Burch v. Holcim US, Inc.
| Louisiana Eastern District Court | |
| Judge: | Barry W Ashe |
| Referred: | Karen Wells Roby |
| Case #: | 2:24-cv-01165 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 28:1332 Diversity-Employment Discrimination |
| Case Filed: | May 07, 2024 |
| Case in other court: | 24th Judicial District Court, 852570 |
| Last checked: Sunday Nov 03, 2024 3:58 AM CST |
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Defendant
Holcim US, Inc.
Schonekas Evans McGoey & McEachin 909 Poydras Street Suite 1600
New Orleans, LA 70112 |
Represented By
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Plaintiff
Ronald Burch
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Represented By
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GPO
Mar 05 2025
ORDER & REASONS denying 19 Motion for Summary Judgment. Signed by Judge Barry W Ashe on 3/5/2025. (clc) |
| Docket last updated: 03/12/2025 11:59 PM CDT |
| Wednesday, March 12, 2025 | ||
| 33 | 33
motion
Enroll as Counsel of Record
Wed 03/12 3:00 PM
EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Ronald Burch.(Kansas, Alan) |
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Att: 1
Proposed Order
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| 32 | 32
misc
Proposed Pretrial Order
Wed 03/12 11:53 AM
Proposed Pretrial Order by Holcim US, Inc. (Miglio, Terrence) |
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| Wednesday, March 05, 2025 | ||
| 31 | 31
16
pgs
order
Order on Motion for Summary Judgment
Thu 03/06 8:44 AM
ORDER & REASONS denying19 Motion for Summary Judgment. Signed by Judge Barry W Ashe on 3/5/2025. (clc) |
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| Friday, February 21, 2025 | ||
| 30 | 30
1
pgs
order
Order on Motion to Substitute
Fri 02/21 4:12 PM
ORDER granting28 Motion to Substitute Exhibit. FURTHER ORDERED that the exhibit attached to plaintiff's motion to substitute (R. Doc. 28-1) be filed as an attachment to plaintiff's memorandum in opposition to defendant's motion for summary judgment (R. Doc. 23) in place of R. Doc. 23-4. Signed by Judge Barry W Ashe on 02/21/2025. (go) |
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| Thursday, February 20, 2025 | ||
| 28 | 28
motion
Substitute Miscellaneous Relief
Thu 02/20 12:27 PM
EXPARTE/CONSENT MOTION to Substitute , MOTION Substitute Exhibit by Ronald Burch.(Kansas, Alan) |
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Att: 1
Exhibit,
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Att: 2
Proposed Order
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| Wednesday, February 19, 2025 | ||
| 29 | 29
minutes
Settlement Conference
Fri 02/21 12:32 PM
Minute Entry for proceedings held before Magistrate Judge Karen Wells Roby: Settlement Conference held on 2/19/2025. Negotiations were unsuccessful and a settlement was not reached. (pp)(NEF:Section M) |
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| 27 | 27
1
pgs
order
Order on Motion for Miscellaneous Relief
Wed 02/19 12:03 PM
ORDER granting26 Motion Designate Trial Attorney/Lead Counsel. FURTHER ORDERED that Terrence Miglio and Barbara Buchanan are designated as co-lead counsel for Holcim in the captioned matter. Signed by Judge Barry W Ashe on 02/19/2025. (go) |
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| Tuesday, February 18, 2025 | ||
| 26 | 26
motion
Miscellaneous Relief
Tue 02/18 2:41 PM
EXPARTE/CONSENT MOTION Designate Trial Attorney/Lead Counsel by Holcim US, Inc..(O'Neill, Gwyneth) |
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Att: 1
Proposed Order
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| Tuesday, February 11, 2025 | ||
| 25 | 25
2
pgs
order
Order Set Hearings
Tue 02/11 12:20 PM
SETTLEMENT CONFERENCE ORDER: This case has been scheduled for a Settlement Conference. All lead counsel are ORDERED TO APPEAR on FEBRUARY 19, 2025, at 2:00 PM before the undersigned Magistrate Judge. Signed by Magistrate Judge Karen Wells Roby on 2/11/2025.(lb) |
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| Tuesday, February 04, 2025 | ||
| 24 | 24
10
pgs
respm
Reply to Response to Motion
Tue 02/04 3:37 PM
REPLY to Response to Motion filed by Holcim US, Inc. re19 MOTION for Summary Judgment . (Miglio, Terrence) |
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| Wednesday, January 29, 2025 | ||
| 23 | 23
16
pgs
respm
Response/Memorandum in Opposition to Motion
Wed 01/29 11:50 PM
RESPONSE/MEMORANDUM in Opposition filed by Ronald Burch re19 MOTION for Summary Judgment .(Kansas, Alan) |
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Att: 1
Statement of Contested/Uncontested Facts,
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Att: 2
Exhibit 2- Sessa Depo,
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Att: 3
Exhibit 3 - Burch Depo,
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Att: 4
Exhibit 1 - Burch Declaration
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| Thursday, January 23, 2025 | ||
| 22 | 22
1
pgs
order
Order
Thu 01/23 12:21 PM
ORDER: Defendant Holcim US, Inc. filed a request for oral argument (R. Doc. 20) on its motion for summary judgment (R. Doc. 19). The Court declines to schedule oral argument at this time. If the Court later finds that oral argument would be helpful, counsel will be notified. Signed by Judge Barry W Ashe on 01/23/2025.(go) |
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| 21 | 21
misc
Correction of Docket Entry by Clerk
Thu 01/23 8:42 AM
Correction of Docket Entry by Clerk re19 MOTION for Summary Judgment . Filing attorney selected incorrect submission date. Correct date is 02/06/2025. Clerk took corrective action. (go) |
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| Wednesday, January 22, 2025 | ||
| 20 | 20
misc
Request/Statement of Oral Argument
Wed 01/22 6:01 PM
Request/Statement of Oral Argument by Holcim US, Inc. regarding19 MOTION for Summary Judgment (Miglio, Terrence) |
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| 19 | 19
motion
Summary Judgment
Wed 01/22 5:55 PM
MOTION for Summary Judgment by Holcim US, Inc.. Motion(s) will be submitted on 1/22/2025.(Miglio, Terrence) |
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Att: 1
Memorandum in Support,
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Att: 2
Statement of Contested/Uncontested Facts,
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Att: 3
Notice of Submission,
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Att: 4
Exhibit 1. Ronald Burch Deposition Transcript,
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Att: 5
Exhibit 2. Plaintiff's Employment Application,
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Att: 6
Exhibit 3. Gregory Sessa Deposition Transcript,
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Att: 7
Exhibit 4. Area Manager RMX Job Description,
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Att: 8
Exhibit 5. Responses to Plaintiff's Discovery Requests,
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Att: 9
Exhibit 6. 9/2/23 Email from Darren Westfall,
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Att: 10
Exhibit 7. Email Chain Regarding Cemetery Services Complaint,
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Att: 11
Exhibit 8. September Email Chain Regarding Customer Service Issues,
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Att: 12
Exhibit 9. October Email Chain Regarding Customer Service Issues,
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Att: 13
Exhibit 10. Sessa Emails Regarding Plaintiff's Poor Performance,
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Att: 14
Exhibit 11. Kim Davis Email,
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Att: 15
Exhibit 12. Sessa Emails Regarding PPE,
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Att: 16
Exhibit 13. Browning Enterprises Bid,
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Att: 17
Exhibit 14. Browning Enterprises Final Invoice,
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Att: 18
Exhibit 15. Sessa Email Regarding Customer Complaints,
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Att: 19
Exhibit 16. Sessa Email Regarding Robert Doubleday,
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Att: 20
Exhibit 17. PowerPoint Presentation,
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Att: 21
Exhibit 18. Moons Towing Invoice,
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Att: 22
Exhibit 19. List of iCare Reports,
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Att: 23
Exhibit 20. Affidavit of Robert Bourdeaux,
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Att: 24
Exhibit 21. VPC Reports,
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Att: 25
Exhibit 22. Unsworn Declaraion of Gregory Sessa,
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Att: 26
Exhibit 23 Termination Email,
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Att: 27
Exhibit 24. Confidentiality Agreement,
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Att: 28
Exhibit 25. Unpublished Cases,
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Att: 29
Exhibit 26. Affidavit of Robert Doubleday,
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Att: 30
Exhibit 27. Affidavit of Katrina Ney
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| Wednesday, January 08, 2025 | ||
| 18 | 18
trial
Witness and Exhibit List
Wed 01/08 7:23 PM
First Witness and Exhibit List by All Defendants. (Miglio, Terrence) |
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| 17 | 17
trial
Witness and Exhibit List
Wed 01/08 6:16 PM
Witness and Exhibit List by Ronald Burch. (Kansas, Alan) |
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| Monday, August 12, 2024 | ||
| 16 | 16
4
pgs
order
Scheduling Order
Mon 08/12 3:18 PM
SCHEDULING ORDER: Final Pretrial Conference reset for 3/19/2025 10:30 AM before Judge Barry W Ashe. Jury Trial reset for 4/7/2025 09:00 AM before Judge Barry W Ashe. All discovery must be completed by 3/7/2025. Signed by Judge Barry W Ashe on 8/12/2024.(clc) |
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Att: 1
7 pgs
Pretrial Notice
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| Thursday, July 18, 2024 | ||
| 15 | 15
notice
Notice of Hearing
Thu 07/18 9:15 AM
NOTICE of Hearing. Scheduling Conference set for 8/7/2024 02:00 PM before case manager by telephone. By Clerk. (clc) |
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| Friday, July 12, 2024 | ||
| 14 | 14
1
pgs
order
Order of Recusal
Fri 07/12 10:45 AM
ORDER OF RECUSAL. Judge Jane Triche Milazzo recused. Case reassigned to Judge Barry W Ashe. Signed by Judge Jane Triche Milazzo on 7/12/2024.(lag) |
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| Tuesday, June 25, 2024 | ||
| 13 | 13
1
pgs
order
Order on Motion to Appear Pro Hac Vice
Tue 06/25 11:09 AM
ORDER GRANTING11 Motion to Appear Pro Hac Vice as to Terrence Miglio. Signed by Judge Jane Triche Milazzo on 6/25/2024. (sa) |
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Att: 1
Pro Hac Notice
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| 12 | 12
1
pgs
order
Order on Motion to Appear Pro Hac Vice
Tue 06/25 11:07 AM
ORDER GRANTING10 Motion to Appear Pro Hac Vice as to Barbara E Buchanan. Signed by Judge Jane Triche Milazzo on 6/25/2024. (sa) |
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Att: 1
Pro Hac Notice
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| Monday, June 24, 2024 | ||
| 11 | 11
motion
Appear Pro Hac Vice
Mon 06/24 3:09 PM
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Terrence J. Miglio (Fee previously paid) by Holcim US, Inc..(O'Neill, Gwyneth) |
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Att: 1
Exhibit Declaration and Cert. of Good Standing,
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Att: 2
Exhibit Electronic Filing Consent Form,
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Att: 3
Proposed Order
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| 10 | 10
motion
Appear Pro Hac Vice
Mon 06/24 3:07 PM
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Barbara E. Buchanan (Fee previously paid) by Holcim US, Inc..(O'Neill, Gwyneth) |
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Att: 1
Exhibit Declaration and Cert. of Good Standing,
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Att: 2
Exhibit Electronic Filing Consent Form,
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Att: 3
Proposed Order
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| Monday, June 17, 2024 | ||
| 9 | 9
motion
Appear Pro Hac Vice
Mon 06/17 3:32 PM
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Terrence J. Miglio (Filing fee $ 100 receipt number ALAEDC-10571520) by Holcim US, Inc..(O'Neill, Gwyneth) |
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Att: 1
Exhibit Declaration and Cert. of Good Standing,
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Att: 2
Exhibit Electronic Filing Consent Form,
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Att: 3
Proposed Order
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| 8 | 8
motion
Appear Pro Hac Vice
Mon 06/17 3:27 PM
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Barbara E. Buchanan (Fee previously paid) by Holcim US, Inc..(O'Neill, Gwyneth) |
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Att: 1
Exhibit Declaration and Cert. of Good Standing,
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Att: 2
Exhibit Electronic Filing Consent Form,
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Att: 3
Proposed Order
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| 7 | 7
motion
Appear Pro Hac Vice
Mon 06/17 3:18 PM
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Barbara E. Buchanan (Filing fee $ 100 receipt number ALAEDC-10571437) by Holcim US, Inc..(O'Neill, Gwyneth) |
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Att: 1
Exhibit Declaration and Cert. of Good Standing,
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Att: 2
Exhibit Electronic Filing Consent Form
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| Monday, June 03, 2024 | ||
| 6 | 6
answer
Answer to Complaint - Notice of Removal
Mon 06/03 10:48 AM
ANSWER to1 Notice of Removal, with Jury Demand by Holcim US, Inc..(Miller, Andrea) |
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| Wednesday, May 15, 2024 | ||
| 5 | 5
1
pgs
order
Order on Motion for Extension of Time to Answer
Wed 05/15 11:36 AM
ORDER GRANTING4 Motion for Extension of Time to Answer as to Holcim US, Inc. Answer due date EXTENDED through 6/4/2024. Signed by Judge Jane Triche Milazzo on 5/15/2024. (sa) |
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| Tuesday, May 14, 2024 | ||
| 4 | 4
motion
Extension of Time to Answer
Tue 05/14 3:03 PM
EXPARTE/CONSENT MOTION for Extension of Time to Answer re1 Notice of Removal, by Holcim US, Inc..(Miller, Andrea) |
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Att: 1
Proposed Order
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| Wednesday, May 08, 2024 | ||
| 3 | 3
1
pgs
order
Order
Wed 05/08 3:35 PM
DIRECTIVE of the Clerk regarding compliance with 28:1447(b) re1 Notice of Removal, filed by Holcim US, Inc. (lb) |
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| Tuesday, May 07, 2024 | ||
| 2 | 2
misc
Initial Case Assignment
Tue 05/07 12:54 PM
Initial Case Assignment to Judge Jane Triche Milazzo and Magistrate Judge Karen Wells Roby. (cc) |
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| 1 | 1
8
pgs
notice
Notice of Removal
Tue 05/07 12:44 PM
NOTICE OF REMOVAL from 24th Judicial District Court, case number 852570 (Filing fee $ 405 receipt number ALAEDC-10517179) filed by Holcim US, Inc..Attorney Gwyneth A O'Neill added to party Holcim US, Inc.(pty:dft).(O'Neill, Gwyneth) |
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Att: 1
2 pgs
Civil Cover Sheet,
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Att: 2
3 pgs
Exhibit A,
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Att: 3
2 pgs
Exhibit B,
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Att: 4
Exhibit C
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