Pogue v. Oakland University et al
| Michigan Eastern District Court | |
| Judge: | Linda V Parker |
| Referred: | Kimberly G Altman |
| Case #: | 2:24-cv-11134 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights (Employment Discrimination) |
| Case Filed: | Apr 29, 2024 |
| Last checked: Saturday Oct 26, 2024 2:02 PM EDT |
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Defendant
Oakland University
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Represented By
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Defendant
Ashley Stone
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Represented By
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Plaintiff
Eric Pogue
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Represented By
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GPO
Apr 16 2025
OPINION and ORDER GRANTING Plaintiff's 24 Motion to Stay Summary Judgment Briefing and DENYING AS MOOT Plaintiff's 31 Motion for Extension of Time to File a Response. Signed by District Judge Linda V. Parker. (JHea) |
| Docket last updated: 4 hours ago |
| Tuesday, April 22, 2025 | ||
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19
pgs
order
Order on Motion to Compel
Tue 04/22 12:22 PM
ORDER DENYING Plaintiff's20 Motion to Compel. Signed by Magistrate Judge Kimberly G. Altman. (DJen) |
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| Wednesday, April 16, 2025 | ||
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6
pgs
order
Memorandum Opinion & Order ~Util - Terminate Motions
Wed 04/16 3:39 PM
OPINION and ORDER GRANTING Plaintiff's24 Motion to Stay Summary Judgment Briefing and DENYING AS MOOT Plaintiff's31 Motion for Extension of Time to File a Response. Signed by District Judge Linda V. Parker. (JHea) |
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| Tuesday, April 15, 2025 | ||
| 31 | 31
motion
Extension of Time to File Response/Reply
Tue 04/15 7:56 PM
MOTION for Extension of Time to File Response/Reply as to27 MOTION for Summary Judgment - Defendants' Motion for Summary Judgment by Eric Pogue. (Kaakarli, Hasan) |
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Att: 1
Exhibit A
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respm
Reply to Response to Motion
Tue 04/15 1:45 PM
REPLY to Response re23 MOTION to Stay Summary Judgment Briefing Pending Ruling on Plaintiff's Motion to Compel to Produce Certain Student-Athlete Surveys that Defendants Put at Issue filed by Eric Pogue. (Kaakarli, Hasan) |
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| Tuesday, April 08, 2025 | ||
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respm
Response to Motion
Tue 04/08 5:20 PM
RESPONSE to24 Amended MOTION to Stay re23 MOTION to Stay Summary Judgment Briefing Pending Ruling on Plaintiff's Motion to Compel to Produce Certain Student-Athlete Surveys that Defendants Put at Issue - Defendants' Response to Plaintiff's Amended Motion To Stay Summary Judgment Briefing [R. 24] filed by Oakland University, Ashley Stone. (Hardy, Elizabeth) |
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Att: 1
Exhibit 1 - Defendant Oakland University's Responses and Objections to Plaintiff's First Set of Requests for Production,
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Att: 2
Exhibit 2 - Waterfield Deposition Excerpts,
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Att: 3
Exhibit 3 - Kaakarli-Porter Emails,
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Att: 4
Exhibit 4 - Defendant Ashley Stone's Responses to Plaintiff's First Set of Interrogatories,
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Att: 5
Exhibit 5 - Cancellation Emails,
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Att: 6
Exhibit 6 - Pogue Deposition Excerpts,
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Att: 7
Index of Exhibits Index of Exhibits,
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Att: 8
Exhibit Unpublished Case
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| Friday, April 04, 2025 | ||
| 28 | 28
respm
Reply to Response to Motion
Fri 04/04 2:37 PM
REPLY to Response re20 MOTION to Compel filed by Eric Pogue. (Kaakarli, Hasan) |
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Att: 1
Index of Exhibits,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B
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| Friday, March 28, 2025 | ||
| 27 | 27
motion
Summary Judgment
Fri 03/28 2:46 PM
MOTION for Summary Judgment - Defendants' Motion for Summary Judgment by Oakland University, Ashley Stone. (Hardy, Elizabeth) |
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Att: 1
Index of Exhibits Index of Exhibits,
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Att: 2
Exhibit A - 2022-2025 Employment Agreement,
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Att: 3
Exhibit B - Waterfield Deposition Transcript,
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Att: 4
Exhibit C - May 4, 2023 Agenda and UNUM Brochure,
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Att: 5
Exhibit D - Stone Deposition Transcript,
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Att: 6
Exhibit E - McDonald Deposition Transcript,
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Att: 7
Exhibit F - Chart of Survey Comments,
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Att: 8
Exhibit G - Pogue Deposition Transcripts, Vol I and II,
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Att: 9
Exhibit H - Stone Declaration,
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Att: 10
Exhibit I - OU Compliance Records,
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Att: 11
Exhibit J - January 5, 2022 McDonald Email,
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Att: 12
Exhibit K - 2021-2022 OUMS End of Season Surveys,
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Att: 13
Exhibit L - Stone-Pogue Agendas, Meeting Notes,
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Att: 14
Exhibit M - February 17, 2022 Tilashalski Email,
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Att: 15
Exhibit N - May 2, 2022 Stone Email,
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Att: 16
Exhibit O - 2022-2023 Mid-Season Surveys,
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Att: 17
Exhibit P - September 24, 2022 Stone Email,
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Att: 18
Exhibit Q - Pogue's Performance Goals,
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Att: 19
Exhibit R - January 12, 2023 Stone Email,
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Att: 20
Exhibit S - 2022-2023 End of Season Surveys,
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Att: 21
Exhibit T - December 8, 2023 McDonald Email,
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Att: 22
Exhibit U - Stone Mental Health Initiatives,
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Att: 23
Exhibit V - February 6, 2023 SA2 Email,
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Att: 24
Exhibit W - Action Plan,
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Att: 25
Exhibit X - Stone-Pogue Texts,
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Att: 26
Exhibit Y - Spring 2023 Compliance Emails,
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Att: 27
Exhibit Z - June 1, 2023 Pogue Email,
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Att: 28
Exhibit AA - June 2, 2023 Stone Email,
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Att: 29
Exhibit June 8, 2023 Pogue Email,
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Att: 30
Exhibit CC - Coaching Expectations,
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Att: 31
Exhibit DD - June 10, 2023 Stone Email,
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Att: 32
Exhibit EE - May 5, 2023 Stone Email,
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Att: 33
Exhibit FF - June 16, 2023 Pogue Email,
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Att: 34
Exhibit GG - Farrell Deposition Transcript,
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Att: 35
Exhibit HH - June 19, 2023 OU Press Release,
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Att: 36
Exhibit II - June 19, 2023 Stone Email,
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Att: 37
Exhibit JJ - June 21, 2023 Pogue Social Media Post,
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Att: 38
Exhibit KK - August 29, 2023 Pogue Social Media Post,
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Att: 39
Exhibit LL - RTW Notice,
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Att: 40
Exhibit MM - October 3, 2023 Swiatowy Email,
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Att: 41
Exhibit NN - October 4, 2023 Stone Email,
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Att: 42
Exhibit OO - October 19, 2023 Stone Email,
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Att: 43
Exhibit PP - Office Hours Emails,
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Att: 44
Exhibit QQ - 2022-2023 Performance Review,
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Att: 45
Exhibit RR - 2023-2024 End-of-Season Surveys,
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Att: 46
Exhibit SS - Jeff Tungate Press Release,
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Att: 47
Exhibit TT - Women's Basketball Surveys,
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Att: 48
Exhibit UU - Waterfield Declaration,
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Att: 49
Exhibit VV - 2020-2021 OUMS End-of-Season Surveys,
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Att: 50
Exhibit WW - 2023-2024 OUMS Mid-Season Surveys,
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Att: 51
Exhibit XX - 2023 Exit Interview Emails,
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Att: 52
Exhibit YY - Unpublished Authority
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| 26 | 26
notice
Determination of Motion Without Oral Argument*
Fri 03/28 9:56 AM
Notice of Determination of Motion Without Oral Argument re20 MOTION to Compel. Plaintiff's reply due by 4/4/2025. (DJen) |
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| Thursday, March 27, 2025 | ||
| 25 | 25
respm
Response to Motion
Thu 03/27 3:33 PM
RESPONSE to20 MOTION to Compel - Defendants' Response to Plaintiff's Motoin To Compel Certain Student-Athlete Surveys filed by Oakland University, Ashley Stone. (Hardy, Elizabeth) |
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Att: 1
Index of Exhibits Index of Exhibits,
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Att: 2
Exhibit 1 - Defendant OU's Responses and Objections to First RFP,
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Att: 3
Exhibit 2 - Waterfield Dep. Excerpts,
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Att: 4
Exhibit 3 - Kaakarli-Porter Emails,
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Att: 5
Exhibit 4 - Dfs' Discovery Responses,
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Att: 6
Exhibit 5 - Stone Dep. Excerpts,
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Att: 7
Exhibit 6 - Pogue Dep. Excerpts,
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Att: 8
Exhibit 7 - Cancellation Emails,
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Att: 9
Exhibit UNPUBLISHED CASES
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| Wednesday, March 26, 2025 | ||
| 24 | 24
motion
Stay
Wed 03/26 3:26 PM
Amended MOTION to Stay re23 MOTION to Stay Summary Judgment Briefing Pending Ruling on Plaintiff's Motion to Compel to Produce Certain Student-Athlete Surveys that Defendants Put at Issue by Eric Pogue. (Kaakarli, Hasan) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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| 23 | 23
motion
Stay
Wed 03/26 2:41 PM
MOTION to Stay Summary Judgment Briefing Pending Ruling on Plaintiff's Motion to Compel to Produce Certain Student-Athlete Surveys that Defendants Put at Issue by Eric Pogue. (Kaakarli, Hasan) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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order
Text-Only Order ~Util - Terminate Motions
Wed 03/26 3:45 PM
TEXT-ONLY ORDER: Plaintiff has filed an amended24 motion to stay. Therefore, Plaintiff's23 is DENIED as moot. SO ORDERED. Issued by District Judge Linda V. Parker. (AFla) |
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| Monday, March 24, 2025 | ||
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order
Stipulation and Order
Mon 03/24 9:32 AM
STIPULATED ORDER EXTENDING PAGE LIMITS AND RESPONSE DEADLINE FOR SUMMARY JUDGMENT BRIEFING Signed by District Judge Linda V. Parker. (AFla) |
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| Thursday, March 13, 2025 | ||
| 21 | 21
order
Referring Motion to Magistrate Judge*
Thu 03/13 3:09 PM
ORDER REFERRING MOTION to Magistrate Judge Kimberly G. Altman:20 MOTION to Compel filed by Eric Pogue. Signed by District Judge Linda V. Parker. (AFla) |
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| 20 | 20
motion
Compel
Thu 03/13 2:35 PM
MOTION to Compel by Eric Pogue. (Kaakarli, Hasan) |
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Att: 1
Index of Exhibits,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F,
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Att: 8
Exhibit G,
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Att: 9
Exhibit H,
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Att: 10
Exhibit I
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| Friday, January 24, 2025 | ||
| 19 | 19
trial
Witness List
Fri 01/24 5:57 PM
Plaintiff's WITNESS LIST by Eric Pogue (Kaakarli, Hasan) |
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| 18 | 18
trial
Witness List
Fri 01/24 5:27 PM
Defendants' Preliminary Witness List - WITNESS LIST by All Defendants (Porter, David) |
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| Wednesday, November 20, 2024 | ||
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minutes
Status Conference
Wed 11/20 12:59 PM
Minute Entry for telephonic proceedings before District Judge Linda V. Parker: Status Conference held on 11/20/2024. The parties will submit a stipulated order regarding the agreed upon issues. The Court authorized the filing of motions for the outstanding issues. (Court Reporter: None Present, Not on the Record) (AFla) |
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| Thursday, November 14, 2024 | ||
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notice
Appear*
Thu 11/14 10:16 AM
NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 11/20/2024 11:00 AM before District Judge Linda V. Parker . (AFla) |
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| Friday, November 08, 2024 | ||
| 16 | 16
order
Protective Order
Fri 11/08 12:22 PM
REVISED STIPULATED PROTECTIVE ORDER Signed by District Judge Linda V. Parker. (AFla) |
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| Thursday, September 12, 2024 | ||
| 15 | 15
order
Scheduling Order
Thu 09/12 11:18 AM
SCHEDULING ORDER (PHASE I): Discovery due by 3/14/2025, Dispositive Motion Cut-off set for 3/28/2025 Signed by District Judge Linda V. Parker. (JMcC) |
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| Wednesday, September 11, 2024 | ||
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minutes
Scheduling Conference
Thu 09/12 11:02 AM
Minute Entry for telephonic proceedings before District Judge Linda V. Parker: Telephonic Scheduling Conference held on 9/11/2024 (Court Reporter: None Present, Not on the Record) (JMcC) |
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| Friday, September 06, 2024 | ||
| 14 | 14
misc
Discovery Plan - Rule 26f
Fri 09/06 4:22 PM
DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Porter, David) |
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| Friday, August 23, 2024 | ||
| 13 | 13
order
Protective Order
Fri 08/23 2:06 PM
STIPULATED PROTECTIVE ORDER Signed by District Judge Linda V. Parker. (AFla) |
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| Tuesday, August 06, 2024 | ||
| 12 | 12
notice
Appear*
Tue 08/06 1:45 PM
NOTICE TO APPEAR BY TELEPHONE: Scheduling Conference set for 9/11/2024 10:00 AM before District Judge Linda V. Parker . (AFla) |
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| Monday, August 05, 2024 | ||
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answer
Answer to Amended Complaint
Mon 08/05 4:19 PM
ANSWER to Amended Complaint with Affirmative Defenses - Defendants' Answer and Affirmative Defenses To First Amended Complaint and Jury Demand by All Defendants. (Porter, David) |
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| Thursday, July 25, 2024 | ||
| 10 | 10
notice
Appearance
Thu 07/25 12:38 PM
NOTICE of Appearance by Hayden Pendergrass on behalf of Eric Pogue. (Pendergrass, Hayden) |
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| Tuesday, July 23, 2024 | ||
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order
Text-Only Order
Tue 07/23 10:55 AM
TEXT-ONLY ORDER: Plaintiff has timely filed an8 amended complaint. Therefore, Defendants'6 motion to dismiss is DENIED as moot. SO ORDERED. Issued by District Judge Linda V. Parker. (AFla) |
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| Monday, July 22, 2024 | ||
| 9 | 9
respm
Response to Motion
Mon 07/22 9:08 PM
RESPONSE to6 MOTION to Dismiss - Defendants' Motion for Partial Dismissal Under Rule 12(b)(1) filed by Eric Pogue. (Akeel, Shereef) |
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| 8 | 8
33
pgs
cmp
Civil Case - Complaint, Amended
Mon 07/22 9:04 PM
AMENDED COMPLAINT with Jury Demand filed by Eric Pogue against Oakland University, Ashley Stone. NO NEW PARTIES ADDED. (Akeel, Shereef) |
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Att: 1
Index of Exhibits,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F,
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Att: 8
Exhibit G
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| Tuesday, July 02, 2024 | ||
| 7 | 7
notice
Appearance
Tue 07/02 1:30 PM
NOTICE of Appearance by David A Porter on behalf of All Defendants. (Porter, David) |
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| Monday, July 01, 2024 | ||
| 6 | 6
20
pgs
motion
Dismiss
Mon 07/01 4:27 PM
MOTION to Dismiss - Defendants' Motion for Partial Dismissal Under Rule 12(b)(1) by All Defendants. (Hardy, Elizabeth) |
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| Thursday, May 02, 2024 | ||
| 5 | 5
service
Waiver of Service Executed - 60 Day
Thu 05/02 11:10 AM
WAIVER OF SERVICE Returned Executed. Oakland University waiver sent on 4/30/2024, answer due 7/1/2024; Ashley Stone waiver sent on 4/30/2024, answer due 7/1/2024. (Akeel, Shereef) |
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| Tuesday, April 30, 2024 | ||
| 4 | 4
service
Summons Issued*
Tue 04/30 12:12 PM
SUMMONS Issued for *Oakland University, Ashley Stone* (DJen) |
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| 3 | 3
notice
Appearance
Tue 04/30 10:16 AM
NOTICE of Appearance by Daniel W. Cermak on behalf of Eric Pogue. (Cermak, Daniel) |
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| 2 | 2
notice
Appearance
Tue 04/30 10:07 AM
NOTICE of Appearance by Hasan Kaakarli on behalf of Eric Pogue. (Kaakarli, Hasan) |
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notice
Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option
Tue 04/30 12:13 PM
A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at[LINK:http://www.mied.uscourts.gov] (DJen) |
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| Monday, April 29, 2024 | ||
| 1 | 1
cmp
Civil Case - Complaint
Mon 04/29 4:55 PM
COMPLAINT filed by Eric Pogue against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-9771025 - Fee: $ 405. County of 1st Plaintiff: Oakland - County Where Action Arose: Oakland - County of 1st Defendant: Oakland. [ Previously dismissed case: No] [ Possible companion case(s): None ] (Akeel, Shereef) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F
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