Kentucky Western District Court
Judge:Greg N Stivers
Referred: Lanny King
Case #: 5:22-cv-00033
Nature of Suit442 Civil Rights - Employment
Cause42:1983 Civil Rights (Employment Discrimination)
Case Filed:Mar 07, 2022
Terminated:Mar 15, 2024
Last checked: Saturday Sep 03, 2022 5:15 AM EDT
Defendant
DENSO Air Systems Kentucky
Represented By
Wendy V. Miller
Ogletree, Deakins, Nash, Smoak & Stewart, Pc - Nashville
contact info
Plaintiff
Michael Yandal
173 Covey Drive
Murray, KY 42071

GPO Mar 15 2024
MEMORANDUM OPINION AND ORDER Signed by Chief Judge Greg N. Stivers on 3/14/2024. Defendant's Motion for Summary Judgment DN 21 is GRANTED, and the Complaint is DISMISSED WITH PREJUDICE. The Clerk shall strike this matter from the active docket. cc: Counsel, Plaintiff (pro se) (KDY)

Docket last updated: 2 hours ago
Tuesday, November 26, 2024
42 42 appeal USCA Judgment Tue 11/26 5:18 PM
JUDGMENT of USCA as to38 Notice of Appeal. (JM)
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41 41 appeal USCA Order Tue 11/26 5:17 PM
ORDER of USCA as to38 Notice of Appeal. ORDER filed to dismiss case for lack of jurisdiction. No mandate to issue. (JM)
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Wednesday, September 04, 2024
40 40 appeal USCA Case Number Wed 09/04 3:07 PM
USCA Case Number 24-5810 for38 Notice of Appeal filed by Michael Yandal. (Case Manager: Patricia J. Elder) (JM)
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Friday, August 30, 2024
39 39 notice Deficiency Fri 08/30 10:46 AM
NOTICE of Deficiency re38 Notice of Appeal. Reason for Deficiency: Missing Filing Fee and/or Application to Proceed Without Payment of Fee. Failure to comply will be brought to the attention of the Court. Response due by 9/30/2024. (KDY)
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Thursday, August 29, 2024
38 38 appeal Notice of Appeal Fri 08/30 10:38 AM
NOTICE OF APPEAL as to36 Order,35 Order on Motion to Alter Judgment by Michael Yandal. No fee or motion to appeal IFP received. (KDY)
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Friday, July 26, 2024
37 37 misc Costs Taxed Fri 07/26 12:21 PM
Costs Taxed in amount of $ $1,140.71 against Michael Yandal. (KDY)
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36 36 2 pgs order Order Fri 07/26 12:08 PM
ORDER by Chief Judge Greg N. Stivers on 7/25/2024 re29 Bill of Costs filed by DENSO Air Systems Kentucky. The Clerk of Court is directed to tax Defendant's costs to Plaintiff in the amount of $1,140.71. cc: counsel, Michael Yandal (pro se) (KDY)
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35 35 3 pgs order Order on Motion to Alter Judgment Fri 07/26 12:01 PM
ORDER signed by Chief Judge Greg N. Stivers on 7/25/2024. Plaintiff's Motion to Alter or Amend28 is DENIED. cc: Counsel, Michael Yandal (pro se) (KDY)
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Wednesday, July 24, 2024
34 34 notice Notice of Change of Address Thu 07/25 4:16 PM
PLAINTIFF YANDAL'S NOTICE OF ADDRESS CHANGE by Michael Yandal. (KDY)
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Wednesday, May 08, 2024
33 33 respm Reply to Response to Motion Thu 05/09 12:57 PM
PLAINTIFF YANDAL'S REPLY TO DEFENDANT DENSO'S RESPONSE TO PLAINTIFF'S RULE 59(E) MOTION28 Motion to Alter filed by Michael Yandal. (KDY)
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Wednesday, April 24, 2024
32 32 respm Response to Motion Wed 04/24 3:44 PM
RESPONSE to Motion re28 MOTION to Alter Judgment filed by DENSO Air Systems Kentucky. (Frazier, Keith)
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Monday, April 15, 2024
31 31 notice Notice (Other) Mon 04/15 3:12 PM
NOTICE of Substitution of Counsel (Amended) by DENSO Air Systems Kentucky re30 Notice (Other) (Lemly, Benjamin)
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30 30 notice Notice (Other) Mon 04/15 12:29 PM
NOTICE of Substitution of Counsel by DENSO Air Systems Kentucky (Lemly, Benjamin)
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29 29 misc Bill of Costs Mon 04/15 10:39 AM
BILL OF COSTS Objections due by 4/29/2024. by DENSO Air Systems Kentucky. (Frazier, Keith)
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Att: 1 Affidavit - Declaration of Keith Frazier with Exhibits A-D
Friday, April 12, 2024
28 28 motion Alter Judgment Fri 04/12 5:17 PM
MOTION to Alter or Amend Order Granting Defendant's Motion for Summary Judgment (Rule 59(E) DN27 by Plaintiff Michael Yandal. (DeW)
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Friday, March 15, 2024
27 27 order Judgment Fri 03/15 11:52 AM
JUDGMENT by Chief Judge Greg N. Stivers on 3/14/2024 in favor of DENSO Air Systems Kentucky against Michael Yandal consistent with the Court's Memorandum Opinion and Order. This is a final and appealable order. cc: counsel, Plaintiff (pro se) (KDY)
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26 26 16 pgs order Order on Motion for Summary Judgment Fri 03/15 11:46 AM
MEMORANDUM OPINION AND ORDER Signed by Chief Judge Greg N. Stivers on 3/14/2024. Defendant's Motion for Summary Judgment DN21 is GRANTED, and the Complaint is DISMISSED WITH PREJUDICE. The Clerk shall strike this matter from the active docket. cc: Counsel, Plaintiff (pro se) (KDY)
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Wednesday, October 04, 2023
misc PHV Renewal Fee Wed 10/04 10:02 AM
PHV Renewal Fee: $ 150.00 receipt number 300005191 re25 Notice (Other), by DENSO Air Systems Kentucky for Keith Frazier. (TNT)
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Friday, September 29, 2023
25 25 notice Notice (Other) Fri 09/29 11:53 AM
This Court entered General Order 23-11 on July 14, 2023, regarding pro hac vice admission. Lawyers admitted pro hac vice must pay an annual, per case renewal fee of $150.00 until the within action is either concluded or the attorney has withdrawn, whichever is earlier. Failure to pay the renewal fee within thirty (30) days of the date of the attached invoice will result in the attorney being suspended from appearing in any action in front of this Court. An invoice is attached hereto. If you have any questions, please contact the District Court Clerk's Office at PHV@kywd.uscourts.gov. (KJA)
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Thursday, July 06, 2023
24 24 respm Reply to Response to Motion Thu 07/06 3:05 PM
REPLY to Response to Motion re21 MOTION for Summary Judgment filed by DENSO Air Systems Kentucky. (Frazier, Keith)
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Thursday, June 22, 2023
23 23 respm Response to Motion Fri 06/23 3:43 PM
RESPONSE to Motion re21 MOTION for Summary Judgment filed by Michael Yandal. (KJA)
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Att: 1 Memorandum in Support,
Att: 2 Statement of Facts,
Att: 3 Exhibit,
Att: 4 Proposed Order
Friday, June 02, 2023
22 22 notice Notice (Other) Fri 06/02 10:49 AM
NOTICE of Filing Proposed Order by DENSO Air Systems Kentucky re21 MOTION for Summary Judgment (Frazier, Keith)
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Att: 1 Proposed Order
Thursday, June 01, 2023
21 21 motion Summary Judgment Thu 06/01 2:42 PM
MOTION for Summary Judgment by Defendant DENSO Air Systems Kentucky (Frazier, Keith)
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Att: 1 Memorandum in Support,
Att: 2 Appendix - Record Appendix Index,
Att: 3 Exhibit 1 - Excerpts from Plaintiff's Deposition,
Att: 4 Exhibit 2 - Ex. 1 to Plaintiff's Deposition (Resume),
Att: 5 Exhibit 3 - Ex. 2 to Plaintiff's Deposition (Offer Letter),
Att: 6 Exhibit 4 - Ex. 3 to Plaintiff's Deposition (Engineer Tech Job Description),
Att: 7 Exhibit 5 - Ex. 4 to Plaintiff's Deposition (NPI Specialist Job Description),
Att: 8 Exhibit 6 - Ex. 5 to Plaintiff's Deposition (EEOC Charge),
Att: 9 Exhibit 7 - Ex. 7 to Plaintiff's Deposition (Interrogatory Responses),
Att: 10 Exhibit 8 - Ex. 10 to Plaintiff's Deposition (Resignation Letter),
Att: 11 Exhibit 9 - LeForge Declaration with Exhibits 1-6,
Att: 12 Exhibit 10 - Hurd Declaration with Exhibit 1,
Att: 13 Exhibit 11 - Excerpts from Murray Calloway Co. Hospital Records,
Att: 14 Exhibit 12 - Excerpts from Vanderbilt Medical Records
Tuesday, May 02, 2023
20 20 minutes Status Conference Tue 05/02 9:16 AM
ORDER for proceedings held before Magistrate Judge Lanny King: Telephonic Status Conference held on 5/1/2023. Defendant is granted leave to file a motion for a protective order should a discovery dispute arise. cc: counsel, Plaintiff (Pro-se) (DeW)
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Friday, April 07, 2023
19 19 notice Notice (Other) Fri 04/07 9:19 AM
NOTICE of Substitution of Attorney of Record by DENSO Air Systems Kentucky (Miller, Wendy)
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Friday, January 27, 2023
18 18 order Order - TEXT ONLY Order Referring Case to Magistrate Judge Fri 01/27 2:51 PM
TEXT ORDER by Chief Judge Greg N. Stivers (EBOC) on 1/27/2023; Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), this matter is hereby referred to U.S. Magistrate Judge Lanny King, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues; for appropriate hearings, if necessary; and for findings of fact and recommendations on any dispositive matter. Judge King is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Plaintiff, pro se; Counsel of Record (TJD)
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Wednesday, October 12, 2022
17 17 order Order - TEXT ONLY Wed 10/12 10:27 AM
TEXT ORDER OF REASSIGNMENT by Chief Judge Greg N. Stivers; IT IS HEREBY ORDERED that, pursuant to GO 22-12, this matter is reassigned to the docket of Chief Judge Greg N. Stivers for all further proceedings. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: counsel, CM-Stivers (KJA)
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Friday, September 30, 2022
16 16 minutes Telephone Conference ~Util - Referring Case to Magistrate Judge Fri 09/30 3:11 PM
SCHEDULING ORDER for proceedings held before Senior Judge Thomas B. Russell: Telephone Conference held on 9/26/2022. Amended Pleadings due by 3/1/2023. Discovery due by 5/1/2023. Case referred to Magistrate Judge Lanny King. Telephonic Status Conference set for 5/1/2023 at 10:00 AM CDT before Magistrate Judge Lanny King. Counsel and plaintiff shall connect to the call by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. Dispositive/Daubert Motions due by 6/1/2023. cc: counsel, Plaintiff (pro-se), LLK-CM (DeW)
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Monday, September 19, 2022
15 15 order Order - TEXT ONLY Mon 09/19 10:10 AM
TEXT ORDER by Senior Judge Thomas B. Russell on 9/19/2022. Due to the Court's schedule, the Telephonic Status/Scheduling Conference set for 9/21/2022 is CANCELLED and is now set for 9/26/2022 at 10:00 AM before Senior Judge Thomas B. Russell to consider the simplification of the issues, the possibility of obtaining admission of facts and documents to avoid unnecessary proof, and such other matters as may aid in the disposition of this action in conformity with the Federal Rules of Civil Procedure. Counsel and plaintiff must call 1-877-848-7030 then give the Access Code 2523122 and #, then when prompted press # again to join the call.This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (KPH) This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel, Mailed to: Michael Yandal,173 Covey Drive,Murray, KY 42071 (KPH)
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Tuesday, September 13, 2022
14 14 order Order on Motion to Appear Pro Hac Vice Tue 09/13 2:03 PM
TEXT ORDER signed by Senior Judge Thomas B. Russell on 9/13/2022 granting13 Motion to Appear Pro Hac Vice for Keith D. Frazier. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel, pro se plaintiff(KPH)
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Monday, September 12, 2022
13 13 motion Appear Pro Hac Vice Mon 09/12 3:10 PM
MOTION for Keith D. Frazier to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3656944. by Defendant DENSO Air Systems Kentucky (Frazier, Keith)
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Att: 1 - Certificate of Good Standing,
Att: 2 Proposed Order
Wednesday, September 07, 2022
12 12 order Order - TEXT ONLY Wed 09/07 4:41 PM
TEXT ORDER by Senior Judge Thomas B. Russell on 9/7/2022. A Telephonic Status/Scheduling Conference is set for 9/21/2022 at 10:00 AM before Senior Judge Thomas B. Russell to consider the simplification of the issues, the possibility of obtaining admission of facts and documents to avoid unnecessary proof, and such other matters as may aid in the disposition of this action in conformity with the Federal Rules of Civil Procedure. Counsel and plaintiff must call 1-877-848-7030 then give the Access Code 2523122 and #, then when prompted press # again to join the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel, Mailed to: Michael Yandal,173 Covey Drive,Murray, KY 42071 (KPH)
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Friday, August 26, 2022
11 11 misc Corporate Disclosure Statement Fri 08/26 3:50 PM
Corporate Disclosure Statement identifying Corporate Parent DENSO Corporation, Corporate Parent Air Systems Michigan, Corporate Parent DENSO Air Systems Corporation for DENSO Air Systems Kentucky. by DENSO Air Systems Kentucky. (Miller, Wendy)
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10 10 answer Answer to Complaint Fri 08/26 3:47 PM
ANSWER to1 Complaint by DENSO Air Systems Kentucky. (Miller, Wendy)
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Monday, August 08, 2022
9 9 service Summons Returned Executed Mon 08/08 2:56 PM
SUMMONS Returned Executed by Michael Yandal. DENSO Air Systems Kentucky served on 8/5/2022, answer due 8/26/2022. (DeW)
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Friday, July 22, 2022
8 8 service Summons Issued Fri 07/22 4:03 PM
Summons Issued as to DENSO Air Systems Kentucky. Service packet sent to USM for delivery as directed. (SMJ)
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Att: 1 USM-285
7 7 2 pgs order Order Fri 07/22 3:47 PM
ORDER signed by Senior Judge Thomas B. Russell on 7/22/2022. On preliminary review, IT IS ORDERED that Plaintiff's suit will proceed. The Clerk of Court shall issue summons, and the United States Marshal shall serve a copy of the complaint (DN1 ), summons, and this Order in accordance with Rule 4 of the Federal Rules of Civil Procedure. Plaintiff's failure to notify the Clerk of any address change or failure to comply with this or any subsequent Order of the Court may result in a dismissal of this case. The Clerk of Court is DIRECTED to mail Plaintiff a copy of the Pro Se Handbook for Non-Prisoners. cc: Plaintiff-pro se, Defendant-as directed (SMJ)
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Thursday, July 21, 2022
6 6 1 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Thu 07/21 3:58 PM
ORDER Signed by Senior Judge Thomas B. Russell on 7/20/2022 denying as moot4 Motion for Leave to Proceed in forma pauperis. cc: Counsel, Plaintiff (pro se) (JM)
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Thursday, April 14, 2022
5 5 1 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Thu 04/14 11:20 AM
ORDER signed by Senior Judge Thomas B. Russell on 4/11/2022. Granting3 Motion for Leave to Proceed in forma pauperis cc: plaintiff pro se(KJA)
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Wednesday, April 06, 2022
4 4 motion Proceed In Forma Pauperis Thu 04/07 12:15 PM
MOTION for Leave to Proceed in forma pauperis by Plaintiff Michael Yandal (KJA)
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Tuesday, March 08, 2022
3 3 motion Proceed In Forma Pauperis Wed 03/09 1:00 PM
MOTION for Leave to Proceed in forma pauperis by Plaintiff Michael Yandal. (MNM)
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Monday, March 07, 2022
2 2 utility Case Assignment Tue 03/08 3:48 PM
Case Assignment (Random Selection): Case Assigned to Senior Judge Thomas B. Russell. (MNM)
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1 1 cmp Complaint Tue 03/08 3:48 PM
COMPLAINT against DENSO Air Systems Kentucky, filed by Michael Yandal. (MNM)
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Att: 1 Summons Tendered