Rogers v. Candle Science, Inc. et al
| North Carolina Middle District Court | |
| Judge: | Catherine C Eagles |
| Referred: | L Patrick Auld |
| Case #: | 1:22-cv-00559 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:2000e Job Discrimination (Employment) |
| Case Filed: | Jul 16, 2022 |
| Terminated: | Nov 21, 2023 |
| Last checked: Friday Jan 13, 2023 4:51 AM EST |
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Defendant
CANDLE SCIENCE, INC.
114 W. Parrish St. FL 5
Durham, NC 27701 |
Represented By
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Defendant
VIVIAN CUNNINGHAM
9201 Colony Village Ln.
Raleigh, NC 27617 |
Represented By
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Defendant
LYNDSEY GIBSON
2 Spreading Oak Ct.
Durham, NC 27713 |
Represented By
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Defendant
MICHAEL SWIMM
41 Oakwood Dr.
Chapel Hill, NC 27517 |
Represented By
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Plaintiff
ANTHONY ROGERS
3400 Croasdaile Dr. Suite 300
Durham, NC 27705 |
Represented By
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| Docket last updated: 7 hours ago |
| Wednesday, November 22, 2023 | ||
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utility
Motions Referred
Wed 11/22 10:16 AM
Motions Referred: RE:26 MOTION to Withdraw as Attorney ERIN BERRY to MAG/JUDGE L. PATRICK AULD (rw) |
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order
Order on Motion to Withdraw as Attorney
Wed 11/22 10:38 AM
TEXT ORDER granting26 Motion to Withdraw. Attorney ERIN BERRY is terminated as counsel of record for Plaintiff. Issued by MAG/JUDGE L. PATRICK AULD on 11/22/2023. (AULD, L.) |
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| Tuesday, November 21, 2023 | ||
| 27 | 27
order
Judgment
Tue 11/21 4:34 PM
JUDGMENT signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 11/21/2023. The parties have reported that the case has settled. Therefore, it is ORDERED and ADJUDGED that this case is DISMISSED with prejudice. (at) |
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| 26 | 26
motion
Withdraw as Attorney
Tue 11/21 10:48 AM
MOTION to Withdraw as Attorney ERIN BERRY by on behalf of ANTHONY ROGERS.(BERRY, ERIN) |
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Text of Proposed Order
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utility
Case Referred to Judge
Tue 11/21 9:38 AM
CASE REFERRED to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES (rw) |
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| Monday, November 06, 2023 | ||
| 25 | 25
1
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order
Order on Motion for Extension of Time to File
Mon 11/06 5:03 PM
ORDER granting24 Motion for Extension of Time to File document. Stipulation of Dismissal due by 11/17/2023. Signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 11/06/2023. (Taylor, Abby) |
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Motions Submitted
Mon 11/06 9:36 AM
Motions Submitted:24 First MOTION for Extension of Time to File Stipulation of Dismissal to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES- (Winchester, Robin) |
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| Friday, November 03, 2023 | ||
| 24 | 24
motion
Extension of Time to File Document
Fri 11/03 5:30 PM
First MOTION for Extension of Time to File Stipulation of Dismissal by CANDLE SCIENCE, INC., VIVIAN CUNNINGHAM, THOMAS C. DUNCAN, LYNDSEY GIBSON, MICHAEL SWIMM.(LISKA, GERALD) |
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Att: 1
Text of Proposed Order
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| Wednesday, September 13, 2023 | ||
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Case Reported Settled
Wed 09/13 8:01 AM
Case Reported Settled Stipulation of Dismissal due by 10/12/2023. See Doc. 23 Notice of Settlement (Winchester, Robin) |
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| Tuesday, September 12, 2023 | ||
| 23 | 23
3
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notice
Notice of Settlement
Tue 09/12 9:20 AM
NOTICE of Settlement (Joint) by ANTHONY ROGERS (GENEST, JOHN) |
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| Friday, August 25, 2023 | ||
| 22 | 22
motion
Compel Discovery
Fri 08/25 4:25 PM
First MOTION to Compel Discovery by CANDLE SCIENCE, INC., VIVIAN CUNNINGHAM, LYNDSEY GIBSON, MICHAEL SWIMM. Response to Motion due by 9/8/2023(LISKA, GERALD) |
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Att: 1
3 pgs
Exhibit,
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Att: 2
1 pgs
Exhibit,
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Att: 3
1 pgs
Exhibit,
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Att: 4
3 pgs
Exhibit,
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Att: 5
5 pgs
Exhibit
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| Monday, May 01, 2023 | ||
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order
Order
Mon 05/01 11:17 AM
SUPPLEMENTAL STANDARD ORDER to6 Standard Order for civil cases to include the following: The deadlines in the Local Rules provide adequate time for briefing in all but exceptional circumstances and parties should not expect motions for extensions of time to be granted. Scheduling Orders will not be modified merely because the parties so agree. The Court expects the parties to promptly move the case towards final resolution and to build in time for coping with delays and obstacles, as they are a normal part of litigation. The press of other legal work is not a valid basis for an extension of time or a continuance, as this case is just as important as other cases and clients. Issued by JUDGE CATHERINE C. EAGLES on 5/1/23. (Winchester, Robin) |
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| Tuesday, April 25, 2023 | ||
| 21 | 21
notice
Notice of Hearing
Tue 04/25 12:23 PM
NOTICE of Hearing: Jury Trial set for 1/8/2024 09:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. A settlement conference in the above-referenced case will be set approximately 30 days before the commencement of the calendar term. Counsel are directed to bring their clients and a representative from the corporations to the settlement conference. The parties shall comply in all respects with Fed. R. Civ. P. 26(a)(3) regarding final pretrial disclosure, including the time requirements set out therein. Unless the court orders otherwise, pretrial disclosures must be made no later than December 8, 2023. Motions in limine must be filed no later than December 15, 2023. Any objections to pretrial disclosures and responses to motions in limine must be served and promptly filed no later than December 22, 2023. Each party shall file a trial brief, along with proposed instructions on the issues no later than December 18, 2023. Counsel shall consult and endeavor to file one (1) set of agreed upon jury instructions to the extent practicable and may file competing jury instructions where there is disagreement. An electronic Word version of the jury instructions shall be emailed to the assigned district judges ECF mailbox. (Winchester, Robin) |
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| Monday, February 27, 2023 | ||
| 20 | 20
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order
Order Appointing Mediator
Mon 02/27 8:27 PM
ORDER Appointing THOMAS C. DUNCAN, as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Bond, Melisa) |
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order
Mediation Scheduling Order
Mon 02/27 8:23 PM
MEDIATION SCHEDULING ORDER; Mediation due by 6/29/2023. (Bond, Melisa) |
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| Friday, February 24, 2023 | ||
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Motions Referred
Fri 02/24 8:45 AM
Motions Referred: RE:19 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim) |
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order
Rule 26f - Joint
Fri 02/24 9:48 AM
TEXT ORDER adopting19 Certification and Report of F.R.C.P. 26(f) Conference and Discovery Plan, with the following clarification: the deadlines in Paragraph 2.f) regarding service of reports from retained experts under Federal Rule of Civil Procedure 26(a)(2)(B) also apply to service of any expert disclosures required by Federal Rule of Civil Procedure 26(a)(2)(C). Issued by MAG/JUDGE L. PATRICK AULD on 02/24/2023. (AULD, L.) |
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Set/Reset Scheduling Order Deadlines
Fri 02/24 11:34 AM
Set Scheduling Order Deadlines: Discovery is Complex. Discovery due by 8/28/2023. The Parties agree that the mediator shall be Thomas C. Duncan. Dispositive motions due by 9/28/2023. The parties have discussed the issue of consent to the jurisdiction of a U.S. magistrate judge, and there is not unanimous consent. Trial is expected to take approximately five (5) to eight (8) days. (Hicks, Samantha) |
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notice
Working Copies Notice
Fri 02/24 11:35 AM
NOTICE to Counsel: Counsel shall comply with the assigned magistrate judge's working copies preference for filing non-dispositive motions and briefs including discovery matters as seen at https://www.ncmd.uscourts.gov/sites/ncmd/files/JudPref.pdf. (Hicks, Samantha) |
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| Thursday, February 23, 2023 | ||
| 19 | 19
motion
Rule 26f Report - Joint
Thu 02/23 8:18 PM
Rule 26(f) Report (Joint) filed by all parties by CANDLE SCIENCE, INC., VIVIAN CUNNINGHAM, LYNDSEY GIBSON, MICHAEL SWIMM.(LISKA, GERALD) |
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| Monday, January 30, 2023 | ||
| 18 | 18
notice
Notice of Attorney Appearance
Mon 01/30 11:32 AM
NOTICE of Attorney Appearance by attorney JOHN MICHAEL GENEST on behalf of Plaintiff ANTHONY ROGERS (GENEST, JOHN) |
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| Friday, January 20, 2023 | ||
| 17 | 17
notice
Notice of Initial Pretrial Conference Hearing
Fri 01/20 1:36 PM
NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 2/27/2023 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim) |
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| Thursday, January 19, 2023 | ||
| 16 | 16
answer
Answer to Complaint
Thu 01/19 5:38 PM
ANSWER to1 Complaint with Jury Demand by CANDLE SCIENCE, INC., VIVIAN CUNNINGHAM, LYNDSEY GIBSON, MICHAEL SWIMM. (LISKA, GERALD) |
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| Thursday, January 05, 2023 | ||
| 15 | 15
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order
Order on Motion to Dismiss for Failure to State a Claim
Thu 01/05 1:42 PM
ORDER signed by JUDGE CATHERINE C. EAGLES on 1/5/2023; that the defendants' partial motion to dismiss, Doc.9 , is GRANTED in part and DENIED in part as follows: 1. The first and second causes of action, Doc.1 at ¶¶ 64-78, are DISMISSED as to the defendants Cunningham, Gibson, and Swimm only but shall proceed against the defendant Candle Science, Inc. 2. The sixth cause of action, id. at ¶¶ 96-102, is DISMISSED as to all the defendants. 3. The third, fourth, and fifth causes of action, id. at ¶¶ 79-95, shall proceed against all the defendants. 4. To the extent the allegations at id. at ¶¶ 103-109 can be read as a separate cause of action, that cause of action is DISMISSED, but the allegations remain a part of the complaint to the extent they allege facts by which the acts of employees might be attributable to Candle Science, Inc. (Hicks, Samantha) |
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| Wednesday, December 28, 2022 | ||
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Motions Submitted
Wed 12/28 10:38 AM
Motions Submitted:9 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to JUDGE CATHERINE C. EAGLES- (Winchester, Robin) |
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| Tuesday, December 27, 2022 | ||
| 14 | 14
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respm
Reply to Response to Motion
Tue 12/27 10:36 PM
REPLY, filed by Defendants CANDLE SCIENCE, INC., VIVIAN CUNNINGHAM, LYNDSEY GIBSON, MICHAEL SWIMM, to Response to9 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CANDLE SCIENCE, INC., VIVIAN CUNNINGHAM, LYNDSEY GIBSON, MICHAEL SWIMM. (LISKA, GERALD) |
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| Tuesday, December 13, 2022 | ||
| 13 | 13
respm
Response in Opposition to Motion
Tue 12/13 5:08 PM
RESPONSE in Opposition re9 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CANDLE SCIENCE, INC., MICHAEL SWIMM, LYNDSEY GIBSON, VIVIAN CUNNINGHAM,10 Brief filed by ANTHONY ROGERS. Replies due by 12/27/2022 (BERRY, ERIN) |
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| Wednesday, November 30, 2022 | ||
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Motions Referred
Wed 11/30 6:57 AM
Motions Referred: RE:12 First MOTION for Extension of Time to File Response/Reply as to9 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to MAG/JUDGE L. PATRICK AULD (Winchester, Robin) |
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order
Order on Motion for Extension of Time to File Response/Reply
Wed 11/30 9:03 AM
TEXT ORDER granting12 Consent Motion for Extension of Time. Plaintiff shall file any response to9 Partial Motion to Dismiss by 12/13/2022. Issued by MAG/JUDGE L. PATRICK AULD on 11/30/2022. (AULD, L.) |
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| Friday, November 25, 2022 | ||
| 12 | 12
motion
Extension of Time to File Response/Reply
Fri 11/25 8:42 PM
First MOTION for Extension of Time to File Response/Reply as to9 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ANTHONY ROGERS.(BERRY, ERIN) |
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Att: 1
Text of Proposed Order
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| Wednesday, November 16, 2022 | ||
| 11 | 11
notice
Notice - Other
Wed 11/16 10:34 AM
NOTICE by CANDLE SCIENCE, INC., VIVIAN CUNNINGHAM, LYNDSEY GIBSON, MICHAEL SWIMM re10 Brief Certificate of Word Count (LISKA, GERALD) |
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| Thursday, November 10, 2022 | ||
| 10 | 10
respm
Brief
Thu 11/10 4:32 PM
BRIEF re9 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (LISKA, GERALD) |
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| Monday, November 07, 2022 | ||
| 9 | 9
motion
Dismiss for Failure to State a Claim
Mon 11/07 5:45 PM
First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CANDLE SCIENCE, INC., VIVIAN CUNNINGHAM, LYNDSEY GIBSON, MICHAEL SWIMM. Response to Motion due by 11/28/2022(LISKA, GERALD) |
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Att: 1
Exhibit Memorandum In Support of
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| Thursday, October 20, 2022 | ||
| 8 | 8
service
Waiver of Service Executed
Thu 10/20 11:45 AM
WAIVER OF SERVICE Returned Executed by ANTHONY ROGERS. All Defendants. (BERRY, ERIN) |
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| 7 | 7
notice
Notice - Other
Thu 10/20 11:10 AM
NOTICE to Plaintiff of Failure to Make Service within 90 Days. (Winchester, Robin) |
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| Wednesday, July 20, 2022 | ||
| 6 | 6
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order
Order
Wed 07/20 8:36 AM
STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES.(Winchester, Robin) |
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| Tuesday, July 19, 2022 | ||
| 5 | 5
notice
Notice of Right to Consent
Tue 07/19 10:57 AM
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Carter, Alexus) |
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Att: 1
Consent Form
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| 4 | 4
service
Summons Issued
Tue 07/19 10:56 AM
Summons Issued as to All Defendants. (Carter, Alexus) |
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Att: 1
2 pgs
Summons - VIVIAN CUNNINGHAM,
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Att: 2
Summons - LYNDSEY GIBSON,
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Att: 3
Summons - MICHAEL SWIMM
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Case Assigned
Tue 07/19 10:50 AM
Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE L. PATRICK AULD. (Carter, Alexus) |
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Case Referred to Mediation
Tue 07/19 10:58 AM
CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Carter, Alexus) |
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| Saturday, July 16, 2022 | ||
| 3 | 3
misc
Corporate Disclosure Statement
Sat 07/16 7:24 PM
Corporate Disclosure Statement by Plaintiff Anthony Rogers. (BERRY, ERIN) |
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| 2 | 2
notice
Notice of Attorney Appearance
Sat 07/16 7:05 PM
NOTICE of Attorney Appearance by attorney ERIN BERRY on behalf of Plaintiff Anthony Rogers (BERRY, ERIN) |
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| 1 | 1
18
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cmp
Complaint
Sat 07/16 6:37 PM
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ANCMDC-3338864.), filed by Anthony Rogers.(BERRY, ERIN) |
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Att: 1
2 pgs
Civil Cover Sheet,
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Att: 2
5 pgs
Exhibit
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