Burcher v. Hy-Vee, Inc.

Kansas District Court
Judge:	Daniel D Crabtree
Referred:	Rachel E Schwartz
Case #:	2:23-cv-02527
Nature of Suit	442 Civil Rights - Employment
Cause	42:2000e Job Discrimination (Employment)

Case Filed:	Nov 28, 2023
Terminated:	Jul 25, 2024

Docket
Parties (2)

Last checked: Sunday May 26, 2024 4:10 AM CDT

Defendant Hy-Vee, Inc.	Represented By Jeannie DeVeney Littler Mendelson, Pc - Kansas City contact info
Plaintiff Mikale Burcher	Represented By Whitney L. Casement Stevens & Brand, Llp - Topeka contact info

Docket last updated: 05/23/2025 11:59 PM CDT

Wednesday, August 21, 2024
44		44 misc Stipulation of Dismissal Wed 08/21 4:46 PM STIPULATION OF DISMISSAL with Prejudice by Hy-Vee, Inc.. (DeVeney, Jeannie) Related: [-]
Thursday, July 25, 2024
43		43 order Administratively Closing Case Thu 07/25 3:44 PM ORDER ADMINISTRATIVELY CLOSING CASE: Parties shall file stipulation of dismissal by August 26, 2024. Signed by District Judge Daniel D. Crabtree on July 25, 2024. (mls) Related: [-]
Tuesday, July 23, 2024
42		42 adr ADR Report Tue 07/23 3:12 PM ADR REPORT by Hy-Vee, Inc.. ADR session held on: July 8, 2024 and conducted by Dave Vogel. Results of ADR: Case settled at ADR. Status of litigation at time of ADR: Partial Discovery(DeVeney, Jeannie) Related: [-]
Monday, July 15, 2024
41		41 discov Notice to Take Deposition Mon 07/15 3:38 PM NOTICE by Defendant Hy-Vee, Inc. of taking deposition of Jennifer Beam on August 2, 2024(DeVeney, Jeannie) Related: [-]
		Att: 1 Subpoena
40		40 discov Notice to Take Deposition Mon 07/15 1:13 PM NOTICE by Defendant Hy-Vee, Inc. of taking deposition of Michael Korda on August 2, 2024(DeVeney, Jeannie) Related: [-]
		Att: 1 Subpoena
Friday, July 12, 2024
39		39 discov Notice to Take Deposition Fri 07/12 10:42 AM NOTICE by Plaintiff Mikale Burcher of taking deposition of Steve Colbern on July 30, 2024 (Casement, Whitney) Related: [-]
Tuesday, July 09, 2024
38		38 discov Notice to Take Deposition Tue 07/09 3:55 PM NOTICE by Defendant Hy-Vee, Inc. of taking deposition of Dr. Margaret McCarthy on July 26, 2024(DeVeney, Jeannie) Related: [-]
		Att: 1 Subpoena
37		37 discov Notice to Take Deposition Tue 07/09 3:54 PM NOTICE by Defendant Hy-Vee, Inc. of taking deposition of Hayley Golden on July 26, 2024(DeVeney, Jeannie) Related: [-]
		Att: 1 Subpoena
Friday, July 05, 2024
36		36 notice Notice of Service Fri 07/05 2:03 PM NOTICE OF SERVICE by Mikale Burcher of Plaintiff's Second Discovery Responses (Casement, Whitney) Related: [-]
Thursday, June 27, 2024
35		35 discov Notice to Take Deposition Thu 06/27 2:26 PM NOTICE by Defendant Hy-Vee, Inc. of taking deposition of Jennifer Beam on July 25, 2024(DeVeney, Jeannie) Related: [-]
		Att: 1 Subpoena
34		34 discov Notice to Take Deposition Thu 06/27 2:23 PM NOTICE by Defendant Hy-Vee, Inc. of taking deposition of Michael Korda on July 25, 2024(DeVeney, Jeannie) Related: [-]
		Att: 1 Subpoena
33		33 discov Notice to Take Deposition Thu 06/27 2:20 PM NOTICE by Defendant Hy-Vee, Inc. of taking deposition of Michael Paine on July 25, 2024(DeVeney, Jeannie) Related: [-]
		Att: 1 Subpoena
32		32 discov Notice to Take Deposition Thu 06/27 2:18 PM NOTICE by Defendant Hy-Vee, Inc. of taking deposition of Cassi Wagner on July 22, 2024(DeVeney, Jeannie) Related: [-]
		Att: 1 Subpoena
Wednesday, June 26, 2024
31		31 misc Certificate of Service Wed 06/26 4:39 PM CERTIFICATE OF SERVICE of Defendant's Expert Disclosures by Hy-Vee, Inc.. (DeVeney, Jeannie) Related: [-]
Tuesday, June 18, 2024
30		30 misc Certificate of Service Tue 06/18 9:51 AM CERTIFICATE OF SERVICE of Defendant's Second Supplemental Rule 26 Disclosures by Hy-Vee, Inc.. (DeVeney, Jeannie) Related: [-]
29		29 notice Joint Mediation Notice Tue 06/18 9:05 AM JOINT MEDIATION NOTICE - Mediation to be held July 8, 2024 by Hy-Vee, Inc. (DeVeney, Jeannie) Related: [-]
Thursday, June 06, 2024
28		28 misc Certificate of Service Thu 06/06 9:27 AM CERTIFICATE OF SERVICE of Defendant's Second Set of Discovery Requests Served on June 5, 2024 by Hy-Vee, Inc.. (DeVeney, Jeannie) Related: [-]
Thursday, May 30, 2024
27		27 notice Notice of Service Thu 05/30 2:40 PM NOTICE OF SERVICE by Mikale Burcher of Plaintiff's Expert Disclosures (Casement, Whitney) Related: [-]
Wednesday, May 29, 2024
26		26 discov Notice to Take Deposition Wed 05/29 4:46 PM NOTICE by Plaintiff Mikale Burcher of taking deposition of Kirby Pollet on June 28, 2024 (Casement, Whitney) Related: [-]
25		25 discov Notice to Take Deposition Wed 05/29 4:44 PM NOTICE by Plaintiff Mikale Burcher of taking deposition of Molly Pearson on June 27, 2024 (Casement, Whitney) Related: [-]
Tuesday, April 16, 2024
24		24 discov Notice to Take Deposition Tue 04/16 10:09 AM NOTICE by Plaintiff Mikale Burcher of taking deposition of Robb Budd on May 17, 2024 (Casement, Whitney) Related: [-]
23		23 discov Notice to Take Deposition Tue 04/16 10:03 AM NOTICE by Plaintiff Mikale Burcher of taking deposition of Jordan Eslick on May 15, 2024 (Casement, Whitney) Related: [-]
Monday, April 15, 2024
22		22 misc Certificate of Service Mon 04/15 10:24 AM CERTIFICATE OF SERVICE of Defendant's Supplemental Rule 26 Disclosures by Hy-Vee, Inc.. (DeVeney, Jeannie) Related: [-]
Monday, April 08, 2024
21		21 order Order on Motion for Extension of Time Mon 04/08 11:29 AM ORDER granting20 Unopposed Motion for Extension of Time by Plaintiff. Plaintiff requests a second extension of the deadline to raise with the Court the discovery disputes referenced in the Motion. The Court grants the Motion as unopposed and for good cause shown. Plaintiff has up to and including April 22, 2024, to request a discovery conference with the Court related to the discovery dispute outlined in the Motion. The Court reminds the parties again of the requirement in D. Kan. Rule 37.1(a) that they must seek a discovery conference with the Court before filing a disputed discovery-related motion, and the Court will set the deadline for any discovery-related motion at that conference should a motion be necessary. See ECF No. 19. Signed by Magistrate Judge Rachel E. Schwartz on April 8, 2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (drk) Related: [-]
Thursday, April 04, 2024
20		20 motion Extension of Time Thu 04/04 5:24 PM Unopposed MOTION for extension of time by Plaintiff Mikale Burcher Related [+] (Casement, Whitney) Related: [-] ferred to Magistrate Judge Rachel E. Schwartz
Monday, March 25, 2024
19		19 order Order on Motion for Extension of Time Mon 03/25 1:08 PM ORDER granting18 Unopposed Motion for Extension of Time by Plaintiff Mikale Burcher. Plaintiff requests an extension of the deadline to raise with the Court the discovery disputes referenced in the Motion. The Court grants the Motion as unopposed and for good cause shown. Plaintiff has up to and including April 8, 2024, to request a discovery conference with the Court related to the discovery disputes outlined in the Motion. The parties are reminded that D. Kan. Rule 37.1(a) requires that "[b]efore filing any disputed discovery-related motion, and after satisfying the duty to confer or to make a reasonable effort to confer in D. Kan. Rule 37.2, the party intending to file a discovery-related motion must contact the court to arrange a telephone conference with the judge and opposing counsel." If a discovery-related motion becomes necessary, the Court will set a deadline for the filing of any discovery-related motion at the discovery conference. Signed by Magistrate Judge Rachel E. Schwartz on 03/25/2024. (drk) Related: [-]
Thursday, March 21, 2024
18		18 motion Extension of Time Thu 03/21 4:36 PM Unopposed MOTION for extension of time by Plaintiff Mikale Burcher Related [+] (Casement, Whitney) Related: [-] ferred to Magistrate Judge Rachel E. Schwartz
17		17 order Mediation Minute Order Thu 03/21 3:47 PM Mediation Minute Order. After reviewing the parties' respective confidential settlement reports, the Court finds good cause to amend the13 Scheduling Order as follows. The parties shall file a joint mediation notice on or before June 17, 2024. Mediation shall be completed on or before July 15, 2024. All other provisions of the13 Scheduling Order remain unchanged. Signed by Magistrate Judge Rachel E. Schwartz on 03/21/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (drk) Related: [-]
Monday, March 11, 2024
16		16 discov Notice to Take Deposition Mon 03/11 5:05 PM NOTICE by Defendant Hy-Vee, Inc. of taking deposition of Mikale Burcher on April 16, 2024 (DeVeney, Jeannie) Related: [-]
Thursday, February 22, 2024
15		15 notice Notice of Service Thu 02/22 12:44 PM NOTICE OF SERVICE by Mikale Burcher of Plaintiff's Responses and Objections to Defendant's First Discovery Requests (Casement, Whitney) Related: [-]
Wednesday, February 21, 2024
14		14 misc Certificate of Service Wed 02/21 4:39 PM CERTIFICATE OF SERVICE of Defendant's Responses to Plaintiff's First Discovery Requests by Hy-Vee, Inc.. (DeVeney, Jeannie) Related: [-]
Thursday, February 01, 2024
13		13 order Scheduling Order Thu 02/01 3:11 PM SCHEDULING ORDER: Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 3/15/2024. Mediation deadline 4/26/2024. Discovery deadline 8/2/2024. Proposed Pretrial Order due by 8/14/2024. Final Pretrial Conference set for August 21, 2024, at 1:30 p.m. by telephone (CONFERENCE LINE 1-888-363-4749; ACCESS CODE 5705809) before Magistrate Judge Rachel E. Schwartz. Dispositive motion deadline 9/13/2024. Jury Trial set for June 3, 2025, at 9:00 a.m. in KC Courtroom 476 before District Judge Daniel D. Crabtree. Estimated trial time 5 days. Signed by Magistrate Judge Rachel E. Schwartz on 02/01/2023. (drk) Related: [-]
Wednesday, January 31, 2024
12		12 12 pgs order Order on Motion for Protective Order Wed 01/31 2:20 PM ORDER granting (ECF No. 11) Joint Motion for Entry of a Protective Order. The Court grants the motion and enters the parties' proposed protective order with minor modifications, which the Court communicated to the parties during the January 31, 2024 scheduling conference. Signed by Magistrate Judge Rachel E. Schwartz on 01/31/2024. (drk) Related: [-]
11		11 motion Protective Order Wed 01/31 2:18 PM Joint Motion Requesting Entry of a Protective Order. In accordance with the Guidelines for Agreed Protective Orders, the parties jointly moved for the entry of a protective order by emailing a copy of their proposed order to the Magistrate Judge's chambers on January 29, 2024. (drk) Related: [-]
10		10 minutes Scheduling Conference Wed 01/31 2:11 PM MINUTE ENTRY for proceedings held before Magistrate Judge Rachel E. Schwartz: SCHEDULING CONFERENCE held on 1/31/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (drk) Related: [-]
Monday, January 22, 2024
9		9 notice Notice of Service Mon 01/22 4:50 PM NOTICE OF SERVICE by Mikale Burcher of Plaintiff Mikale Burcher's First Discovery Requests to Defendant Hy-Vee, Inc. (Casement, Whitney) Related: [-]
Friday, January 19, 2024
8		8 misc Certificate of Service Fri 01/19 5:44 PM CERTIFICATE OF SERVICE of Defendant's First Discovery Requests to Plaintiff by Hy-Vee, Inc.. (DeVeney, Jeannie) Related: [-]
7		7 misc Certificate of Service Fri 01/19 5:43 PM CERTIFICATE OF SERVICE of Defendant's Initial Rule 26 Disclosures by Hy-Vee, Inc.. (DeVeney, Jeannie) Related: [-]
6		6 notice Notice of Service Fri 01/19 4:57 PM NOTICE OF SERVICE by Mikale Burcher of Plaintiff Mikale Burcher's Initial Disclosures (Casement, Whitney) Related: [-]
Thursday, January 04, 2024
5		5 answer Answer to Complaint Thu 01/04 4:29 PM ANSWER to Complaint by Hy-Vee, Inc..(DeVeney, Jeannie) Related: [-]
Tuesday, December 19, 2023
4		4 order Initial Order Regarding Planning and Scheduling Tue 12/19 3:49 PM INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for January 31, 2024, at 1:30 p.m. by telephone (CONFERENCE LINE 1-888-363-4749; ACCESS CODE 5705809) before Magistrate Judge Rachel E. Schwartz. Rule 26 Planning Conference Deadline 1/10/2024. Rule 26 Initial Disclosures Deadline set for 1/19/2024. Proposed Scheduling Order Deadline 1/19/2024. Signed by Magistrate Judge Rachel E. Schwartz on 12/19/2023. (drk) Related: [-]
Monday, December 18, 2023
3		3 order Clerks Order Extending Time to Answer Mon 12/18 3:09 PM CLERKS ORDER EXTENDING TIME until 1/05/2024 for Defendant Hy-Vee, Inc. to answer or otherwise plead. Signed by deputy clerk on 12/18/2023. (jk) Related: [-]
Tuesday, November 28, 2023
2		2 misc Civil Cover Sheet Tue 11/28 3:34 PM CIVIL COVER SHEET by Plaintiff Mikale Burcher. (Casement, Whitney) Related: [-]
1		1 cmp Complaint (attorney) Tue 11/28 3:27 PM COMPLAINT with trial location of Kansas City ( Filing fee $402, Internet Payment Receipt Number AKSDC-6212853.), filed by Mikale Burcher.(Casement, Whitney) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B
		notice Notice of Judge Assignment Tue 11/28 4:06 PM NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Daniel D. Crabtree and Magistrate Judge Rachel E. Schwartz for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (nac) Related: [-]

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