Tatum v. North American Central School Bus LLC
| Missouri Eastern District Court | |
| Judge: | Rodney W Sippel |
| Case #: | 4:23-cv-01219 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:1983 Civil Rights (Employment Discrimination) |
| Case Filed: | Sep 27, 2023 |
| Last checked: Monday Mar 25, 2024 3:34 AM CDT |
|
Defendant
North American Central School Bus LLC
|
|
|
Plaintiff
Karen Tatum
P.O. Box 4823
St. Louis, MO 63108 |
GPO
Dec 18 2023
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [ECF No. 2] is GRANTED. IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel [ECF No. 3] is DENIED at this time. IT IS FURTHER ORDERED that plaintiff shall amend her complaint, on a court-provided form, and submit a copy of her EEOC right to sue letter and charge of discrimination, within twenty-one (21) days of the date of this Order in compliance with the instructions set forth herein. IT IS FURTHER ORDERED that the Clerk of Court shall provide plaintiff a copy of a blank Employment Discrimination Complaint form. IT IS FURTHER ORDERED that if plaintiff fails to timely comply with this Memorandum and Order, the Court will dismiss this action without prejudice and without further notice. [A COPY OF DIRECTED DOCUMENT MAILED THIS DATE] Signed by Sr. District Judge Rodney W. Sippel on 12/18/2023. (KEK) |
|
|
GPO
Dec 19 2023
MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [ECF No. 2] is GRANTED. IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel [ECF No. 3] is DENIED at this time. IT IS FURTHER ORDERED that plaintiff shall amend her complaint, on a court- provided form, and submit a copy of her EEOC right to sue letter and charge of discrimination, within twenty-one (21) days of the date of this Order in compliance with the instructions set forth herein. IT IS FURTHER ORDERED that the Clerk of Court shall provide plaintiff a copy of a blank Employment Discrimination Complaint form. IT IS FURTHER ORDERED that if plaintiff fails to timely comply with this Memorandum and Order, the Court will dismiss this action without prejudice and without further notice. Signed by Sr. District Judge Rodney W. Sippel on 12/19/2023. (Attachments: # (1) Form)(NEP) |
|
|
GPO
Jan 24 2024
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's second motion for extension of time 12 is denied, and plaintiff must still comply with the provisions of the December 19, 2023 Memorandum and Order 5 by no later January 30, 2024, or this Court will dismiss this action without prejudice and without further notice. Signed by Sr. District Judge Rodney W. Sippel on 1/24/2024. (KEK) |
|
|
GPO
Jan 29 2024
MEMORANDUM AND ORDER... This block of documents sent as an exhibit to a letter to the Court does not comply with the provisions of the December 19, 2023, Memorandum and Order. Plaintiff has already been given explicit instructions on how to amend her complaint and must comply with the December 19, 2023 Memorandum and Order by completing the form complaint and attaching the required documents. Failure to do so will result in the dismissal of this action without prejudice and without further notice. [SEE ORDER FOR COMPLETE DETAILS]. Signed by Sr. District Judge Rodney W. Sippel on 1/29/2024. (NEP) |
|
|
GPO
Jan 30 2024
MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [ECF No. 7] is DENIED without prejudice. IT IS FURTHER ORDERED that plaintiff's motion for extension of time to amend her pleading until she has obtained counsel [ECF No. 8] is DENIED at this time. Signed by Sr. District Judge Rodney W. Sippel on 1/30/2024. (NEP) |
|
|
GPO
May 03 2024
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's second motion to proceed in forma pauperis in this action [ECF No. 21] is DENIED AS MOOT. IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel [ECF No. 20] is DENIED at this time. IT IS FURTHER ORDERED that the Clerk shall STRIKE plaintiff's supplemental documents [ECF No. 23] from the Court record and return these documents to plaintiff. The Court does not accept discovery documents from parties. IT IS FURTHER ORDERED that the Clerk shall STRIKE Exhibits 19-4, 19-5 and pp. 7-54 of 19-3, see ECF No. 19, from the Court record and return these documents to plaintiff. The Court does not accept discovery documents from parties. IT IS FURTHER ORDERED that the Clerk shall remove any mention of LIUNA Local 773 from the docket sheet in this matter as this entity is not a defendant in this action. IT IS FURTHER ORDERED because plaintiff is proceeding in forma pauperis in this action, the Clerk shall issue process, or cause process to issue upon the amended complaint as to defendant North American Central School Bus, who is doing business as Illinois Central School Bus, at its registered agent: C.T. Corporation System, 120 South Central Ave., Clayton, Missouri, 63105. (see full order for details.) Signed by Sr. District Judge Rodney W. Sippel on 05/03/2024. (KRZ) |
|
|
GPO
May 30 2024
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to appoint counsel 28 is denied without prejudice. Signed by Sr. District Judge Rodney W. Sippel on 5/30/2024. (KEK) |
|
|
GPO
Aug 19 2024
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion to clarify 40 is denied as defendant's answer meets the pleading requirements of the Federal Rules of Civil Procedure, and plaintiff does not have leave to file a reply to the answer. See Fed. R. Civ. P. 7(a). (See full order for details.) ( Joint Scheduling Plan due by 9/20/2024.) Signed by Sr. District Judge Rodney W. Sippel on 08/19/2024. (KRZ) |
|
|
GPO
Sep 06 2024
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion to appoint counsel 46 is denied without prejudice. IT IS FURTHER ORDERED that plaintiff's supplemental reply and exhibits 47 are stricken from the record. Signed by Sr. District Judge Rodney W. Sippel on 09/06/2024. (KRZ) |
|
|
GPO
Sep 25 2024
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Karen Tatum's motions [50, 53] are denied, and her motions for pro bono neutral 51 and appointment of counsel 54 are denied without prejudice. IT IS FURTHER ORDERED that pages 3-12 of ECF 50 are hereby stricken from the record as improperly filed discovery materials and should be returned to Karen Tatum by the Clerk of the Court with this Memorandum and Order... SEE ORDER FOR FULL DETAILS. ( Joint Scheduling Plan due by 10/4/2024.) Signed by Sr. District Judge Rodney W. Sippel on 09/25/2024. (ANR) |
|
|
GPO
Oct 03 2024
MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Karen Tatum's motion to withdraw her motion for judgment on the pleadings [59-2] is granted. IT IS FURTHER ORDERED that the parties are not required to file their joint proposed scheduling plan in accordance with this Court's August 19, 2024, Memorandum and Order on or before October 4, 2024. IT IS FURTHER ORDERED that any motion for leave to amend the complaint prior to the entry of a case management order must be filed in compliance with Local Rule 4.07 on or before October 21, 2024. If no such motion is filed by that date, the parties shall file a joint proposed scheduling plan in accordance with this Court's August 19, 2024 Memorandum and Order on or before November 1, 2024. Otherwise, the Court will enter a new deadline for submission of a joint proposed scheduling plan following a ruling on any motion for leave to amend. The parties must comply with the Court's prior Orders and Federal Rule of Civil Procedure 26(f) in the creation of the joint proposed scheduling plan, whenever due. ( Motion to Join Parties due by 10/21/2024.). Signed by Sr. District Judge Rodney W. Sippel on 10/3/2024. (NEP) |
|
|
GPO
Oct 24 2024
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendant shall file its response to the motion for leave to amend complaint (ECF 63) as set forth above. Defendant is reminded that all future filings must be served upon plaintiff by mail and contain a certificate of service or they will be stricken from the record. IT IS FURTHER ORDERED that the parties are not required to submit a joint proposed scheduling plan at this time. Signed by Sr. District Judge Rodney W. Sippel on 10/24/2024. (KEK) |
|
|
GPO
Nov 01 2024
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendant shall file its response to the motion to revoke pro hac vice admission 66 in accordance with the time limits set forth in the Court's local rules. Plaintiff may submit any reply brief in support of this motion in accordance with the time limits set forth in the Court's local rules. IT IS FURTHER ORDERED that the motions for leave to request ADR 67 and motion for appointment of pro bono neutral 68 are denied without prejudice as premature. IT IS FURTHER ORDERED that plaintiff's motion for hearing 70 is denied. Signed by Sr. District Judge Rodney W. Sippel on 11/01/2024. (KRZ) |
|
|
GPO
Nov 13 2024
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to amend complaint 63 is granted only as follows: the motion for leave to amend is granted as to defendant North American Central School Bus LLC and Laborers' International Union of North America Local 773 and denied as to all remaining defendants. Plaintiff's second amended complaint [63-1] is deemed filed as of this date. IT IS FURTHER ORDERED that because plaintiff is proceeding in forma pauperis in this action, the Clerk shall issue process, or cause process to issue upon the second amended complaint as to defendant Laborers' International Union of North America Local 773 at 5102 Ed Smith Way, Marion, Illinois, 62959. Signed by Sr. District Judge Rodney W. Sippel on 11/13/2024. (KEK) |
|
|
GPO
Nov 22 2024
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion to withdraw right to sue letter 62 is denied as moot. IT IS FURTHER ORDERED that plaintiff's motion to revoke pro hac vice admission 66 and motion to strike/dismiss 80 are denied. Signed by Sr. District Judge Rodney W. Sippel on 11/22/2024. (KRZ) |
|
|
GPO
Dec 03 2024
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to request to set aside this case 89 is denied. IT IS FURTHER ORDERED that plaintiff's motion for copies of all filings [89-1] is denied as to a request for all filings, but denied without prejudice to a showing of particularized need for a filing identified by docket number. Signed by Sr. District Judge Rodney W. Sippel on 12/3/2024. (KEK) |
|
|
GPO
Dec 05 2024
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendant's motion for extension of time 92 is granted, and defendant Laborer's International Union of North America Local 773 shall file its responsive pleading to the Second Amended Complaint no later than January 15, 2025. Signed by Sr. District Judge Rodney W. Sippel on 12/5/2024. (KEK) |
|
|
GPO
Dec 09 2024
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motions for copies of documents [99, 100] is denied, as the docket sheet and certificates of service for these documents reflect that plaintiff has recently been served copies of these documents by mail. IT IS FURTHER ORDERED that plaintiff's motion to correct caption 99 is denied as moot, as the record reflects that the case caption correctly reflects the parties to the case and the nature of suit. IT IS FURTHER ORDERED that plaintiff's motion to file a reply to defendant's answer 100 is denied, and motion for extension of time to file a reply to defendant's answer 100 is denied as moot as plaintiff does not have leave to file a reply to the answer. See Fed. R. Civ. P. 7(a). Signed by Sr. District Judge Rodney W. Sippel on 12/09/2024. (KRZ) |
|
|
GPO
Dec 16 2024
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motions to acknowledge filing 106 and to correct case caption 107 are granted only to this extent: (see full order for details.) Signed by Sr. District Judge Rodney W. Sippel on 12/16/2024. (KRZ) |
|
|
GPO
Jan 02 2025
MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that plaintiff's motion to change the nature of suit code from 442 to 445 [120] is granted, and the Clerk of Court shall update the docket sheet to reflect the change. To the extent the motion [120] seeks additional relief, it is denied. IT IS FURTHER ORDERED that plaintiff's motion for additional copies of all 123 documents filed in this case [121] is denied, as the docket sheet reflects that plaintiff has already received copies of the documents by mail and she is not entitled to numerous free copies of documents, most of which she filed. To the extent the motion [121] seeks additional relief, it is denied, as the Court does not provide "updates" to parties in cases. Additional motions will be ruled if filed, but simply stating an intention to file a motion does not mean that such a motion is properly before the Court at this time. IT IS FURTHER ORDERED that plaintiff's motion for copies 122 is denied as duplicative and for the same reasons set out above. IT IS FURTHER ORDERED that plaintiff shall file any opposition to defendant's motion to clarify its proper name 118 in accordance with the time limits set out in the Court's local rules or the motion will be granted without objection. Signed by Sr. District Judge Rodney W. Sippel on 1/2/2025. (NEP) |
|
|
GPO
Feb 04 2025
MEMORANDUM AND ORDER. (See Full Order.)IT IS HEREBY ORDERED that plaintiff's filing dated February 3, 2025 137 is granted only to the following extent: the request for an extension of time to file an opposition to defendant's motion to dismiss and seek counsel is granted, and plaintiff shall file any memorandum in opposition to defendant's motion to dismiss [131, 132] by no later than March 7, 2025, unless counsel enters an appearance on her behalf and requests additional time by that date. As previously stated, any opposition to the motion to dismiss shall include as exhibits the complete charge of discrimination plaintiff alleges she filed against the defendant union, together with a complete copy of the right to sue letter issued on the charge demonstrating that the union was a charged party. Plaintiff's failure to timely respond to the motion to dismiss as ordered will result in the motion being granted without further notice by the Court. Any other relief sought in ECF 137 is denied. IT IS FURTHER ORDERED that defendant's motion to clarify 118 is granted without opposition, and the Clerk of the Court shall amend the caption of the docket sheet to reflect that defendant's name is "Illinois Central School Bus, LLC d/b/a North America Central School Bus, LLC d/b/a Missouri Central School Bus, LLC." (Response to Court due by 3/7/2025.) Signed by Sr. District Judge Rodney W. Sippel on 2/4/2025. (CBL) |
| Docket last updated: 02/10/2025 11:59 PM CST |
| Monday, February 10, 2025 | ||
| 154 | 154
order
Memorandum & Order
Mon 02/10 10:43 AM
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motions for extension of time to respond to the motion to dismiss and obtain counsel [145 ,146 ,147 ] are denied as moot. IT IS FURTHER ORDERED that plaintiff's motion for appointment of pro bono neutral144 is denied without prejudice as prematurely filed. IT IS FURTHER ORDERED that plaintiff's motion for injunction relief148 is denied. Signed by Sr. District Judge Rodney W. Sippel on 2/10/2025. (KEK) |
|
|
misc
Order Receipt
Mon 02/10 10:44 AM
ORDER RECEIPT: (see receipt) Docket No: 154. Mon Feb 10 10:44:04 CST 2025 (KEK) |
||
| Friday, February 07, 2025 | ||
| 153 | 153
appeal
Initial Notification from USCA
Fri 02/07 4:09 PM
Initial Notification from USCA for141 Notice of Interlocutory Appeal filed by Karen Tatum,139 Notice of Interlocutory Appeal filed by Karen Tatum,138 Notice of Interlocutory Appeal filed by Karen Tatum,140 Notice of Interlocutory Appeal filed by Karen Tatum USCA Appeal Number: 25-1256 25-1257 25-1258 and 25-1259 (KRZ) |
|
| 152 | 152
appeal
Notification of Appeal and NOA Supplement
Fri 02/07 4:09 PM
NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding133 Order,,,60 Memorandum & Order,,,,55 Memorandum & Order,,. Notice of Appeal filed on 2/6/2025 by Plaintiff Karen Tatum. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(JBH) |
|
| Thursday, February 06, 2025 | ||
| 151 | 151
appeal
Notice of Interlocutory Appeal
Fri 02/07 12:37 PM
NOTICE OF INTERLOCUTORY APPEAL by Plaintiff Karen Tatum. Filing fee $ 605.(KRZ) |
|
| 150 | 150
appeal
Notice of Interlocutory Appeal
Fri 02/07 12:34 PM
NOTICE OF INTERLOCUTORY APPEAL as to60 Memorandum & Order and55 Memorandum & Order, by Plaintiff Karen Tatum. Filing fee $ 605.(KRZ) |
|
| 149 | 149
appeal
Notice of Interlocutory Appeal
Fri 02/07 12:25 PM
NOTICE OF INTERLOCUTORY APPEAL as to133 Order, by Plaintiff Karen Tatum. Filing fee $ 605.(KRZ) |
|
| 148 | 148
motion
Pro Se Motion
Fri 02/07 9:28 AM
PRO SE MOTION for Injunction Relief by Plaintiff Karen Tatum. (KRZ) |
|
| 147 | 147
motion
Pro Se Motion
Fri 02/07 9:26 AM
SECOND PRO SE MOTION for Leave to seek legal counsel by Plaintiff Karen Tatum. (KRZ) |
|
| 146 | 146
motion
Pro Se Motion
Fri 02/07 9:22 AM
PRO SE MOTION for Leave to seek and hire an attorney outside of Missouri by Plaintiff Karen Tatum. (KRZ) |
|
| 145 | 145
motion
Extension
Fri 02/07 9:20 AM
MOTION for Extension of Time to answer mail by Plaintiff Karen Tatum. (KRZ) |
|
| 144 | 144
motion
Pro Bono Neutral
Fri 02/07 9:18 AM
MOTION for Pro Bono Neutral by Plaintiff Karen Tatum. (KRZ) |
|
| Wednesday, February 05, 2025 | ||
|
misc
Order Receipt
Wed 02/05 10:01 AM
ORDER RECEIPT: (see receipt) Docket No: 143. Order sent to party not electronically notified. Wed Feb 5 10:01:29 CST 2025 (CBL) |
||
| Tuesday, February 04, 2025 | ||
| 143 | 143
3
pgs
order
Memorandum & Order
Wed 02/05 9:56 AM
MEMORANDUM AND ORDER. (See Full Order.)IT IS HEREBY ORDERED that plaintiff's filing dated February 3, 2025137 is granted only to the following extent: the request for an extension of time to file an opposition to defendant's motion to dismiss and seek counsel is granted, and plaintiff shall file any memorandum in opposition to defendant's motion to dismiss [131, 132] by no later than March 7, 2025, unless counsel enters an appearance on her behalf and requests additional time by that date. As previously stated, any opposition to the motion to dismiss shall include as exhibits the complete charge of discrimination plaintiff alleges she filed against the defendant union, together with a complete copy of the right to sue letter issued on the charge demonstrating that the union was a charged party. Plaintiff's failure to timely respond to the motion to dismiss as ordered will result in the motion being granted without further notice by the Court. Any other relief sought in ECF 137 is denied. IT IS FURTHER ORDERED that defendant's motion to clarify118 is granted without opposition, and the Clerk of the Court shall amend the caption of the docket sheet to reflect that defendant's name is "Illinois Central School Bus, LLC d/b/a North America Central School Bus, LLC d/b/a Missouri Central School Bus, LLC." Signed by Sr. District Judge Rodney W. Sippel on 2/4/2025. (CBL) |
|
| 142 | 142
appeal
Notification of Appeal and NOA Supplement
Tue 02/04 3:34 PM
NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding 4 Notice of Appeals filed on 2/3/2024. Notice of Appeal filed on 2/3/2025 by Plaintiff Karen Tatum. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(JBH) |
|
| Monday, February 03, 2025 | ||
| 141 | 141
appeal
Notice of Interlocutory Appeal
Tue 02/04 2:11 PM
NOTICE OF INTERLOCUTORY APPEAL as to116 Memorandum & Order by Plaintiff Karen Tatum. (KXS) |
|
| 140 | 140
appeal
Notice of Interlocutory Appeal
Tue 02/04 2:09 PM
NOTICE OF INTERLOCUTORY APPEAL by Plaintiff Karen Tatum. (KXS) |
|
| 139 | 139
appeal
Notice of Interlocutory Appeal
Tue 02/04 2:08 PM
NOTICE OF INTERLOCUTORY APPEAL by Plaintiff Karen Tatum. (KXS) |
|
| 138 | 138
appeal
Notice of Interlocutory Appeal
Tue 02/04 2:05 PM
NOTICE OF INTERLOCUTORY APPEAL as to73 Memorandum & Order by Plaintiff Karen Tatum. (KXS) |
|
| 137 | 137
respm
Response to Motion
Tue 02/04 2:00 PM
RESPONSE to131 MOTION to Dismiss Party Laborers' International Union of North America, Local 773 filed by Plaintiff Karen Tatum. (KXS) |
|