West Virginia Southern District Court
Judge:Thomas E Johnston
Case #: 2:24-cv-00342
Nature of Suit950 Other Statutes - Constitutionality of State Statutes
Cause28:1332 Diversity-Employment Discrimination
Case Filed:Jul 10, 2024
Terminated:Aug 29, 2024
Case in other court:Circuit Court of Mingo County, 24-C-59
Last checked: Saturday Aug 24, 2024 5:30 AM EDT
Defendant
Flowers Baking Company of Bardstown, LLC
Represented By
Jared M. Tully
Frost Brown Todd
contact info
Blake N. Humphrey
Frost Brown Todd
contact info
Defendant
ABM General Services, Inc.
Represented By
Jared M. Tully
Frost Brown Todd
contact info
Blake N. Humphrey
Frost Brown Todd
contact info
Plaintiff
Zachary Kennedy
Represented By
Nathan D. Brown
Ferrell & Brown
contact info


Docket last updated: 11 hours ago
Thursday, August 29, 2024
20 20 1 pgs order Order Dismissing Case Thu 08/29 3:12 PM
ORDER pursuant to the parties'19 Stipulation of Dismissal; DISMISSING this civil action WITHOUT PREJUDICE. Signed by Judge Thomas E. Johnston on 8/29/2024. (cc: counsel of record; any unrepresented party) (jsa)
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Wednesday, August 28, 2024
19 19 misc Stipulation Of Dismissal Wed 08/28 2:24 PM
STIPULATION OF DISMISSAL Without Prejudice by ABM General Services, Inc., Flowers Baking Company of Bardstown, LLC, Zachary Kennedy. (Tully, Jared) (Modified on 8/28/2024 to add party filer) (kew)
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Friday, August 23, 2024
18 18 1 pgs order Order ~Util - Set/Reset Deadlines/Hearings Fri 08/23 3:53 PM
ORDER continuing the scheduling conference currently scheduled for 9/4/2024 to 9/6/2024 at 10:00 AM; directing that the scheduling conference shall be held telephonically. Signed by Judge Thomas E. Johnston on 8/23/2024. (cc: counsel of record; any unrepresented party) (skm)
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Wednesday, August 21, 2024
17 17 misc Rule 26(f) Report Of Planning Meeting Wed 08/21 4:27 PM
RULE 26(f) REPORT OF PLANNING MEETING by ABM General Services, Inc., Flowers Baking Company of Bardstown, LLC. (Tully, Jared)
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Wednesday, August 14, 2024
16 16 respm Response In Opposition Wed 08/14 1:14 PM
RESPONSE by ABM General Services, Inc., Flowers Baking Company of Bardstown, LLC in opposition to11 MOTION by Zachary Kennedy to Remand Case to Circuit Court of Mingo County (Tully, Jared)
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Tuesday, August 13, 2024
15 15 notice Notice Of Appearance Tue 08/13 10:44 PM
NOTICE OF APPEARANCE by Blake N. Humphrey on behalf of ABM General Services, Inc., Flowers Baking Company of Bardstown, LLC. (Humphrey, Blake)
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Wednesday, July 31, 2024
14 14 misc Affidavit Wed 07/31 4:24 PM
AFFIDAVIT of Stephanie B Tillman, dated July 8, 2024, filed on behalf of ABM General Services, Inc., Flowers Baking Company of Bardstown, LLC re:1 Notice of Removal,, (Tully, Jared)
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13 13 misc Affidavit Wed 07/31 4:22 PM
AFFIDAVIT of Ashley D Allison, dated July 31, 2024, filed on behalf of ABM General Services, Inc., Flowers Baking Company of Bardstown, LLC re:1 Notice of Removal,, (Tully, Jared)
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12 12 10 pgs respm Memorandum In Support Wed 07/31 10:48 AM
MEMORANDUM OF LAW by Zachary Kennedy in support of11 MOTION by Zachary Kennedy to Remand Case to Circuit Court of Mingo County. (Brown, Nathan) (Modified on 7/31/2024 to remove link to #1 notice of removal) (kew)
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11 11 motion Remand To Circuit Court Wed 07/31 10:46 AM
MOTION by Zachary Kennedy to Remand Case to Circuit Court of Mingo County (Attachment: #1 Exhibit 1)(Brown, Nathan)
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Wednesday, July 17, 2024
10 10 order Clerk's Order Reassigning Case Wed 07/17 8:33 AM
CLERK'S ORDER. For reasons appearing to the court, this action is reassigned from Judge Joseph R. Goodwin to Judge Thomas E. Johnston. Signed by Clerk of Court Rory L. Perry II on 7/17/2024. (cc: counsel of record; any unrepresented party) (klc)
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Thursday, July 11, 2024
9 9 misc Disclosure Statement Pursuant To Rule 7.1, FRCivP Thu 07/11 4:37 PM
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Flowers Baking Company of Bardstown, LLC. (Tully, Jared)
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8 8 misc Disclosure Statement Pursuant To Rule 7.1, FRCivP Thu 07/11 4:37 PM
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant ABM General Services, Inc. (Tully, Jared)
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7 7 order Judge Goodwin's Order and Notice Thu 07/11 11:16 AM
ORDER AND NOTICE: Motions under Fed. R. Civ. P. 12(b) - 8/1/2024. Last day for Rule 26(f) meeting - 8/14/2024. Last day to file report of Rule 26(f) meeting - 8/21/2024. Scheduling Conference at 9:00 AM on 9/4/2024 at the Robert C. Byrd United States Courthouse, 300 Virginia Street East, Room 6610 (Library/Conference Room), Charleston, WV. Entry of scheduling order - 9/11/2024. Last day to make Rule 26(a)(1) disclosures - 9/18/2024. Signed by Judge Joseph R. Goodwin on 7/11/2024. (cc: counsel of record; any unrepresented parties) (mfo)
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6 6 notice Notice Of Failure to File Disclosure Statement Thu 07/11 10:56 AM
NOTICE OF FAILURE TO FILE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 as to ABM General Services, Inc., Flowers Baking Company of Bardstown, LLC. (mkw)
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5 5 order Mag. Judge Tinsley - Standing Order For Assignment And Referral of Civil Actions And Matters Thu 07/11 8:58 AM
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: counsel of record and any pro se party) (klc)
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Wednesday, July 10, 2024
4 4 answer Answer To Complaint Wed 07/10 5:05 PM
ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT attached to1 Notice of Removal by Flowers Baking Company of Bardstown, LLC.(Tully, Jared)
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3 3 answer Answer To Complaint Wed 07/10 5:04 PM
ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT attached to1 Notice of Removal by ABM General Services, Inc.(Tully, Jared)
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2 2 notice Notice Of Failure to File Disclosure Statement Wed 07/10 2:36 PM
NOTICE OF FAILURE TO FILE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 as to ABM General Services, Inc., Flowers Baking Company of Bardstown, LLC. (lca)
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1 1 cmp Notice Of Removal Wed 07/10 2:34 PM
NOTICE OF REMOVAL by ABM General Services, Inc., Flowers Baking Company of Bardstown, LLC with summons, complaint and docket sheet from Circuit Court of Mingo County. Filing Fee $405.00. Receipt #AWVSDC-8689514. (lca)
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Att: 1 13 pgs Exhibit A,
Att: 2 Exhibit B,
Att: 3 Declaration of Julianna Portugal,
Att: 4 Declaration of Stephanie Tillman,
Att: 5 Declaration of Allison Nelson,
Att: 6 State Court Docket Sheet,
Att: 7 State Court Summons,
Att: 8 Return for Flowers Baking,
Att: 9 Return for ABM Gerneral Services,
Att: 10 State Court Complaint,
Att: 11 Civil Cover Sheet
utility Case Assigned Thu 07/11 8:57 AM
CASE assigned to Judge Joseph R. Goodwin. (klc)
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