Breaux v. Ti-Zack Concrete Inc
| Minnesota District Court | |
| Judge: | John R Tunheim |
| Referred: | Dulce J Foster |
| Case #: | 0:24-cv-03979 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:2000e Job Discrimination (Employment) |
| Case Filed: | Oct 21, 2024 |
| Last checked: Saturday Apr 19, 2025 3:26 AM CDT |
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Defendant
Ti-Zack Concrete Inc
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Represented By
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Plaintiff
Terry K. Breaux
215 Old 6th St. W.
Saint Paul, MN 55102 |
Represented By
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GPO
Oct 31 2024
ORDER granting Plaintiff's 3 Motion to Amend Complaint and 2 Application to Proceed in District Court without Prepaying Fees or Costs. See Order for further details. (Written Opinion) Signed by Magistrate Judge Dulce J. Foster on 10/31/2024. (DCC) |
| Docket last updated: 03/18/2025 11:59 PM CDT |
| Thursday, March 06, 2025 | ||
| 22 | 22
order
Order on Stipulation
Thu 03/06 1:59 PM
(Text-Only) ORDER approving18 Stipulation of Partial Dismissal With Prejudice. Pursuant to the parties' Stipulation of Partial Dismissal with Prejudice filed on 2/26/2025 (ECF No. 18), IT IS HEREBY ORDERED that the following claims are dismissed with prejudice: 1. Count II Age discrimination in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 623, is hereby dismissed with prejudice. 2. Count III Disability discrimination in violation of the Americans with Disabilities Act, 42 U.S.C. § 12112, is hereby dismissed with prejudice. 3. Count IV Retaliation in violation of Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, is dismissed with prejudice to the extent it encompasses allegations under the Age Discrimination in Employment Act and Americans with Disabilities Act. 4. Count V Pay disparity in violation of the Equal Pay Act, 29 U.S.C. § 206(d), is hereby dismissed with prejudice. Each party shall bear their own fees and costs. Ordered by Judge John R. Tunheim on 3/6/2025. (HMA) |
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| Thursday, February 27, 2025 | ||
| 21 | 21
order
Scheduling Order
Thu 02/27 12:16 PM
PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 4/21/2025. Fact Discovery due by 10/20/2025. Expert Discovery due by 10/20/2025. Joinder of Parties due by 4/21/2025. Motions (non-disp) due 10/20/2025. Motions (disp) due by 11/20/2025. Ready for trial due by 2/20/2026. Counsel are directed to meet and confer regarding settlement on or before August 20, 2025 . Following the meet-and-confer, each party must submit a 1-2 page confidential letter describing the settlement discussions that have taken place, whether and when the party believes a settlement conference or private mediation might be most productive, and what additional discovery or motion practice might be needed to maximize the chances of reaching a settlement in such a conference. Each partys confidential letter must be submitted by email to Judge Foster at foster_chambers@mnd.uscourts.gov by August 27, 2025 . Signed by Magistrate Judge Dulce J. Foster on 2/27/2025.(LNP) |
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Att: 1
E-Discovery Checklist,
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Att: 2
Judge Foster's Practice Pointers
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| 20 | 20
minutes
Pretrial Conference - Initial
Thu 02/27 12:05 PM
(Text-Only) MINUTE ENTRY for proceedings held before Magistrate Judge Dulce J. Foster on 2/27/2025: Pretrial Scheduling Conference. Digital Recording Minneapolis Courthouse, Courtroom Video Conference Time: 10:30 AM - 10:58 AM Total Time: 28 Minutes APPEARANCES: For Plaintiff: Ryan H. Ahlberg For Defendant: Erin Shanta Conlin PROCEEDINGS: Discussion of Pretrial Deadlines and Settlement. Pretrial Scheduling Order to be issued. (LNP) |
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| Wednesday, February 26, 2025 | ||
| 19 | 19
misc
Proposed Order to Judge re Stipulation
Wed 02/26 2:30 PM
PROPOSED ORDER TO JUDGE re18 Stipulation of Dismissal. (Brinkman, Ellen) |
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| 18 | 18
misc
Stipulation of Dismissal
Wed 02/26 2:29 PM
STIPULATION of Dismissal for Partial Dismissal with Prejudice by Ti-Zack Concrete Inc. (Brinkman, Ellen) |
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| Thursday, February 20, 2025 | ||
| 17 | 17
misc
Rule 26(f) Report
Thu 02/20 11:38 AM
REPORT of Rule 26(f) Planning Meeting. Filed by Ti-Zack Concrete Inc.(Brinkman, Ellen) |
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| Tuesday, February 18, 2025 | ||
| 16 | 16
respm
Affidavit in Opposition to Motion
Tue 02/18 8:58 AM
AFFIDAVIT of Ryan H Ahlberg in OPPOSITION TO11 MOTION to Dismiss/General Partial Dismissal with Prejudice filed by Terry K. Breaux.(Ahlberg, Ryan) |
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| 15 | 15
2
pgs
respm
Memorandum in Opposition to Motion
Tue 02/18 8:57 AM
MEMORANDUM in Opposition re11 MOTION to Dismiss/General Partial Dismissal with Prejudice filed by Terry K. Breaux.(Ahlberg, Ryan) |
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Att: 1
LR7.1/LR72.2 Word Count Compliance Certificate
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| Wednesday, January 29, 2025 | ||
| 14 | 14
respm
Declaration in Support of Motion
Wed 01/29 11:12 AM
Declaration of Ellen A. Brinkman in Support of11 MOTION to Dismiss/General Partial Dismissal with Prejudice filed by Ti-Zack Concrete Inc.(Brinkman, Ellen) |
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Att: 1
Exhibit(s) Original Charge of Discrimination,
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Att: 2
Exhibit(s) Notice of Charge,
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Att: 3
Exhibit(s) Amended Charge of Discrimination,
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Att: 4
Exhibit(s) EEOC Determination
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| 13 | 13
15
pgs
respm
Memorandum in Support of Motion
Wed 01/29 11:04 AM
MEMORANDUM in Support re11 MOTION to Dismiss/General Partial Dismissal with Prejudice filed by Ti-Zack Concrete Inc.(Brinkman, Ellen) |
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Att: 1
LR7.1/LR72.2 Word Count Compliance Certificate Word Count
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| 12 | 12
order
Order/Notice of Hearing/Deadlines (Setting/Resetting)
Wed 01/29 10:38 AM
ORDER SETTING PRETRIAL SCHEDULING CONFERENCE: Rule 26 Meeting Report and Confidential Letters due by 2/20/2025 . Pretrial Scheduling Conference set for 2/27/2025 at 10:30 AM by Zoom video (no courtroom) before Magistrate Judge Dulce J. Foster. Signed by Magistrate Judge Dulce J. Foster on 1/29/2025.(LNP) |
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Att: 1
Rule 26(f) Report Template,
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Att: 2
Judge Foster's Practice Pointers
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| Tuesday, January 28, 2025 | ||
| 11 | 11
motion
Dismiss/General
Tue 01/28 4:06 PM
MOTION to Dismiss/General Partial Dismissal with Prejudice filed by Ti-Zack Concrete Inc.(Brinkman, Ellen) |
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Att: 1
Memorandum in Support of Partial Motion to Dismiss,
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Att: 2
Declaration of Ellen Brinkman,
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Att: 3
Exhibit(s) Exhibit A - Part One,
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Att: 4
Exhibit(s) Exhibit A - Part Two,
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Att: 5
Exhibit(s) Exhibit B,
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Att: 6
Exhibit(s) Exhibit C
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| Monday, January 06, 2025 | ||
| 10 | 10
service
Affidavit of Service
Mon 01/06 11:46 AM
AFFIDAVIT of Service by Terry K. Breaux re8 Summons Issued (Ahlberg, Ryan) |
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| 9 | 9
service
Affidavit of Service
Mon 01/06 11:36 AM
AFFIDAVIT of Service by Terry K. Breaux re4 Order on Motion to Alter/Amend/Supplement Pleadings,, Order on Application on Proceed in District Court without Prepaying Fees or Costs,6 Notice of Appearance,1 Complaint, (Ahlberg, Ryan) |
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| Tuesday, November 26, 2024 | ||
| 8 | 8
service
Summons Issued
Tue 11/26 11:51 AM
Summons Issued as to Ti-Zack Concrete Inc. (kt) |
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| Friday, November 22, 2024 | ||
| 7 | 7
service
Request to Clerk's Office to Issue Summons
Fri 11/22 10:49 AM
TEXT ONLY ENTRY: Request to Clerk's Office to Issue Summons for Terry K. Breaux. (Ahlberg, Ryan) |
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| Friday, November 15, 2024 | ||
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misc
Mail Returned
Fri 11/15 3:54 PM
(Text-Only)5 Mail Returned as Return to Sender, Insufficient Address . Mail sent to: Terry K. Breaux 215 Old 6th Street W Saint Paul, MN 55102 Mail resent to: Terry K. Breaux 215 Old 6th Street West #532 Saint Paul, MN 55102 Additional address information was previously found on the amended complaint which includes an apt #. Using that same information to re-mail this. (MMG) |
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| Monday, November 11, 2024 | ||
| 6 | 6
notice
Notice of Appearance
Mon 11/11 11:33 AM
NOTICE of Appearance by Ryan H Ahlberg on behalf of Terry K. Breaux. (Ahlberg, Ryan) |
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| Thursday, November 07, 2024 | ||
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misc
Mail Returned
Fri 11/08 1:06 PM
(Text-Only)4 Mail Returned as Insufficient Address/Unable to Forward . Mail sent to: Terry K. Breaux 215 Old 6th Street W Saint Paul, MN 55102 Mail resent to: Terry K. Breaux 215 Old 6th Street West #532 Saint Paul, MN 55102 The address was listed on the bottem of the Amended Complaint. (BTX) Modified text on 11/8/2024 (BTX) |
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| Wednesday, November 06, 2024 | ||
| 5 | 5
misc
Letter from Clerk's Office re: In Forma Pauperis (IFP)
Wed 11/06 11:04 AM
LETTER from Clerk's Office to Terry K. Breaux re: Order Granting IFP and USM Forms to Complete cc: Terry K. Breaux. (kt) |
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| Thursday, October 31, 2024 | ||
| 4 | 4
2
pgs
order
Order on Motion to Alter/Amend/Supplement Pleadings Order on Application to Proceed in District Court without Prepaying Fees or Costs
Thu 10/31 4:31 PM
ORDER granting Plaintiff's3 Motion to Amend Complaint and2 Application to Proceed in District Court without Prepaying Fees or Costs. See Order for further details. (Written Opinion) Signed by Magistrate Judge Dulce J. Foster on 10/31/2024. (DCC) |
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| Wednesday, October 23, 2024 | ||
| 3 | 3
motion
Alter/Amend/Supplement Pleadings
Wed 10/23 4:33 PM
MOTION to Amend Complaint re:1 Complaint filed by Terry K. Breaux. (MMG) |
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| Monday, October 21, 2024 | ||
| 2 | 2
motion
Application to Proceed in District Court without Prepaying Fees or Costs (IFP)
Mon 10/21 11:46 AM
Application to Proceed in District Court without Prepaying Fees or Costs filed by Terry K. Breaux. (jam) |
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| 1 | 1
cmp
Complaint
Mon 10/21 11:45 AM
COMPLAINT against Ti-Zack Concrete Inc filed by Terry K. Breaux. Case assigned to Judge John R. Tunheim per 3rd, 4th - Civil Rights list, referred to Magistrate Judge Dulce J. Foster. (jam) |
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Att: 1
Civil Cover Sheet
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