consent MOTION to Seal Document22 Sealed Document,, by BNI Global, LLC, Prosperity Brands, LLC. Responses due by 2/28/2025 (DeAntonio, Matthew) |
|
| 22 | 22
misc
Sealed Document
Fri 02/14 6:43 PM
Sealed Document ( Sealed - Attorney ): Sealed Exhibits to Defendants' Motion for Partial Summary Judgment re:19 MOTION for Partial Summary Judgment ,20 Memorandum in Support of Motion (available to BNI Global, LLC, Daniel Haggerty, Prosperity Brands, LLC)(DeAntonio, Matthew) |
|
|
Att: 1
Exhibit 20 - BNI 2021 INCENTIVE PLAN FOR KEY LEADERS Dan Haggerty Filed under seal,
|
||
|
Att: 2
Exhibit 29 - Aug. 20, 2021 Email, Sherman to Weihmiller with attachmentRIF draft 2 confidential spreadsheet Filed under seal
|
||
| 21 | 21
misc
Appendix
Fri 02/14 6:37 PM
Appendix by BNI Global, LLC, Prosperity Brands, LLC. Appendix re:19 Motion for Partial Summary Judgment,20 Memorandum in Support of Motion For Partial Summary Judgment(DeAntonio, Matthew) |
|
|
Att: 1
Exhibit Deposition of Daniel HaggertyVol. I (Excerpts),
|
||
|
Att: 2
Exhibit Deposition of Daniel HaggertyVol. II (Excerpts),
|
||
|
Att: 3
Exhibit Deposition of Graham WeihmillerVol. I (Excerpts),
|
||
|
Att: 4
Exhibit Deposition of Graham WeihmillerVol. II (Excerpts),
|
||
|
Att: 5
Exhibit Deposition of Claire ShermanVol. II (Excerpts),
|
||
|
Att: 6
Exhibit Deposition of Anna Reynolds (Excerpts),
|
||
|
Att: 7
Exhibit Declaration of Graham Weihmiller,
|
||
|
Att: 8
Exhibit Declaration of Claire Sherman,
|
||
|
Att: 9
Exhibit Declaration of Stephen Schwartz,
|
||
|
Att: 10
Exhibit Declaration of Jay Henry,
|
||
|
Att: 11
Exhibit Charge of Discrimination (1/24/2022),
|
||
|
Att: 12
Exhibit Charge of Discrimination (2/9/2022),
|
||
|
Att: 13
Exhibit Plaintiffs Supplemental Objections and Responses to Defendants First Set of Interrogatories (12/19/2024),
|
||
|
Att: 14
Exhibit Sept. 9, 2017 Offer Letter to Haggerty,
|
||
|
Att: 15
Exhibit Dec. 7, 2020 Email, Haggerty to Weihmiller,
|
||
|
Att: 16
Exhibit Attachment to Dec. 7, 2020 EmailDH Career Direction Thoughts,
|
||
|
Att: 17
Exhibit Attachment to Dec. 7, 2020 EmailUS STRATEGY, 2021 2023,
|
||
|
Att: 18
Exhibit Jan. 21, 2021 Email, Weihmiller to Reynolds,
|
||
|
Att: 19
Exhibit Feb. 13, 2021 Email, Haggerty to Weihmiller,
|
||
|
Att: 20
Exhibit BNI 2021 INCENTIVE PLAN FOR KEY LEADERS Dan Haggerty Filed under seal,
|
||
|
Att: 21
Exhibit Jul. 27, 2021 Email, Sherman to Weihmiller,
|
||
|
Att: 22
Exhibit Aug. 11, 2021 Email, Kollias to Haggerty with attachmentQuarterly Performance Check-in,
|
||
|
Att: 23
Exhibit Scanned DocumentWeihmiller Message to Kollias,
|
||
|
Att: 24
Exhibit Aug. 25, 2021 Email, Haggerty to Kollias,
|
||
|
Att: 25
Exhibit Jul. 11, 2021 Email, Haggerty to Weihmiller,
|
||
|
Att: 26
Exhibit May 10, 2021 Email, Haggerty to Weihmiller,
|
||
|
Att: 27
Exhibit July 7, 2021 Email, Haggerty to Weihmiller,
|
||
|
Att: 28
Exhibit July 6, 2021 Email, Haggerty to Weihmiller,
|
||
|
Att: 29
Exhibit Aug. 20, 2021 Email, Sherman to Weihmiller with attachmentRIF draft 2_confidential spreadsheet - REDACTED / Unredacted Version to be Filed under seal,
|
||
|
Att: 30
Exhibit Aug. 2021, 2021 WhatsApp Messages, Haggerty to Weihmiller,
|
||
|
Att: 31
Exhibit Aug. 2223, 2021 Text Messages, Sherman and Weihmiller,
|
||
|
Att: 32
Exhibit Aug. 20, 2021 Email, Leppert to Weihmiller,
|
||
|
Att: 33
Exhibit Aug. 23, 2021 Microsoft Teams Chat, Sherman and Haggerty,
|
||
|
Att: 34
Exhibit Aug. 24, 2021 Email, Weihmiller to Kollias with attachmentImportant and Confidential Performance Warning,
|
||
|
Att: 35
Exhibit Aug. 24, 2021 Microsoft Teams Messages, Haggerty and Brooke,
|
||
|
Att: 36
Exhibit Aug. 23, 2021 Email, Haggerty to Brooke,
|
||
|
Att: 37
Exhibit Aug. 24, 2021 Email, Brooke to Haggerty,
|
||
|
Att: 38
Exhibit Aug. 25, 2021 Termination Letter to Haggerty,
|
||
|
Att: 39
Exhibit Sept. 23, 2021 Award Letter to Haggerty with enclosureTerms and Conditions,
|
||
|
Att: 40
Exhibit Equity Incentive Plan,
|
||
|
Att: 41
Exhibit Deposition of Daniel HaggertyVol. III (Excerpts),
|
||
|
Att: 42
Exhibit Deposition of Janeen Leppert Lawson (Excerpts)
|
||
| 20 | 20
30+
pgs
respm
Memorandum in Support of Motion
Fri 02/14 6:12 PM
MEMORANDUM in Support re19 MOTION for Partial Summary Judgment by BNI Global, LLC, Prosperity Brands, LLC. (DeAntonio, Matthew) |
|
| 19 | 19
motion
Partial Summary Judgment
Fri 02/14 5:45 PM
MOTION for Partial Summary Judgment by BNI Global, LLC, Prosperity Brands, LLC. Responses due by 2/28/2025 (DeAntonio, Matthew) |
|
| Thursday, February 13, 2025 | ||
| 18 | 18
motion
Protective Order
Thu 02/13 3:45 PM
Consent MOTION for Protective Order by BNI Global, LLC, Prosperity Brands, LLC. Responses due by 2/27/2025 (DeAntonio, Matthew) |
|
|
Att: 1
Proposed Order
|
||
| Friday, December 20, 2024 | ||
| 17 | 17
motion
Extension of Time
Fri 12/20 9:44 AM
Joint MOTION for Extension of Time of Scheduling Order Deadlines to File Dispositive Motions by Prosperity Brands, LLC, BNI Global, LLC. Responses due by 1/3/2025 (DeAntonio, Matthew) |
|
|
order
Order on Motion for Extension of Time
Fri 12/20 9:53 AM
TEXT-ONLY ORDER granting 17 Motion for Extension of Time of Scheduling Order Deadlines. Motions due by 2/14/2025. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 12/20/2024. (DLG) |
||
| Wednesday, October 16, 2024 | ||
| 16 | 16
misc
Stipulation
Wed 10/16 2:07 PM
STIPULATION Regarding Status of Remaining Claims by Daniel Haggerty (Buric, John) |
|
| Thursday, October 03, 2024 | ||
|
utility
Set/Reset Pretrial Order Deadlines
Thu 10/03 10:31 AM
Set/Reset Pretrial Order Deadlines: Discovery due by 11/22/2024. Motions due by 12/20/2024. Jury Trial set for 8/18/2025 09:30 AM in Courtroom #5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. (ams) |
||
| Wednesday, September 25, 2024 | ||
|
order
Order on Motion to Amend/Correct
Wed 09/25 10:41 AM
TEXT-ONLY ORDER granting 15 Motion to Extend Scheduling Order Deadlines. Discovery completion extended to 11/22/2024. Dispositive motions due by 12/20/2024. Ready for trial date extended to 8/18/2025. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 9/25/2024. (DLG) |
||
| Tuesday, September 24, 2024 | ||
| 15 | 15
motion
Amend/Correct
Tue 09/24 2:27 PM
Joint MOTION to Amend/Correct7 Scheduling Order, Order on Motion to Amend/Correct, Order on Motion to Amend/Correct, by BNI Global, LLC, Prosperity Brands, LLC. Responses due by 10/8/2024 (DeAntonio, Matthew) |
|
| Thursday, September 19, 2024 | ||
|
minutes
Telephone Conference
Thu 09/19 5:16 PM
Minute Order: TELEPHONE CONFERENCE held before US Magistrate Judge Susan C. Rodriguez. Having reviewed the parties' written submissions and considered counsel's arguments, the Court enters the following ORDER. Defendant's request for a protective order under Fed. R. Civ. P. 26(c) that "Plaintiff may not seek discovery of the personal sex lives of Defendants' witnesses and employees" is GRANTED IN PART and DENIED IN PART as follows: the parties shall not affirmatively inquire into the personal sex lives of Defendants' employees or any witnesses. However, should the topic arise unprompted and if the parties' are unable to resolve the issue themselves, then they are granted leave to contact the Court telephonically for further discussion. So Ordered. Plaintiffs attorney: John Robert Brickley, John Robert Buric. Defendants attorney: Matthew S. DeAntonio, Samuel Martin Dearstyne. Court reporter: N/A. (DLG) |
||
| Thursday, September 12, 2024 | ||
| 14 | 14
adr
Report of Mediation
Thu 09/12 1:56 PM
REPORT of Mediation. Outcome of Mediation: Partially Settled. (James, Jason) |
|
| Wednesday, September 11, 2024 | ||
|
notice
Notice of Hearing
Wed 09/11 2:45 PM
NOTICE of Hearing: Telephone Conference set for 9/19/2024 02:00 PM in Chambers before US Magistrate Judge Susan C. Rodriguez. This is your only notice - you will not receive a separate document. (brl) |
||
| Tuesday, August 06, 2024 | ||
| 13 | 13
motion
Amend/Correct
Tue 08/06 10:58 AM
Second MOTION to Amend/Correct Scheduling Order (Joint Motion) by BNI Global, LLC, Prosperity Brands, LLC. Responses due by 8/20/2024 (DeAntonio, Matthew) |
|
|
order
Order on Motion to Amend/Correct
Tue 08/06 11:05 AM
TEXT-ONLY ORDER granting 13 Motion to Extend Scheduling Order Deadlines (Discovery Deadline). Discovery deadline extended to 9/27/2024. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 8/6/2024. (DLG) |
||
| Tuesday, July 23, 2024 | ||
| 12 | 12
notice
Notice of Appearance
Tue 07/23 3:20 PM
NOTICE of Appearance by Samuel Martin Dearstyne on behalf of BNI Global, LLC, Prosperity Brands, LLC (Dearstyne, Samuel) |
|
| Wednesday, May 22, 2024 | ||
| 11 | 11
motion
Amend/Correct
Wed 05/22 9:44 AM
Joint MOTION to Amend/Correct7 Scheduling Order, by BNI Global, LLC, Prosperity Brands, LLC. Responses due by 6/5/2024 (DeAntonio, Matthew) |
|
|
order
Order on Motion to Amend/Correct
Wed 05/22 3:36 PM
TEXT-ONLY ORDER granting 11 Joint Motion to Amend Scheduling Order. Discovery due by 8/30/2024. Plaintiff's Expert Reports due by 7/15/2024. Defendants' Expert Reports due by 8/15/2024. Mediation Deadline set for 9/13/2024. Dispositive Motions due by 9/27/2024. Ready for Trial Date February 17, 2025. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 5/22/2024. (DLG) |
||
| Friday, April 26, 2024 | ||
| 10 | 10
adr
Designation of Mediator
Fri 04/26 9:35 AM
DESIGNATION of Jason James as Mediator by all the parties. (Buric, John) (Main Document 10 replaced on 4/26/2024) (llp) |
|
| Monday, January 08, 2024 | ||
| 9 | 9
misc
Miscellaneous Filing
Mon 01/08 10:52 AM
Miscellaneous Filing by Daniel Haggerty. Designation of Secure Leave (Buric, John) |
|
| 8 | 8
misc
Miscellaneous Filing
Mon 01/08 10:36 AM
Miscellaneous Filing by Daniel Haggerty. Designation of Secure Leave (Buric, John) |
|
| Tuesday, September 12, 2023 | ||
| 7 | 7
order
Scheduling Order
Tue 09/12 11:23 AM
Pretrial Order and Case Management Plan: Estimated Trial Time: One (1) to Two (2) Weeks. Discovery due by 5/31/2024. Mediation deadline set for 6/14/2024. Motions due by 6/28/2024. Jury Trial set for 10/21/2024 09:30 AM in Courtroom #5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. Signed by US Magistrate Judge Susan C. Rodriguez on 9/12/2023. (brl) |
|
| Thursday, September 07, 2023 | ||
| 6 | 6
discov
Certification of Initial Attorneys Conference and Discovery Plan
Thu 09/07 4:34 PM
Joint CERTIFICATION of initial attorney conference and discovery plan (Buric, John) |
|
| Thursday, August 17, 2023 | ||
|
notice
Notice to Conduct Initial Attorneys Conference
Thu 08/17 9:35 AM
NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The[LINK:Certificate of Initial Attorneys Conference] , and if applicable, the[LINK:Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge] , should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 9/7/2023. (ams) |
||
| Monday, August 14, 2023 | ||
| 5 | 5
answer
Answer to Counterclaim
Mon 08/14 4:53 PM
ANSWER to4 Answer to Complaint, Counterclaim,, by Daniel Haggerty.(Buric, John) |
|
| Monday, July 24, 2023 | ||
| 4 | 4
answer
Answer to Complaint Counterclaim
Mon 07/24 6:05 PM
ANSWER to1 Complaint and , COUNTERCLAIM against Daniel Haggerty by Prosperity Brands, LLC, BNI Global, LLC.(DeAntonio, Matthew) |
|
|
Att: 1
Exhibit 1 - Equity Incentive Plan,
|
||
|
Att: 2
Exhibit 2 - BNI Global Restrictive Covenant,
|
||
|
Att: 3
Exhibit 3 - Award Letter
|
||
| Monday, June 12, 2023 | ||
| 3 | 3
service
Waiver of Service Executed
Mon 06/12 5:58 PM
WAIVER OF SERVICE Returned Executed by Prosperity Brands, LLC, BNI Global, LLC. Prosperity Brands, LLC waiver sent on 5/23/2023, answer due 7/24/2023; BNI Global, LLC waiver sent on 5/23/2023, answer due 7/24/2023. (DeAntonio, Matthew) |
|
| Thursday, May 18, 2023 | ||
| 2 | 2
service
Summons Issued
Thu 05/18 9:01 AM
Summons Issued Electronically as to BNI Global, LLC, Prosperity Brands, LLC. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 .(mdp) |
|
|
Att: 1
Summons
|
||
| Wednesday, May 17, 2023 | ||
| 1 | 1
10
pgs
cmp
Complaint
Wed 05/17 6:25 PM
COMPLAINT against All Defendants with Jury Demand, filed by Daniel Haggerty.(Buric, John) |
|
|
Att: 1
Exhibit,
|
||
|
Att: 2
Exhibit
|
||
|
utility
Case Assigned/Reassigned
Thu 05/18 8:58 AM
Case assigned to District Judge Max O. Cogburn, Jr and US Magistrate Judge Susan C. Rodriguez. Notice: You must click this link to retrieve the[LINK:Case Assignment Packet] . This is your only notice - you will not receive a separate document. (mdp) |
||