CM/ECF - PA Western https://ecf.pawd.uscourts.gov/cgi-bin/DktRpt.pl?114422807977...

CLOSED

U.S. District Court

Western District of Pennsylvania (Pittsburgh)
CIVIL DOCKET FOR CASE #: 2:10-cv-00751-AJS

EVANS v. BOMBARDIER, INC. et al Date Filed: 06/02/2010

Assigned to: Arthur J. Schwab Date Terminated: 10/29/2010
Cause: 42:2000e Job Discrimination (Employment) Jury Demand: Plaintiff
Nature of Suit: 442 Civil Rights: Jobs
Jurisdiction: Federal Question
Plaintiff
WILLIAM S. EVANS represented by James B. Lieber
an individual Lieber & Hammer
5528 Walnut Street
Pittsburgh, PA 15232
(412) 687-2231
Email: lhlawfirm@aol.com
ATTORNEY TO BE NOTICED

V.
Defendant
BOMBARDIER, INC. represented by Kimberly A. Craver
a corporation Reed Smith, LLP
TERMINATED: 09/16/2010 225 Fifth Avenue
Pittsburgh, PA 15222
(412) 288-7981
Email: kcraver@reedsmith.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
BOMBARDIER represented by Kimberly A. Craver
TRANSPORTATION (HOLDINGS) (See above for address)
USA INC. LEAD ATTORNEY
a corporation ATTORNEY TO BE NOTICED

Date Filed # Docket Text

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06/02/2010 1 COMPLAINT against BOMBARDIER TRANSPORTATION (HOLDINGS)

USA INC., BOMBARDIER, INC. (Filing fee $350, receipt number
0315-1622115) filed by WILLIAM S. EVANS. (Attachments: # 1 Civil Cover
Sheet, # 2 Summons Bombardier, Inc., # 3 Summons Bombardier
Transportation) (ept) (Entered: 06/02/2010)
06/02/2010 Summons Issued as to *BOMBARDIER TRANSPORTATION (HOLDINGS)
USA INC., BOMBARDIER, INC.* (ept) (Entered: 06/02/2010)
06/15/2010 2 NOTICE that instant civil action has been designated for placement into the
United States District Court's Alternative Dispute Resolution program. Parties
are directed to fully complete the required 26(f) report, which includes the
stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a
removal action, counsel for removing defendant) shall make service of the
notice on all parties. (ms) (Entered: 06/15/2010)
06/24/2010 3 WAIVER OF SERVICE Returned Executed by WILLIAM S. EVANS.
BOMBARDIER, INC. waiver sent on 6/3/2010, answer due 9/1/2010. (Lieber,
James) (Entered: 06/24/2010)
06/29/2010 4 WAIVER OF SERVICE Returned Executed by WILLIAM S. EVANS.
BOMBARDIER TRANSPORTATION (HOLDINGS) USA INC. waiver sent on
6/3/2010, answer due 9/1/2010. (Lieber, James) (Entered: 06/29/2010)
07/01/2010 5 ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE.
The defendants shall Answer or otherwise plead by 09/01/10. Rule 26 Meeting
Report, Proposed Case Management Order, and ADR Stipulation due by
09/08/10. Initial Case Management Conference set for 09/15/10 at 8:30 AM
before Arthur J. Schwab. Signed by Judge Arthur J. Schwab on 07/01/10. (eca)
(Entered: 07/01/2010)
07/01/2010 TEXT ORDER. Counsel for Plaintiff is hereby directed to immediately serve 5
Order Setting Initial Case Management Conference upon Defendants or Counsel
for Defendants. Signed by Judge Arthur J. Schwab on 07/01/10. Text-only entry;
no PDF document will issue. This text-only entry constitutes the Order of the
Court or Notice on the matter. (eca) (Entered: 07/01/2010)
07/01/2010 6 CERTIFICATE OF SERVICE by WILLIAM S. EVANS re 5 Order, Set
Deadlines/Hearings. (Lieber, James) (Entered: 07/01/2010)
07/22/2010 ORDER RESCHEDULING INITIAL CASE MANAGEMENT
CONFERENCE. The Initial Case Management Conference previously
scheduled for 09/15/10 at 8:30 AM is hereby RESCHEDULED for 09/21/10 at
8:30 AM before Arthur J. Schwab. Signed by Judge Arthur J. Schwab on
07/22/10. Text-only entry; no PDF document will issue. This text-only entry
constitutes the Order of the Court or Notice on the matter. (eca) (Entered:
07/22/2010)

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09/01/2010 7 ANSWER to 1 Complaint, by BOMBARDIER TRANSPORTATION

(HOLDINGS) USA INC.. (Craver, Kimberly) (Entered: 09/01/2010)
09/01/2010 8 Disclosure Statement identifying Bombardier, Inc. as corporate parent or other
affiliate, by BOMBARDIER TRANSPORTATION (HOLDINGS) USA INC..
(Craver, Kimberly) (Entered: 09/01/2010)
09/01/2010 9 MOTION to Dismiss or Alternatively, Motion for Summary Judgment re 1
Complaint, by BOMBARDIER, INC. (Attachments: # 1 Affidavit of Daniel
Desjardins, # 2 Proposed Order) (Craver, Kimberly). Added MOTION for
Summary Judgment on 9/2/2010 (ept). (Entered: 09/01/2010)
09/01/2010 10 BRIEF in Support re 9 Motion to Dismiss or Alternatively, Motion for Summary
Judgment filed by BOMBARDIER, INC.. (Craver, Kimberly) (Entered:
09/01/2010)
09/01/2010 11 CONCISE STATEMENT OF MATERIAL FACTS re 9 Motion to Dismiss by
BOMBARDIER, INC.. (Craver, Kimberly) (Entered: 09/01/2010)
09/01/2010 12 Appendix to 9 Motion to Dismiss by BOMBARDIER, INC.. (Attachments: # 1
Exhibit A) (Craver, Kimberly) (Entered: 09/01/2010)
09/01/2010 13 Disclosure Statement identifying None as corporate parent or other affiliate, by
BOMBARDIER, INC.. (Craver, Kimberly) (Entered: 09/01/2010)
09/02/2010 ORDER Response/Briefing Schedule re 9 Motion to Dismiss or Alternatively,
Motion for Summary Judgment -- Response to Motion due by 9/13/2010.
Signed by Judge Arthur J. Schwab on 9/2/10. Text-only entry; no PDF
document will issue. This text-only entry constitutes the Order of the Court or
Notice on the matter. (ms) (Entered: 09/02/2010)
09/02/2010 CLERK'S OFFICE QUALITY CONTROL MESSAGE re 9 Motion to Dismiss,
Motion for Summary Judgment. ERROR: MULTIPLE Relief Motion Filed as
One Relief. CORRECTION: Attorney advised in future that Motions of this
nature are to be filed using the Motion Event and clicking on all the reliefs
sought in said motion. Clerk of Court added/docketed Motion for Summary
Judgment. This message is for informational purposes only. (ept) (Entered:
09/02/2010)
09/08/2010 14 STIPULATION selecting ADR process by WILLIAM S. EVANS (Lieber,
James) (Entered: 09/08/2010)
09/08/2010 15 REPORT of Rule 26(f) Planning Meeting. (Lieber, James) (Entered:
09/08/2010)
09/08/2010 16 Proposed Case Management Order by WILLIAM S. EVANS. (Lieber, James)
(Entered: 09/08/2010)
09/13/2010 17 First AMENDED COMPLAINT against BOMBARDIER TRANSPORTATION
(HOLDINGS) USA INC., filed by WILLIAM S. EVANS. (Lieber, James)

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(Entered: 09/13/2010)
09/15/2010 18 MOTION to Amend/Correct 1 Complaint by WILLIAM S. EVANS.
(Attachments: # 1 Proposed Order) (Lieber, James) Modified on 9/16/2010 to
correct document linkage (ept). (Entered: 09/15/2010)
09/16/2010 19 ORDER granting 18 Motion to Amend Caption. The caption shall read William
S. Evans v. Bombardier Transportation (Holdings) USA Inc. Signed by Judge
Arthur J. Schwab on 09/16/10. (eca) (Entered: 09/16/2010)
09/17/2010 ORDER denying as moot 9 Motion to Dismiss; denying as moot 9 Motion for
Summary Judgment, in light of filing of Amended Complaint. Signed by Judge
Arthur J. Schwab on 9/16/10. Text-only entry; no PDF document will issue. This
text-only entry constitutes the Order of the Court or Notice on the matter. (mjl)
(Entered: 09/17/2010)
09/21/2010 Minute Entry for proceedings held before Judge Arthur J. Schwab: Case
Management Conference held on 9/21/2010. Case Management and Pretrial
Orders issued. Parties agreed to mediate before Hon. Donald E. Ziegler.
Discussed pre-mediation/ENE discovery. Text-only entry; no PDF document
will issue. This text-only entry constitutes the Court's order or notice on the
matter. (Court Reporter: J. Kienzle) (ms) (Entered: 09/21/2010)
09/21/2010 20 CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1)
information due by 10/5/2010; Amended Pleadings due by 10/21/2010;
Discovery due by 2/1/2011; Plaintiff Pretrial Statement due by 3/1/2011;
Defendant Pretrial Statement due by 3/9/2011; Plaintiff Expert Reports due by
1/7/2011; Defendant Expert Reports due by 1/21/2011; Expert Depositions to be
completed by 2/1/2011; Summary Judgment due by 2/10/2011; Response to
Summary Judgment due by 2/18/2011. Signed by Judge Arthur J. Schwab on
9/21/10. (ms) (Entered: 09/21/2010)
09/21/2010 21 PRETRIAL ORDER: Plaintiff witness list due by 3/1/2011; Defendant Witness
list due by 3/9/2011; Points for Charge due by 3/7/2011; Proposed Verdict Slips
due by 3/7/2011; Proposed Voir Dire by 3/7/2011; Stipulation due by 3/7/2011;
Motions in Limine due by 3/1/2011; Response to Motions in Limine due by
3/8/2011; Jury Trial set for 3/21/2011 at 9:00 AM in Courtroom 7C before Judge
Arthur J. Schwab; Pretrial Conference set for 3/18/2011 at 9:15 AM in
Courtroom 7C before Judge Arthur J. Schwab. Signed by Judge Arthur J.
Schwab on 9/21/10. (ms) (Entered: 09/21/2010)
09/21/2010 22 ORDER REFERRING CASE to Mediation. Hon. Donald E. Ziegler is
appointed as mediator. Mediation shall occur by 11/22/10. Signed by Judge
Arthur J. Schwab on 9/21/10. (ms) (Entered: 09/21/2010)
09/21/2010 23 Notice of Mediation by BOMBARDIER TRANSPORTATION (HOLDINGS)
USA INC.. Mediation Date September 27, 2010 at 10:00 a.m. (Craver,
Kimberly) (Entered: 09/21/2010)

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09/24/2010 24 ANSWER to 17 Amended Complaint by BOMBARDIER TRANSPORTATION

(HOLDINGS) USA INC. (Craver, Kimberly) (Entered: 09/24/2010)
10/04/2010 25 REPORT of Mediation: Case has not been resolved. DONALD E. ZIEGLER
terminated. Attorney Donald E. Ziegler terminated. The parties are reminded
of their obligation to complete the ADR questionnaire and return same to
the Clerk of Court within 5 days of the conclusion of the ADR process. The
questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR
icon. Mediation session was held on 9/27/2010. (map) (Entered: 10/04/2010)
10/29/2010 TEXT ORDER. Having been notified that the parties agreed to an amicable
resolution of this matter, IT IS ORDERED that the Clerk shall remove this case
from the docket for administrative purposes. IT IS FURTHER ORDERED that,
in the event any party fails to execute the settlement agreement, the case shall be
reinstated to the docket upon written request of any party for purposes of
enforcement of the settlement agreement. IT IS FINALLY ORDERED that the
Court shall retain jurisdiction to enforce the terms of the settlement agreement
of the parties. Clerk is to mark CASE CLOSED. Signed by Judge Arthur J.
Schwab on 10/29/10. Text-only entry; no PDF document will issue. This
text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
(Entered: 10/29/2010)
11/22/2010 26 STIPULATION of Dismissal With Prejudice by BOMBARDIER
TRANSPORTATION (HOLDINGS) USA INC.. (Attachments: # 1 Proposed
Order) (Craver, Kimberly) (Entered: 11/22/2010)
11/23/2010 27 ORDER APPROVING 26 Stipulation of Dismissal. This civil action is
DISMISSED WITH PREJUDICE. Signed by Judge Arthur J. Schwab on
11/23/10. (eca) (Entered: 11/23/2010)

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