Banner v. YMCA of Metro Atlanta

Georgia Northern District Court
Judge:	Sarah E Geraghty
Referred:	Walter E Johnson
Case #:	1:24-cv-00653
Nature of Suit	445 Civil Rights - Amer w/Disabilities-Employment
Cause	42:12101 et seq. Americans with Disabilities Act of 1990

Case Filed:	Feb 13, 2024
Terminated:	Dec 10, 2024

Docket
Parties (6)

Last checked: Sunday Aug 11, 2024 5:37 AM EDT

Defendant YMCA of Metro Atlanta	Represented By Emily Evans Schifter Troutman Pepper Hamilton Sanders LLP contact info
Plaintiff Lateeyah Danielle Banner 2927 Links Drive SE Atlanta, GA 30317
TERMINATED PARTIES
Defendant East Lake YMCA of Metro Atlanta Terminated: 02/21/2024
Defendant Lauren Koontz Terminated: 04/26/2024
Defendant Amanda Randles Terminated: 04/26/2024
Defendant Davonne Tillman Terminated: 04/26/2024

Docket last updated: 6 hours ago

Tuesday, December 10, 2024
25		25 misc Clerks Entry of Dismissal Tue 12/10 11:15 AM Clerk's Entry of Dismissal APPROVING24 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii) (ane) Related: [-]
		utility Terminate Civil Case Tue 12/10 11:18 AM Civil Case Terminated. Magistrate Judge Walter E. Johnson terminated from case. (ane) Related: [-]
		utility Clerks Certificate of Mailing Tue 12/10 11:19 AM Clerk's Certificate of Mailing as to Lateeyah Danielle Banner re25 Clerks Entry of Dismissal. (ane) Related: [-]
Monday, December 09, 2024
24		24 misc Stipulation of Dismissal Tue 12/10 11:05 AM Joint STIPULATION of Dismissal with Prejudice pursuant to FRCP 41.a.1.ii by Lateeyah Danielle Banner. (ane) Related: [-]
Tuesday, October 22, 2024
23		23 minutes Status Conference Tue 10/22 3:48 PM Minute Entry for proceedings held before Magistrate Judge Walter E. Johnson: Telephonic Status Conference held on 10/22/2024. (Tape #FTR)(klb) Related: [-]
Tuesday, October 15, 2024
		utility Set Deadlines/Hearings Tue 10/15 8:37 AM Set Hearings: Telephonic Status Conference set for 10/22/2024 at 2:00 PM in ROME Courtroom 201 before Magistrate Judge Walter E. Johnson. Call 1-888-684-8852 Access Code: 4695491# As participant push # Security Code: 1234# (klb) Related: [-]
		utility Clerks Certificate of Mailing Tue 10/15 8:38 AM Clerk's Certificate of Mailing as to Lateeyah Danielle Banner re Telephonic Status Conference set. (klb) Related: [-]
Wednesday, October 02, 2024
22		22 minutes Settlement Conference ~Util - Add and Terminate Attorneys Thu 10/03 11:08 AM Minute Entry for proceedings held before Magistrate Judge J. Clay Fuller: Settlement Conference held on 10/2/2024. The parties reached a settlement and will finalize the settlement documents. Attorney Teresa Pardinas is withdrawn from further representation of the plaintiff. (clk) Related: [-]
Monday, September 30, 2024
21		21 1 pgs order Order Allowing Audio/Visual Equipment in the Courtroom Mon 09/30 2:09 PM ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on Wednesday, October 2, 2024 at 10:00 a.m. Attorney Teresa Pardinas for the plaintiff and Attorney Emily Schifter for the defendant shall be allowed to bring their cell phone and laptops into the courthouse. Signed by Magistrate Judge J. Clay Fuller on 9/30/2024. (clk) Related: [-]
Wednesday, August 21, 2024
		notice Notice of Hearing Wed 08/21 3:48 PM (Minute entry) NOTICE of RESCHEDULING Hearing: Settlement Conference rescheduled for 10/2/2024 at 10:00 AM in Chambers Room 2342 before Magistrate Judge J. Clay Fuller. (clk) Related: [-]
Monday, August 19, 2024
20		20 2 pgs order Order ~Util - Add and Terminate Attorneys Mon 08/19 10:32 AM ORDER appointing Attorney Teresa Pardinas for Lateeyah Danielle Banner for the limited purpose of representing the plaintiff during mediation. Signed by Magistrate Judge J. Clay Fuller on 8/19/2024. (clk) Related: [-]
19		19 notice Notice of Filing Mon 08/19 10:29 AM Agreement of limited appointment of counsel by Lateeyah Danielle Banner (electronic signature accepted due to delay of mail delivery) (clk) Related: [-]
Tuesday, July 30, 2024
18		18 6 pgs order Order Scheduling Mediation Tue 07/30 8:53 AM ORDER scheduling Mediation. All parties and their lead counsel are ORDERED TO APPEAR before the undersigned on Thursday, August 29, 2024, at 11:00 a.m., in Chambers Room 2342 before Magistrate Judge J. Clay Fuller. Signed by Magistrate Judge J. Clay Fuller on 7/30/2024. (ane) Related: [-]
		utility Clerks Certificate of Mailing Tue 07/30 8:54 AM Clerk's Certificate of Mailing as to Lateeyah Danielle Banner re18 Order scheduling Mediation. (ane) Related: [-]
Friday, July 26, 2024
17		17 service Waiver of Service Executed Fri 07/26 4:33 PM WAIVER OF SERVICE Returned Executed by YMCA of Metro Atlanta. (ane) Related: [-]
Wednesday, July 24, 2024
16		16 1 pgs order Order on Motion for Miscellaneous Relief Wed 07/24 8:53 AM ORDER - IT IS HEREBY ORDERED that this case is selected for Alternative DisputeResolution pursuant to Local Rule 16.7(B)(1) and is referred to the next available Magistrate Judge for mediation. All proceedings between the parties in this matter are hereby stayed until 60 days after the Magistrate Judge conducting the mediation files his or her Report under Local Rule 16.7(L). Signed by Magistrate Judge Walter E. Johnson on 7/23/24. (klb) Related: [-]
		utility Clerks Certificate of Mailing Wed 07/24 8:54 AM Clerk's Certificate of Mailing as to Lateeyah Danielle Banner re16 Order. (klb) Related: [-]
Tuesday, July 23, 2024
15		15 motion Miscellaneous Relief Tue 07/23 3:27 PM MOTION For Referral to Mediation and to Stay by YMCA of Metro Atlanta.(Schifter, Emily) Related: [-]
		Att: 1 Text of Proposed Order
		utility Case Referred to Settlement Judge Wed 07/24 8:55 AM CASE REFERRED to Settlement Judge Magistrate Judge J. Clay Fuller. (klb) Related: [-]
Wednesday, July 10, 2024
14		14 service Request for Waiver of Service Wed 07/10 8:52 AM REQUEST FOR WAIVER of Service (2 Notices of Lawsuit and Request for Waiver of Service of Summons, 2 Waiver of Service of Summons forms, 1 copy of Complaint, 1 Service Order, 1 Initial Disclosures Form, 1 Self-Addressed Stamped Envelope) mailed to YMCA of Metro Atlanta on 7/10/2024. If waiver not returned by 8/14/2024, prepare personal service package. (ane) Related: [-]
Tuesday, July 09, 2024
13		13 utility Remark Wed 07/10 8:46 AM Proposed Summons received for YMCA of Metro Atlanta (ane) Related: [-]
Wednesday, June 12, 2024
12		12 5 pgs order Order ~Util - Forms Sent Wed 06/12 2:58 PM ORDER - The Court will provide an additional THIRTY (30) DAYS for plaintiff to submit the summons form. Plaintiff is encouraged to continue her search for legal representation during such time. The Clerk is DIRECTED to send plaintiff another summons. Plaintiff is again DIRECTED to complete the summons. The Clerk is DIRECTED to resubmit this action to the undersigned if plaintiff fails to comply by the above deadline. ( Forms sent to party: Summons; ). Signed by Magistrate Judge Walter E. Johnson on 6/12/24. (klb) Related: [-]
		utility Clerks Certificate of Mailing Wed 06/12 2:59 PM Clerk's Certificate of Mailing as to Lateeyah Danielle Banner re12 Order and Forms Sent. (klb) Related: [-]
Tuesday, June 11, 2024
11		11 misc Letter Wed 06/12 9:56 AM Letter from Diane Ford (ane) Related: [-]
		Att: 1 Power of Attorney Information
Wednesday, May 22, 2024
10		10 8 pgs order Order ~Util - Forms Sent Wed 05/22 10:37 AM ORDER - Plaintiff submitted the USM 285 form and summons9 , her initial disclosures8 , and a letter7 , but there are two problems with these filings. The first and most serious problem is that plaintiff's certification that she is representing herself in this case appears to be untrue. Although Ms. Banner purported to be conducting this case, it appears that a person named Diane Ford has been impermissibly acting on Ms. Banner's behalf. Ms. Ford cannot help Ms. Banner prosecute her case. The Court recognizes that litigation in federal court is difficult, but like Ms. Ford, it cannot assist a party, even a pro se party who alleges an intellectual disability, in conducting a case. The Court ORDERS that plaintiff Lateeyah Danielle Banner either represent herself or retain an attorney. Plaintiff is FURTHER WARNED that violations of Rule 11 and Orders of the Court are sanctionable offenses. The Court also WARNS DIANE FORD that the Court has the inherent power to sanction non-parties, and reiterates that she is not allowed to assist Ms. Banner. The Clerk is DIRECTED to send plaintiff the summons, and plaintiff is again DIRECTED to complete the summons form and return it to the Clerk of Court within TWENTY (20) DAYS from the date of this Order. Plaintiff is WARNED that failure to comply in a timely manner could result in the dismissal of this case. The Clerk is DIRECTED to send plaintiff the summons, and plaintiff is again DIRECTED to complete the summons form and return it to the Clerk of Court within TWENTY (20) DAYS from the date of this Order. Plaintiff is WARNED that failure to comply in a timely manner could result in the dismissal of this case. (Forms sent to party: Summons; ). Signed by Magistrate Judge Walter E. Johnson on 5/22/24. (klb) Related: [-]
		utility Clerks Certificate of Mailing Wed 05/22 10:37 AM Clerk's Certificate of Mailing as to Lateeyah Danielle Banner re10 Order and Forms Sent. (klb) Related: [-]
Monday, May 20, 2024
		utility Submission to Magistrate Judge Mon 05/20 2:40 PM Submission of6 Order to Magistrate Judge Walter E. Johnson. (ane) Related: [-]
Friday, May 17, 2024
9		9 utility Remark Mon 05/20 2:34 PM USM 285 Forms and Summons received (Summons is not completed-no return address for Plaintiff on Summons) (ane) Related: [-]
		Att: 1 USM Form,
		Att: 2 USM Form
8		8 discov Initial Disclosures Mon 05/20 2:27 PM Initial Disclosures by Lateeyah Danielle Banner.(ane) Related: [-]
7		7 misc Letter Mon 05/20 2:27 PM Letter from Diane Ford (ane) Related: [-]
Monday, April 29, 2024
6		6 3 pgs order Order ~Util - Forms Sent Mon 04/29 10:56 AM ORDER - The Clerk is DIRECTED to send plaintiff the USM 285 form, summons, and the initial disclosures form. Plaintiff is DIRECTED to complete the USM 285 form, summons, and the initial disclosures form, and to return one of each for each defendant within TWENTY (20) DAYS from the date of this Order to the Clerk of Court. Plaintiff is warned that failure to comply in a timely manner could result in the dismissal of this civil action. The Clerk is DIRECTED to resubmit this action to the undersigned if plaintiff fails to comply. (Forms sent to party: USM 285; Summons; Initial Disclosures; ). Signed by Magistrate Judge Walter E. Johnson on 4/29/24. (klb) Related: [-]
		utility Clerks Certificate of Mailing Mon 04/29 10:57 AM Clerk's Certificate of Mailing as to Lateeyah Danielle Banner re6 Order and Forms Sent. (klb) Related: [-]
Friday, April 26, 2024
5		5 2 pgs order Order on Report and Recommendation Fri 04/26 11:52 AM ORDER ADOPTING3 Non-Final Report and Recommendation. Plaintiff's ADA claim against Defendant YMCA of Metro Atlanta is ALLOWED TO PROCEED, and her claims against Defendants Amanda Randles, Lauren Koontz, and Davonne Tillman are DISMISSED under 28 U.S.C. � 1915(e)(2) as frivolous. The case is returned to the Magistrate Judge for an order regarding service of process and for further proceedings. Signed by Judge Sarah E. Geraghty on 4/26/2024. (ane) Related: [-]
		utility Clerks Certificate of Mailing Fri 04/26 11:56 AM Clerk's Certificate of Mailing as to Lateeyah Danielle Banner re5 Order. (ane) Related: [-]
Thursday, March 14, 2024
		utility Submission to District Judge Thu 03/14 7:15 AM Submission of3 REPORT AND RECOMMENDATION re2 Complaint, filed by Lateeyah Danielle Banner, to District Judge Sarah E. Geraghty. (klb) Related: [-]
Wednesday, February 21, 2024
4		4 2 pgs order Order for Service of Report and Recommendation Wed 02/21 2:37 PM ORDER for Service of3 Order and Non-Final Report and Recommendation, by Magistrate Judge Walter E. Johnson. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Walter E. Johnson on 2/21/24. (klb) Related: [-]
3		3 motion Report and Recommendation Wed 02/21 2:36 PM ORDER AND NON-FINAL REPORT AND RECOMMENDATION re2 Complaint, filed by Lateeyah Danielle Banner. The Court GRANTS plaintiff's Motion to Proceed IFP1 , and DIRECTS the Clerk of Court to terminate East Lake YMCA of Metro Atlanta as a named defendant on the Docket. For the reasons set forth above, the undersigned RECOMMENDS that plaintiff be permitted to proceed with her ADA claims against YMCA of Metro Atlanta; and RECOMMENDS that plaintiff's claims against defendants Amanda Randles, Lauren Koontz, and Davonne Tillman be DISMISSED under 28 U.S.C. � 1915(e)(2) as frivolous. If this Report and Recommendation is adopted, the District Judge should return this matter to the undersigned for an order regarding service of process. Signed by Magistrate Judge Walter E. Johnson on 2/21/24. (klb) Related: [-]
2		2 cmp Complaint Wed 02/21 2:34 PM COMPLAINT with Jury Demand filed by Lateeyah Danielle Banner.(klb) Related: [-]
		Att: 1 Civil Cover Sheet
		order Order on Application for Leave to Proceed In Forma Pauperis Wed 02/21 2:32 PM ORDER granting1 Application for Leave to Proceed in forma pauperis. (found in text of Order and Non-Final Report & Recommendation). Signed by Magistrate Judge Walter E. Johnson on 2/21/24. c:Financial Office(klb) Related: [-]
		utility Clerks Certificate of Mailing Wed 02/21 2:38 PM Clerk's Certificate of Mailing as to Lateeyah Danielle Banner re3 ORDER AND NON-FINAL REPORT AND RECOMMENDATION4 Order for Service of Order and Non-Final Report and Recommendation. (klb) Related: [-]
Wednesday, February 14, 2024
		utility Submission to Magistrate Judge Wed 02/14 10:43 AM Submission of1 APPLICATION for Leave to Proceed in forma pauperis to Magistrate Judge Walter E. Johnson. (nmb) Related: [-]
Tuesday, February 13, 2024
1		1 motion Application to Proceed In Forma Pauperis Wed 02/14 10:43 AM APPLICATION for Leave to Proceed in forma pauperis by Lateeyah Danielle Banner.(nmb) Related: [-]
		Att: 1 Complaint,
		Att: 2 Civil Cover Sheet

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