Tindall v. Freightquote.com, Inc. et al

Filing 42

ORDER staying all further proceedings. See order for details. Signed by Magistrate Judge James P. O'Hara on 8/1/2012. Mailed to pro se party Annette Tindall by regular and certified mail.(RA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ANNETTE TINDALL,

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Plaintiff,
v.
FREIGHTQUOTE.COM, INC., et al.,
Defendants.

Case No. 11-2503-JAR

ORDER
This is an employment-discrimination suit brought by the plaintiff, Annette
Tindall, against the defendants, Freightquote.com, Inc. and Eric Findley. On August 1,
2012, the undersigned U.S. Magistrate Judge, James P. O’Hara, convened a scheduling
conference. The conference was convened following a recent ruling by the Tenth Circuit
Court of Appeals in a related case, Tindall v. Freightquote.com, Inc., Case No. 10-2364EFM (“Tindall I”). Ms. Tindall, who is proceeding pro se, appeared on her own behalf.1
Defendants appeared through counsel, Karen R. Glickstein and Alison P. Lungstrum.
Tindall I, which also involved employment-discrimination claims by Ms. Tindall
against Freightquote, was ostensibly settled by the parties. Although the enforceability of
that settlement was upheld by presiding U.S. District Judge Eric F. Melgren in Tindall I

1

Ms. Tindall was more than an hour late for the conference, which was noticed on
July 10, 2012. See doc. 38. The court reminds Ms. Tindall that, even as a pro se
plaintiff, she is responsible for attending all hearings and arriving promptly. In the
hopefully unlikely event this happens again, Tindall is forewarned that sanctions—
including dismissal—may be imposed.
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and affirmed by the Tenth Circuit,2 Ms. Tindall disputed—and apparently continues to
dispute—the enforceability of the settlement in Tindall I. By contrast, Freightquote
intends to assert that settlement as a defense to the claims in this case.
Both sides agreed at the scheduling conference that this case should be stayed
pending a ruling by the presiding U.S. District Judge in this case, Hon. Julie A. Robinson,
on the anticipated summary-judgment motion by Freightquote based on the settlement in
Tindall I.

The undersigned magistrate judge concurs.

Accordingly, all further

proceedings in this case are stayed. As agreed by the parties, Freightquote shall file its
anticipated summary-judgment motion by September 14, 2012. In accordance with D.
Kan. Rule 6.1(d)(2), Ms. Tindall is reminded that any response to Freightquote’s motion
is due 21 days after the motion is filed. Any reply by Freightquote must be filed within
14 days of Ms. Tindall’s response.
Within 21 days after Judge Robinson’s ruling on the summary-judgment motion—
should the case survive—the parties are instructed to submit an updated planningmeeting report to the undersigned magistrate judge’s chambers. A scheduling conference
will be set at that time.
IT IS SO ORDERED.
Dated August 1, 2012, at Kansas City, Kansas.
s/ James P. O’Hara
James P. O’Hara
U.S. Magistrate Judge

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See Tindall I, docs. 66 and 94.
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