LePage v. Salina, Kansas, City of, et al

Kansas District Court
Judge:	Julie A Robinson
Referred:	Teresa J James
Case #:	5:22-cv-04020
Nature of Suit	710 Labor - Fair Labor Standards Act
Cause	28:1441 Petition for Removal - Employment Discrim

Case Filed:	Apr 15, 2022
Terminated:	Mar 30, 2023
Case in other court:	Saline County, KS District Court, 2022-CV-000059-CE

Last checked: Wednesday Oct 12, 2022 3:36 AM CDT

Defendant Larry Mullikin 2103 N. Sunridge Street Wichita, KS 67235
Defendant Salina, Kansas, City of	Represented By Terelle A. Mock Fisher, Patterson, Sayler & Smith, Llp - Topeka contact info Blake Kennedy Porter Fisher, Patterson, Sayler & Smith, Llp - Topeka contact info
Plaintiff Tim LePage	Represented By Larry G. Michel Kennedy Berkley contact info

GPO Mar 30 2023
MEMORANDUM AND ORDER. The City's Motion for Summary Judgment (Doc. 28) is granted on the FLSA retaliation claim. The Court declines to exercise supplemental jurisdiction over the remaining state-law claims. The Clerk is instructed to remand the remaining state-law claims to the Saline County District Court. Defendant Mullikin's Request for Summary Judgement [sic] (Doc. 33) and LePage's Motion to Strike (Doc. 37) are moot. Signed by District Judge Julie A. Robinson on 3/30/2023. (mam)

Docket last updated: 4 hours ago

Thursday, April 06, 2023
44		44 service Certified Mail Receipt Returned Fri 04/07 9:47 AM CERTIFIED MAIL RECEIPT returned re43 Letter addressed to Saline County Courthouse (signed for/delivered on 4/4/2023). (mam) Related: [-]
Thursday, March 30, 2023
43		43 misc Letter Thu 03/30 4:50 PM LETTER to the Saline County Courthouse in Salina, KS regarding the remand of case number 2022-CV-000059-CE (certified tracking #7020 0640 0001 1580 0484). Mailed to pro se party Larry Mullikin by regular mail. (mam) Related: [-]
42		42 order Judgment Thu 03/30 4:20 PM JUDGMENT. The Clerk is instructed to remand the remaining state-law claims to the Saline County District Court. Signed by deputy clerk on 3/30/2023. (mam) Related: [-]
41		41 16 pgs order Order on Motion for Summary Judgment Order on Motion to Strike Thu 03/30 4:17 PM MEMORANDUM AND ORDER. The City's Motion for Summary Judgment (Doc.28 ) is granted on the FLSA retaliation claim. The Court declines to exercise supplemental jurisdiction over the remaining state-law claims. The Clerk is instructed to remand the remaining state-law claims to the Saline County District Court. Defendant Mullikin's Request for Summary Judgement [sic] (Doc.33 ) and LePage's Motion to Strike (Doc.37 ) are moot. Signed by District Judge Julie A. Robinson on 3/30/2023. (mam) Related: [-]
		notice Notice Re Pro Se Mailing Thu 03/30 4:22 PM NOTICE Re: Pro Se Mailing. Documents41 Memorandum and Order and42 Judgment mailed to Larry Mullikin on 3/30/2023 by regular mail. (mam) Related: [-]
Tuesday, February 07, 2023
40		40 notice Notice of Withdrawal of Appearance Tue 02/07 10:59 AM NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Blake K. Porter as to Salina, Kansas, City of (Porter, Blake) Related: [-]
Tuesday, January 31, 2023
39		39 respm Reply to Response to Motion Tue 01/31 2:35 PM REPLY TO RESPONSE TO MOTION by Defendant Salina, Kansas, City of re:28 Motion for Summary Judgment (Porter, Blake) Related: [-]
Tuesday, January 17, 2023
38		38 22 pgs respm Memorandum in Opposition to Motion Tue 01/17 10:27 AM MEMORANDUM IN OPPOSITION by Plaintiff Tim LePage re28 MOTION for Summary Judgment (Michel, Larry) Related: [-]
		Att: 1 30 pgs Exhibit A-H
Thursday, January 05, 2023
37		37 motion Strike Thu 01/05 10:39 AM MOTION to Strike33 Motion for Summary Judgment,34 Memorandum in Support of Motion by Plaintiff Tim LePage. (Michel, Larry) Related: [-]
Tuesday, January 03, 2023
		order Order on Motion for Extension of Time to File Response/Reply Tue 01/03 8:28 AM ORDER granting as unopposed35 MOTION for Extension of Time to File Response as to28 the City of Salina's MOTION for Summary Judgment. Plaintiff's response deadline is extended to 1/18/2023. Signed by District Judge Julie A. Robinson on 1/3/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ams) Related: [-]
Friday, December 30, 2022
35		35 motion Extension of Time to File Response/Reply Fri 12/30 11:28 AM MOTION for Extension of Time to File Response as to28 MOTION for Summary Judgment to January 18, 2023 by Plaintiff Tim LePage (Michel, Larry) Related: [-]
Monday, December 26, 2022
34		34 9 pgs support Memorandum in Support of Motion Tue 12/27 2:08 PM MEMORANDUM IN SUPPORT of33 Defendant's Request for Summary Judgment by Defendant Larry Mullikin.(kas) Related: [-]
33		33 motion Summary Judgment Tue 12/27 2:06 PM Defendant's Request for Summary Judgment by Defendant Larry Mullikin (kas) Related: [-]
Friday, December 16, 2022
32		32 notice Notice to Pro Se Re Motion for Summary Judgment Fri 12/16 12:36 PM NOTICE TO PRO SE LITIGANT WHO OPPOSES A MOTION FOR SUMMARY JUDGMENT by Salina, Kansas, City of re28 MOTION for Summary Judgment (Porter, Blake) Related: [-]
		Att: 1 Appendix A - F.R.C.P. 56,
		Att: 2 Appendix B - D. Kan Rule 56.1
Thursday, December 15, 2022
		order Order on Motion for Leave to File Conventionally Thu 12/15 9:32 AM ORDER granting27 Motion for Leave to File Conventionally. Defendant may conventionally file its flash drive containing the audio recording of a March 29, 2021 meeting, which has been marked as Exhibit E to the Motion for Summary Judgment. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.). Signed by District Judge Julie A. Robinson on 12/15/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ams) Related: [-]
		support Conventionally Filed Exhibits Thu 12/15 2:07 PM CONVENTIONALLY FILED EXHIBIT IN SUPPORT of28 Motion for Summary Judgment, Exhibit E, flash drive containing the audio recording of a March 29, 2021 meeting. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mls) Related: [-]
Wednesday, December 14, 2022
29		29 24 pgs support Memorandum in Support of Motion Wed 12/14 1:45 PM MEMORANDUM IN SUPPORT of28 MOTION for Summary Judgment by Defendant Salina, Kansas, City of(Porter, Blake) Related: [-]
		Att: 1 1 pgs Exhibit List Index of Exhibits,
		Att: 2 38 pgs Exhibit A - LePage depo excerpts,
		Att: 3 3 pgs Exhibit B - 2018 reprimand,
		Att: 4 2 pgs Exhibit C - October 2018 emails,
		Att: 5 4 pgs Exhibit D - Simpson email with complaints,
		Att: 6 4 pgs Exhibit F - March 2021 emails,
		Att: 7 1 pgs Exhibit G - 2017 planned performance plan,
		Att: 8 1 pgs Exhibit H - June 2018 emails,
		Att: 9 3 pgs Exhibit I - June 2018 emails,
		Att: 10 1 pgs Exhibit J - September 2020 emails,
		Att: 11 5 pgs Exhibit K - LePage 2020 performance evaluation,
		Att: 12 2 pgs Exhibit L - January 2021 emails
28		28 motion Summary Judgment Wed 12/14 1:38 PM MOTION for Summary Judgment by Defendant Salina, Kansas, City of (Porter, Blake) Related: [-]
27		27 motion Leave to File Conventionally Wed 12/14 1:37 PM MOTION FOR LEAVE to File Exhibit E in Support of Motion for Summary Judgment Conventionally by Defendant Salina, Kansas, City of (Porter, Blake) Related: [-]
Tuesday, November 15, 2022
26		26 order Pretrial Order ~Util - Terminate Deadlines and Hearings ~Util - Set Scheduling Order Deadlines Tue 11/15 10:56 AM PRETRIAL ORDER. Confidential Settlement Reports due to Magistrate Judge by 11/23/2022 . Dispositive motion deadline extended to 12/14/2022 . At the direction of the District Judge, the Jury trial date is vacated. If the case survives summary judgment, the District Judge will schedule a final pretrial trial conference and discuss a new trial date at that time. Estimated trial time is 4 days. Signed by Magistrate Judge Teresa J. James on 11/15/2022. (Sent to pro se defendant Mullikin by email and regular mail.) (byk) Related: [-]
Wednesday, November 09, 2022
		minutes Pretrial Conference - Final Wed 11/09 1:13 PM MINUTE ENTRY for proceedings held before Magistrate Judge Teresa J. James: FINAL PRETRIAL CONFERENCE held on 11/9/2022. Parties' revisions and additions to the Pretrial Order due to chambers by 11/11/2022. Objections to revisions and additions due by 12:00 pm (noon) on 11/14/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk) Related: [-]
Thursday, November 03, 2022
		order Order ~Util - Set Hearings ~Util - Terminate Hearings Thu 11/03 8:49 AM ORDER CONTINUING FINAL PRETRIAL CONFERENCE: The Final Pretrial Conference, previously set for 11/8/2022, is hereby continued one day to 11/9/2022 at 10:00 AM by telephone before Magistrate Judge Teresa J. James. To join the telephone conference, dial CONFERENCE LINE 1-888-363-4749 and enter ACCESS CODE 4901386. Signed by Magistrate Judge Teresa J. James on 11/3/2022. Sent to pro se Defendant Mullikin by email and regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk) Related: [-]
Wednesday, September 21, 2022
23		23 notice Notice of Service Wed 09/21 2:44 PM NOTICE OF SERVICE by Tim LePage of Plaintiff's Answers to City of Salina's 1st Discovery Requests (Michel, Larry) Related: [-]
Friday, September 16, 2022
22		22 notice Notice of Service Fri 09/16 4:21 PM NOTICE OF SERVICE by Salina, Kansas, City of of Discovery Responses (Porter, Blake) Related: [-]
Thursday, August 18, 2022
21		21 discov Notice to Take Deposition Thu 08/18 9:37 AM NOTICE by Plaintiff Tim LePage of taking deposition of James Lawrence Mullikin on September 30, 2022 (Michel, Larry) Related: [-]
Wednesday, August 17, 2022
20		20 discov Notice to Take Deposition Wed 08/17 12:23 PM NOTICE by Plaintiff Tim LePage of taking deposition of Mike Schrage, Jacob Wood and Natalie Fischer on September 29-30, 2022 (Michel, Larry) Related: [-]
Tuesday, August 16, 2022
19		19 discov Notice to Take Deposition Tue 08/16 8:30 AM NOTICE by Defendant Salina, Kansas, City of of taking deposition of Tim LePage on Sepmtebmer 22, 2022 (Mock, Terelle) Related: [-]
Monday, August 15, 2022
18		18 notice Notice of Service Mon 08/15 10:36 AM NOTICE OF SERVICE by Salina, Kansas, City of of Discovery Items (Mock, Terelle) Related: [-]
Wednesday, August 10, 2022
17		17 service Return of Service of Summons EXECUTED Wed 08/10 9:00 AM ALIAS SUMMONS RETURNED EXECUTED -- Personal Service by Tim LePage upon Larry Mullikin (Michel, Larry) Related: [-]
Thursday, July 07, 2022
16		16 notice Notice of Service Thu 07/07 2:45 PM NOTICE OF SERVICE by Tim LePage of Plaintiff's Initial Disclosures (Michel, Larry) Related: [-]
15		15 2 pgs answer Answer to Complaint Thu 07/07 2:35 PM ANSWER to Complaint by Larry Mullikin. (mam) Related: [-]
Wednesday, July 06, 2022
14		14 notice Notice of Service Wed 07/06 3:14 PM NOTICE OF SERVICE by Salina, Kansas, City of of Defendant's Rule 26 Documents (Porter, Blake) Related: [-]
Friday, July 01, 2022
13		13 order Protective Order Fri 07/01 8:40 AM PROTECTIVE ORDER limiting the disclosure, dissemination, and use of certain identified categories of confidential information. Signed by Magistrate Judge Teresa J. James on 7/1/22. (ct) Related: [-]
Wednesday, June 29, 2022
12		12 order Scheduling Order Wed 06/29 4:30 PM SCHEDULING ORDER: Discovery deadline 10/21/2022. Proposed Pretrial Order due by 11/2/2022. Final Pretrial Conference set for 11/8/2022 at 01:30 PM in KC Courtroom 236 (TJJ) before Magistrate Judge Teresa J. James. Dispositive motion deadline 11/30/2022. Jury Trial set for 7/25/2023 at 09:00 AM in Topeka Courtroom (Unknown) before District Judge Julie A. Robinson. Jury trial is estimated to take 4 trial days. Signed by Magistrate Judge Teresa J. James on 6/29/2022. (tvn) Related: [-]
Monday, June 27, 2022
11		11 notice Notice of Service Mon 06/27 4:52 PM NOTICE OF SERVICE by Tim LePage of Discovery Requests to Defendant City of Salina (Michel, Larry) Related: [-]
Friday, June 24, 2022
10		10 service Return of Service Fri 06/24 2:37 PM RETURN OF SERVICE as to Larry Mullikin on 3/22/2022. (Originally filed in Saline County District Court on 3/28/2022) (sz) Related: [-]
		service Summons Issued Fri 06/24 3:10 PM SUMMONS ISSUED as to Larry Mullikin. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ada) Modified on 6/24/2022 to correct text. (ada) Related: [-]
Tuesday, June 21, 2022
		minutes Scheduling Conference Tue 06/21 10:57 AM MINUTE ENTRY for proceedings held before Magistrate Judge Teresa J. James: SCHEDULING CONFERENCE held on 6/21/2022. Scheduling Order to follow. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ct) Related: [-]
Tuesday, June 14, 2022
8		8 notice Notice of Service Tue 06/14 4:47 PM NOTICE OF SERVICE by Salina, Kansas, City of of Initial Rule 26 Disclosures (Porter, Blake) Related: [-]
Monday, May 09, 2022
7		7 order Initial Order Regarding Planning and Scheduling Mon 05/09 3:41 PM INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set by telephone for 6/21/2022 at 10:00 AM before Magistrate Judge Teresa J. James. To join the call, counsel and pro se parties shall dial CONFERENCE LINE 1-888-363-4749 and enter ACCESS CODE 4901386. Rule 26 Planning Conference Deadline 5/31/2022. Report of Parties Planning Meeting and Rule 26 Initial Disclosures due 6/14/2022. Signed by Magistrate Judge Teresa J. James on 5/9/22. (ct) Related: [-]
Friday, April 22, 2022
6		6 answer Answer to Complaint Fri 04/22 3:25 PM ANSWER to Complaint by Salina, Kansas, City of.(Porter, Blake) Related: [-]
Tuesday, April 19, 2022
5		5 misc State Court Records Tue 04/19 4:21 PM STATE COURT RECORDS from Saline County District Court.(Porter, Blake) Related: [-]
		Att: 1 State Court Records
Friday, April 15, 2022
4		4 misc Entry of Appearance Fri 04/15 1:06 PM ENTRY OF APPEARANCE by Terelle A. Mock on behalf of Salina, KS, City of. (Mock, Terelle) Related: [-]
3		3 misc Designation of Place of Trial Fri 04/15 12:59 PM DESIGNATION OF PLACE OF TRIAL filed by Defendant Salina, KS, City of - trial to be held in Topeka. (Porter, Blake) Related: [-]
2		2 misc Civil Cover Sheet Fri 04/15 12:58 PM CIVIL COVER SHEET by Defendant Salina, KS, City of. (Porter, Blake) Related: [-]
1		1 notice Notice of Removal Fri 04/15 12:58 PM NOTICE OF REMOVAL from Saline County District Court, case number 2022-CV-000059-CE Trial location of Topeka ( Filing fee $402, Internet Payment Receipt Number AKSDC-5758801.), filed by Salina, KS, City of.(Porter, Blake) Related: [-]
		Att: 1 Appendix A - Process and pleadings,
		Att: 2 Appendix B - State Notice of Removal
		notice Notice of Judge Assignment Fri 04/15 2:43 PM NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Julie A. Robinson and Magistrate Judge Teresa J. James for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh) Related: [-]

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