JANE DOE v. DUNKIN' DONUTS et al (5:19-cv-05275), Pennsylvania Eastern District Court

JANE DOE v. DUNKIN' DONUTS et al

Pennsylvania Eastern District Court
Judge:	Joseph F Leeson, Jr
Case #:	5:19-cv-05275
Nature of Suit	442 Civil Rights - Employment
Cause	42:2000e Job Discrimination (Employment)

Case Filed:	Nov 08, 2019
Terminated:	Nov 09, 2020

Last checked: Wednesday May 06, 2020 5:08 AM EDT

Defendant TRIANGLE DOUGHNUTS, LLC	Represented By VICTOR E. SCOMILLIO Boyer, Holzinger & Harak contact info
Plaintiff JANE DOE	Represented By JUSTIN F. ROBINETTE The Law Offices Of Eric A Shore, P.C. contact info
TERMINATED PARTIES
Defendant DUNKIN' DONUTS Terminated: 03/03/2020	Represented By MICHAEL D. RIDENOUR Jackson Lewis PC contact info

	GPO Jun 23 2020 OPINION. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 6/23/20. 6/23/20 ENTERED AND COPIES E-MAILED.(er, )
	GPO Jun 23 2020 ORDER THAT PLAINTIFF IS GRANTED LEAVE, ON A CONDITIONAL BASIS TO PROCEED IN THIS LAWSUIT UNDER THE PSEUDONYM "JANE DOE." PLAINTIFF SHALL CONDUCT HER DEPOSITION AND TRIAL USING A SINGLE, PREFERRED NAME. DEFENDANT SHALL BE ALLOWED TO CHALLENGE THE ANONYMITY ISSUE IF CIRCUMSTANCES OF THIS CASE CHANGE. THE COURT RETAINS THE RIGHT TO REEXAMINE THE ISSUE ON ITS OWN INITIATIVE IF CIRCUMSTANCES OF THIS CASE CHANGE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 6/23/20. 6/23/20 ENTERED AND COPIES E-MAILED.(er, )
	GPO Jul 16 2020 OPINION. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/16/20. 7/16/20 ENTERED AND COPIES E-MAILED.(er, )
	GPO Jul 16 2020 ORDER THAT DEFENDANT'S MOTION TO DISMISS, ECF NO. 15, IS GRANTED, IN PART, AND DENIED, IN PART. THE MOTION IS GRANTED WITH RESPECT TO PLAINTIFF'S CLAIMS FOR RACE-BASED HOSTILE WORK ENVIRONMENT, RACE-BASED DISCRIMINATION, AND RACE-BASED RETALIATION (CLAIMS XVI, XVII, AND XVIII, RESPECTIVELY). THESE CLAIMS ARE DISMISSED, WITH PREJUDICE. THE MOTION IS DENIED AS TO ALL OTHER CLAIMS. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/16/20. 7/16/20 ENTERED AND COPIES E-MAILED.(er, )

Docket last updated: 12 hours ago

Monday, November 09, 2020
36		36 1 pgs order Order Dismissing Case - 41(b) Mon 11/09 11:59 AM ORDER THAT THE ABOVE ACTION IS DISMISSED WITH PREJUDICE, PURSUANT TO AGREEMENT OF COUNSEL WITHOUT COSTS. THE COURT INTENDS TO RETAIN JURISDICTION FOR NINETY (90) DAYS FROM NOW, AND ANY SETTLEMENT AGREEMENT IS APPROVED AND MADE A PART OF THE RECORD AND THIS ORDER FOR ENFORCEMENT PURPOSES ONLY. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 11/9/20. 11/9/20 ENTERED AND COPIES E-MAILED.(mas, ) Related: [-]
Thursday, October 15, 2020
35		35 minutes Settlement Conference Thu 10/15 11:08 AM Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN. Settlement Conference held on 10/15/20. (mas, ) Related: [-]
Tuesday, September 22, 2020
34		34 2 pgs order Order Tue 09/22 3:06 PM ORDER THAT AN IN PERSON SETTLEMENT CONFERENCE IN THE ABOVE-CAPTIONED CASE WILL BE HELD ON THURSDAY, NOVEMBER 5, 2020 AT 9:30 AM BEFORE THE HONORABLE HENRY S. PERKIN, UNITED STATES MAGISTRATE JUDGE, IN SUITE 4401, UNITED STATES COURTHOUSE AND FEDERAL BUILDING, 504 WEST HAMILTON STREET, ALLENTOWN, PA. IT IS RECOMMENDED THAT YOU PARK AT THE PUBLIC PARKING GARAGE LOCATED AT 6TH & WALNUT STREET. THERE IS AN ENTRANCE ON BOTH WALNUT AND 6TH STREETS. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 9/22/20. 9/22/20 ENTERED AND COPIES E-MAILED.(er, ) Related: [-]
33		33 3 pgs order Order Tue 09/22 3:04 PM ORDER THAT A TELEPHONIC SETTLEMENT/STATUS CONFERENCE IN THE ABOVE-CAPTIONED CASE WILL BE HELD ON THURSDAY, OCTOBER 15, 2020, AT 9:30 AM BEFORE THE HONORABLE HENRY S. PERKIN, UNITED STATES MAGISTRATE JUDGE. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 9/22/20. 9/22/20 ENTERED AND COPIES E-MAILED.(er, ) Related: [-]
		utility Set/Reset Hearings Tue 09/22 3:08 PM Set/Reset Hearings:TELEPHONIC SETTLEMENT CONFERENCE SET FOR 10/15/2020 09:30 AM BEFORE MAGISTRATE JUDGE HENRY S. PERKIN. SETTLEMENT CONFERENCE SET FOR 11/5/2020 09:30 AM IN Allentown BEFORE MAGISTRATE JUDGE HENRY S. PERKIN. (er, ) Related: [-]
Friday, September 18, 2020
32		32 1 pgs order Order Referring Case to Magistrate Judge-Settlement Fri 09/18 1:47 PM ORDER OF 9/17/20 THAT THE WITHIN MATTER IS REFERRED TO U.S. MAGISTRATE JUDGE: HENRY S. PERKIN FOR A SETTLEMENT CONFERENCE ON OR AFTER SEPTEMBER 30, 2020. ETC. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 9/17/20. 9/18/20 ENTERED AND COPIES E-MAILED. (DT) Related: [-]
31		31 order Scheduling Order Fri 09/18 1:46 PM SCHEDULING ORDER OF 9/17/20 THAT DEADLINE FOR COMPLETION OF ALL FACT DICOVERY: DECEMBER 15, 2020. ETC. EXPERT DISCOVERY: DISCLOSURE OF EXPERT WITNESSES ON OR BEFORE NOVEMBER 2, 2020, ETC. DEADLINE FOR COMPLETION OF PLAINTIFF'S EXPERT DISCOVERY: DECEMBER 15, 2020. ETC. COMPLETION OF DEFENDANT'S EXPERT DISCOVERY: JANUARY 14, 2021. ETC. DEADLINE FOR FILING OF DISPOSITIVE MOTIONS NOT LATER THAN DECEMBER 15, 2020. ETC. A FINAL PRETRIAL CONFERENCE WILL BE HELD ON MARCH 10, 2021 AT 4:00PM IN COURTROOM 3C IN ALLENTOWN. ETC. TRIAL IN THIS CASE IS SCHEDULED FOR MARCH 15, 2021 AT 9:00AM. ETC. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 9/17/20. 9/17/20 ENTERED AND COPIES E-MAILED. (DT) FINAL PRETRIAL CONFERENCE SET FOR 3/10/2021 04:00 PM IN COURTROOM BEFO Modified on 9/18/2020 (dt, ) Related: [-]
		utility Set/Reset Scheduling Order Deadlines Fri 09/18 1:59 PM Set/Reset Scheduling Order Deadlines:DISPOSITIVE MOTIONS DUE BY 12/15/2020. (SEE PAPER 31)(dt, ) Related: [-]
Wednesday, September 16, 2020
30		30 minutes Pretrial Conference - Interim Wed 09/16 3:12 PM Minute Entry for proceedings held before HONORABLE JOSEPH F. LEESON, JR. Pretrial Conference held on 9/16/20. (mas, ) Related: [-]
Thursday, August 20, 2020
29		29 notice Notice of Hearing Thu 08/20 12:21 PM NOTICE OF SCHEDULING OF INITIAL FED.R.CIV.P. 16 PRETRIAL CONFERENCE: AN INITIAL FEDERAL RULE OF CIVIL PROCEDURE 16 PRETRIAL CONFERENCE HAS BEEN SCHEDULED FOR WEDNESDAY, SEPTEMBER 16, 2020, AT 2:00 P.M. BEFORE THE HONORABLE JOSEPH F. LEESON, JR. VIA TELEPHONE. COUNSEL WILL BE PROVIDED WITH CALL-IN INFORMATION BY EMAIL.(dja, ) Related: [-]
Tuesday, August 04, 2020
28		28 answer Answer to Amended Complaint Tue 08/04 4:50 PM ANSWER to12 Amended Complaint with affirmative defenses by TRIANGLE DOUGHNUTS, LLC.(SCOMILLIO, VICTOR) Related: [-]
Wednesday, July 22, 2020
27		27 1 pgs order Order Wed 07/22 2:29 PM ORDER THAT PLAINTIFF'S COUNSEL SHALL, FORTHWITH, FORWARD TO THE CHAMBERS OF THE UNDERSIGNED AN UNREDACTED COPY OF THE OPERATIVE PLEADING IN THIS MATTER, WHICH SHALL CLEARLY IDENTIFY THE PLAINTIFF BY NAME AND ADDRESS. THIS DOCUMENT WILL BE KEPT SECURE AND CONFIDENTIAL IN THE COURT'S CASE FILE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/22/20. 7/22/20 ENTERED AND COPIES E-MAILED.(er, ) Related: [-]
Thursday, July 16, 2020
26		26 1 pgs order Memorandum and/or Opinion Order Thu 07/16 4:10 PM ORDER THAT DEFENDANT'S MOTION TO DISMISS, ECF NO. 15, IS GRANTED, IN PART, AND DENIED, IN PART. THE MOTION IS GRANTED WITH RESPECT TO PLAINTIFF'S CLAIMS FOR RACE-BASED HOSTILE WORK ENVIRONMENT, RACE-BASED DISCRIMINATION, AND RACE-BASED RETALIATION (CLAIMS XVI, XVII, AND XVIII, RESPECTIVELY). THESE CLAIMS ARE DISMISSED, WITH PREJUDICE. THE MOTION IS DENIED AS TO ALL OTHER CLAIMS. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/16/20. 7/16/20 ENTERED AND COPIES E-MAILED.(er, ) Related: [-]
25		25 37 pgs order Memorandum and/or Opinion Thu 07/16 4:07 PM OPINION. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/16/20. 7/16/20 ENTERED AND COPIES E-MAILED.(er, ) Related: [-]
Tuesday, June 23, 2020
24		24 1 pgs order Memorandum and/or Opinion Order Tue 06/23 1:23 PM ORDER THAT PLAINTIFF IS GRANTED LEAVE, ON A CONDITIONAL BASIS TO PROCEED IN THIS LAWSUIT UNDER THE PSEUDONYM "JANE DOE." PLAINTIFF SHALL CONDUCT HER DEPOSITION AND TRIAL USING A SINGLE, PREFERRED NAME. DEFENDANT SHALL BE ALLOWED TO CHALLENGE THE ANONYMITY ISSUE IF CIRCUMSTANCES OF THIS CASE CHANGE. THE COURT RETAINS THE RIGHT TO REEXAMINE THE ISSUE ON ITS OWN INITIATIVE IF CIRCUMSTANCES OF THIS CASE CHANGE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 6/23/20. 6/23/20 ENTERED AND COPIES E-MAILED.(er, ) Related: [-]
23		23 13 pgs order Memorandum and/or Opinion Tue 06/23 1:19 PM OPINION. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 6/23/20. 6/23/20 ENTERED AND COPIES E-MAILED.(er, ) Related: [-]
Tuesday, March 03, 2020
22		22 order Stipulation and Order ~Util - Add and Terminate Parties ~Util - Add and Terminate Attorneys Tue 03/03 5:35 PM STIPULATION AND ORDER THAT ALL OF THE CLAIMS ASSERTED BY PLAINTIFF AGAINST DUNKIN' DONUTS FRANCHISING LLC (INCORRECTLY PLED AS "DUNKIN' DONUTS") IN PLAINTIFFS FIRST AMENDED COMPLAINT (PACER DOCKET ENTRY NO.12 ) BE AND HEREBY ARE DISMISSED WITHOUT PREJUDICE, AND WITHOUT ANY AWARD OF COSTS OR ATTORNEYS' FEES TO ANY PARTY. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/3/20. 3/3/20 ENTERED AND COPIES E-MAILED.(mas, ) Related: [-]
Thursday, February 13, 2020
21		21 motion Dismiss for Failure to State a Claim Thu 02/13 3:44 PM MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DUNKIN' DONUTS.Memorandum, Certificate of Service.(RIDENOUR, MICHAEL) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Certificate of Non-Concurrence,
		Att: 3 Text of Proposed Order
Wednesday, February 12, 2020
20		20 3 pgs order Order ~Util - Set Deadlines Wed 02/12 12:36 PM ORDER THAT THE STIPULATION IS APPROVED AND GRANTED IN PART AND DISAPPROVED AND DENIED IN PART; AND DEFENDANT, DUNKINS DONUTS DEADLINE TO FILE AN ANSWER TO PLAINTIFFS FIRST AMENDED COMPLAINT, ONLY, AND FOR NO OTHER PURPOSE, IS EXTENDED THROUGH AND INCLUDING FEBRUARY 20, 2020. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/12/20. 2/12/20 ENTERED AND COPIES E-MAILED.(mas, ) (Main Document 20 replaced on 2/12/2020) (mas, ) Related: [-]
Tuesday, February 11, 2020
19		19 notice Notice of Appearance Tue 02/11 5:13 PM NOTICE of Appearance by MICHAEL D. RIDENOUR on behalf of DUNKIN' DONUTS with Certificate of Service(RIDENOUR, MICHAEL) Related: [-]
Friday, February 07, 2020
18		18 respm Response in Opposition to Motion Sat 02/08 12:00 AM RESPONSE in Opposition re16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Brief in support of motion filed by JANE DOE.(ROBINETTE, JUSTIN) Related: [-]
		Att: 1 Exhibit A
Thursday, January 30, 2020
17		17 service Summons Returned Executed Thu 01/30 5:21 PM SUMMONS Returned Executed by JANE DOE re: Bryan Faulkner, Quikserv, Inc. served Summons and Complaint upon DUNKIN' DONUTS by Personal service by hand delivery. DUNKIN' DONUTS served on 1/22/2020, answer due 2/12/2020. (ROBINETTE, JUSTIN) Related: [-]
Friday, January 24, 2020
16		16 motion Dismiss for Failure to State a Claim Fri 01/24 1:44 PM MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Brief in support of motion filed by TRIANGLE DOUGHNUTS, LLC.Brief.(SCOMILLIO, VICTOR) Related: [-]
15		15 motion Dismiss for Failure to State a Claim Fri 01/24 1:42 PM MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for First Amended Complaint filed by TRIANGLE DOUGHNUTS, LLC.Certificate of Counsel and Certificate of Service.(SCOMILLIO, VICTOR) Related: [-]
Monday, January 06, 2020
14		14 1 pgs order Order on Motion to Dismiss for Failure to State a Claim Tue 01/07 1:02 PM ORDER THAT THE MOTION TO DISMISS, ECF NOS.7 -8 , IS DISMISSED AS MOOT. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 1/6/20.1/7/20 ENTERED AND COPIES MAILED TO UNREP AND E-MAILED.(mas, ) Modified on 1/7/2020 (mas, ) Related: [-]
13		13 1 pgs order Order on Motion for Order Tue 01/07 9:01 AM ORDER THAT IN LIGHT OF THE FACT THAT, BASED ON CORRESPONDENCE RECEIVED BY THE COURT FROM PLAINTIFFS COUNSEL, DEFENDANT DUNKIN DONUTS HAS YET TO BE PROPERLY SERVED, AND IN LIGHT OF THE FACT THAT PLAINTIFFS TIME TO EFFECT SERVICE ON DUNKIN DONUTS HAS YET TO EXPIRE, PLAINTIFFS MOTION TO PROCEED ANONYMOUSLY, ECF NO.11 , IS DENIED, WITHOUT PREJUDICE, AS PREMATURE. PLAINTIFF SHALL HAVE LEAVE TO RE-FILER HER MOTION AFTER ALL DEFENDANTS HAVE BEEN SERVED, THE TIME TO FILE ALL RESPONSIVE PLEADINGS HAS PASSED, AND PLAINTIFF HAS FULFILLED HER OBLIGATIONS TO CONTACT [ALL] OPPOSING COUNSEL TO DISCUSS THOROUGHLY THE SUBSTANCE OF THE CONTEMPLATED MOTION AND ANY POTENTIAL RESOLUTION OF IT. SEE ECF NO.3 . SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 1/3/20.1/7/20 ENTERED AND COPIES MAILED TO UNREP AND E-MAILED.(mas, ) Related: [-]
Friday, January 03, 2020
12		12 cmp Amended Complaint Mon 01/06 12:59 PM AMENDED COMPLAINT against DUNKIN' DONUTS, TRIANGLE DOUGHNUTS, LLC; jury demand, Certificate of Service, filed by PLFF JANE DOE.(kw, ) Related: [-]
11		11 18 pgs motion Order Fri 01/03 2:54 PM Second MOTION for Order to Proceed Anonymously/File Under Pseudonym filed by JANE DOE.Brief, Proposed Order, Certificate of Non-Concurrence, Certificate of Service.(ROBINETTE, JUSTIN) Related: [-]
		service Summons Issued Mon 01/06 1:00 PM (1) Summons on Amended Complaint Issued as to DUNKIN' DONUTS. Forwarded To: counsel on 1/6/20. (kw, ) Related: [-]
Thursday, December 26, 2019
10		10 notice Notice (Other) Thu 12/26 4:31 PM DEFAULT NOTICE to all Parties that a review of the Courts records indicates that Defendant, Dunkin Donuts, has failed to timely respond to the Complaint.1If Plaintiff fails to take action to have a default entered against Defendant, Dunkin Donuts, pursuant to Federal Rule of Civil Procedure 55(a) within ten (10) days of the date of this Notice, the Court may enter an Order dismissing the Complaint against said Defendant for lack of prosecution. (mas, ) Modified on 12/26/2019 (mas, ) Related: [-]
Friday, December 20, 2019
9		9 notice Notice (Other) Fri 12/20 3:56 PM NOTICE by TRIANGLE DOUGHNUTS, LLC re7 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM NonConcurrence (SCOMILLIO, VICTOR) Related: [-]
8		8 motion Dismiss for Failure to State a Claim Fri 12/20 3:53 PM First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Brief in support of motion filed by TRIANGLE DOUGHNUTS, LLC.Brief.(SCOMILLIO, VICTOR) Related: [-]
7		7 motion Dismiss for Failure to State a Claim Fri 12/20 3:51 PM First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by TRIANGLE DOUGHNUTS, LLC.motion.(SCOMILLIO, VICTOR) Related: [-]
Friday, December 13, 2019
6		6 1 pgs order Order on Motion for Miscellaneous Relief Mon 12/16 8:39 AM ORDER THAT PLAINTIFF'S MOTION TO PROCEED ANONYMOUSLY, ECF NO. 2, IS DENIED WITHOUT PREJUDICE AND WITH LEAVE TO REFILE AFTER ALL DEFENDANTS HAVE BEEN SERVED, THE TIME TO FILE A RESPONSIVE PLEADING HAS PASSED, AND PLAINTIFF HAS FULFILLED HER OBLIGATIONS TO "CONTACT OPPOSING COUNSEL TO DISCUSS THOROUGHLY THE SUBSTANCE OF THE CONTEMPLATED MOTION AND ANY POTENTIAL RESOLUTION OF IT," SEE ECF NO. 3. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 12/13/19.12/16/19 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED.(er, ) Related: [-]
Friday, December 06, 2019
5		5 service Affidavit of Service Fri 12/06 3:22 PM AFFIDAVIT of Service by Kendra Day re: served Summons and Complaint, Procedural Order upon Manager, Carlos Lopez by Personal on 12/2/2019 (ROBINETTE, JUSTIN) Related: [-]
Wednesday, November 27, 2019
4		4 notice Notice of Appearance Wed 11/27 9:24 AM NOTICE of Appearance by VICTOR E. SCOMILLIO on behalf of TRIANGLE DOUGHNUTS, LLC with Jury Demand(SCOMILLIO, VICTOR) Related: [-]
Tuesday, November 12, 2019
3		3 2 pgs order Order Tue 11/12 4:25 PM ORDER THAT COUNSEL FOR PLAINTIFF[S] MUST SERVE THIS ORDER ON EVERY PARTY TO THIS CASE IMMEDIATELY AFTER THE PARTYS FIRST APPEARANCE, UNLESS THIS CASE WAS REMOVED FROM STATE COURT, IN WHICH CASE THIS RESPONSIBILITY FALLS ON COUNSEL FOR THE PARTY WHO REMOVED THE CASE; ETC. AS HEREIN. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 11/12/19. 11/12/19 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED.(mas, ) Related: [-]
Friday, November 08, 2019
2		2 81 pgs motion Miscellaneous Relief Fri 11/08 4:28 PM MOTION OF PLAINTIFF TO PROCEED ANONYMOUSLY filed by JANE DOE..(bw, ) Related: [-]
1		1 cmp Complaint Fri 11/08 4:25 PM COMPLAINT against DUNKIN' DONUTS, TRIANGLE DOUGHNUTS, LLC ( Filing fee $ 400 receipt number PPE206563.), filed by JANE DOE.(bw, ) Related: [-]
		misc Jury Demand Fri 11/08 4:30 PM DEMAND for Trial by Jury by JANE DOE. (bw, ) Related: [-]

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