U.S. District Court
Northern District of Florida (Pensacola)
CIVIL DOCKET FOR CASE #: 3:07-cv-00525-MCR-EMT


SKIPPER v POTTER
Assigned to: District Judge M CASEY RODGERS
Referred to: MAGISTRATE JUDGE ELIZABETH M TIMOTHY
Cause: 42:2003 Job Discrimination

Date Filed: 12/17/2007
Jury Demand: Plaintiff
Nature of Suit: 445 Civil Rights: Americans with Disabilities - Employment
Jurisdiction: Federal Question
Plaintiff
CHERYL LYNN SKIPPER represented by CHERYL LYNN SKIPPER
1600 EVERS HAVEN
CANTONMENT, FL 32533
(850) 485-2911
PRO SE

V.
Defendant
JOHN E POTTER
POSTMASTER GENERAL
represented by ROY F BLONDEAU, JR.
US ATTORNEY - TALLAHASSEE FL
111 N ADAMS ST
4TH FL
TALLAHASSEE, FL 32301
850-942-8430
Fax: 850-942-8448
Email: roy.blondeau@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed # Docket Text
12/14/2007 1  COMPLAINT (Title VII) against JOHN E POTTER, filed by CHERYL LYNN SKIPPER.
(No Service copies provided.)
(cbj) (Entered: 12/17/2007)
12/14/2007 2  MOTION for Leave to Proceed in forma pauperis by CHERYL LYNN SKIPPER.
(cbj) (Entered: 12/17/2007)
12/17/2007 Notice to Pro Se Litigant mailed to plaintiff CHERYL LYNN SKIPPER (1600 EVERS HAVEN, CANTONMENT, FL 32533)*.
(cbj)
*Modified on 12/17/2007 (to reflect mailing address; docket corrected to reflect ProSe plaintiff) (cbj). (Entered: 12/17/2007)
12/17/2007   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: 1 Complaint, 2 MOTION for Leave to Proceed in forma pauperis.
Motions referred to ELIZABETH M TIMOTHY.
(cbj) Modified on 12/18/2007 (to correct date) (cbj). (Entered: 12/18/2007)
12/19/2007 4  ORDER re 2 MOTION for Leave to Proceed in forma pauperis (IFP) filed by CHERYL LYNN SKIPPER
  • Clerk to send Pltf a copy of forms for non-prisoner pro se parties to request leave to proceed IFP, with this case number written on the forms.
  • Pltf's IFP motion (doc.2) is DENIED without prejudice. Within THIRTY (30) DAYS from docketing date of this order, pltf shall pay $350.00 filing fee, or submit IFP motion, as directed.
  • Filing Fee due by 1/19/2008 ; Alternatively, IFP Motion due by 1/19/2008.
    Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on December 19, 2007.

    (cc: Skipper w/ifp forms)
    (cbj) (Entered: 12/20/2007)

  • 12/24/2007 5  Mail Returned as Undeliverable. Mail sent to CHERYL LYNN SKIPPER Re: 4 ORDER w/ifp forms -
    returned by post office marked "FORWARD TIME EXP - RTN TO SEND ; SKIPPER, 1745 E TEXAR DR, PENSACOLA FL 32503-4170; RETURN TO SENDER"
    (cbj) (Entered: 12/26/2007)
    12/26/2007   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: 5 Mail Returned (RE ORDER 4 w/ifp form).
    (cbj) (Entered: 12/26/2007)
    01/18/2008 8  MOTION for Leave to Proceed in forma pauperis by CHERYL LYNN SKIPPER.
    (cbj) (Entered: 01/22/2008)
    01/22/2008   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: 8 MOTION for Leave to Proceed in forma pauperis.
    Motions referred to ELIZABETH M TIMOTHY.
    (cbj) (Entered: 01/22/2008)
    01/25/2008 9  ORDER re 1 Complaint filed by CHERYL LYNN SKIPPER,
  • Plaintiff's 8 MOTION for Leave to Proceed in forma pauperis is DENIED. Plaintiff shall pay filing fee within THIRTY (30) DAYS of docketing date of this order.
  • Filing Fee due by 2/24/2008.
    Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on January 25, 2008.

    (cc: Skipper)
    (cbj) (Entered: 01/25/2008)

  • 02/22/2008 12  ORDER (Of Deficiency) - re Pltf's "Motion To Reconsider Decision Forma Pauperis" (received by clerk on 2/21/2008)
  • Clerk shall file the document, but no further documents will be accepted unless they comply with the Local Rules of NDFL.
    Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on February 22, 2008.

    (cc: Skipper)
    (cbj) (Entered: 02/22/2008)

  • 02/22/2008 13  MOTION To Reconsider Decision Forma Pauperis* re 9 Order, by CHERYL LYNN SKIPPER.
    *(rec'd 2/21/2008, FILED pursuant to order 12 ).
    (cbj) (Entered: 02/22/2008)
    02/22/2008   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: 13 MOTION for Reconsideration re 9 Order.
    Motions referred to ELIZABETH M TIMOTHY.
    (cbj) (Entered: 02/25/2008)
    02/26/2008 14  ORDER
    1. Plaintiff's 13 MOTION for Reconsideration is GRANTED.
    2. Upon reconsideration of Pltf's 8 MOTION for Leave to Proceed in forma pauperis, the motion is GRANTED.
    3. Within THIRTY (30) DAYS from docketing of this order, Pltf shall submit three (3) identical copies of the complaint, including attachments.
  • Miscellaneous (submission of service copies) Deadline - by 3/27/2008.
    Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on February 26, 2008.

    (cc: Skipper)
    (cbj) (Entered: 02/26/2008)

  • 03/26/2008 15  MOTION Requesting A Court Appointed Attorney by CHERYL LYNN SKIPPER.
    (cbj) (Entered: 03/26/2008)
    03/26/2008 16  DOCKET ANNOTATION BY COURT: Re 14 Order, directing submission of three service copies.
    THREE (3) copies received.
    (cbj) (Entered: 03/26/2008)
    03/26/2008   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: 15 MOTION Requesting A Court Appointed Attorney.
    Motions referred to ELIZABETH M TIMOTHY.
    (cbj) (Entered: 03/26/2008)
    03/26/2008   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: 16 Docket Annotation - 3 service copies received.
    (cbj) (Entered: 03/26/2008)
    03/27/2008 17  ORDER denying without prejudice 15 MOTION to Appoint Counsel filed by CHERYL LYNN SKIPPER. The clerk of court shall issue summons for Defendant. The clerk shall deliver the summons and a copy of the complaint to the United States attorney for the Northern District (or to an assistant Untied States attorney or clerical employee whom the Untied States attorney designates in a writing filed with the clerk). The clerk shall also send a copy of the summons and complaint by registered or certified mail to the Attorney General of the United States, Department of Justice in Washington, D.C. Additionally, the clerk shall send a copy of the summons and complaint by registered or certified mail to John E. Potter, Postmaster General in Washington. In accordance with 28 U.S.C. § 636(c)(2), the clerk shall forward to Plaintiff a form for consenting to trial by the magistrate judge. If Plaintiff wishes to consent she should sign the form and forward it to counsel for Defendant, who, if Defendant consents, shall sign and return it to the clerk only if Defendant also consents. In any event, the Clerk shall refer this file to the undersigned forty-five (45) days from the date of this order. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 3/27/08.

    Magistrate Consent Form mailed to Plaintiff

    Notify Chambers on 5/12/2008.

    (lcu) (Entered: 03/27/2008)
    03/27/2008 18  Summons Issued as to JOHN E POTTER, U.S. Attorney and U.S. Attorney General pursuant to 17 Order. (lcu) (Entered: 04/02/2008)
    04/04/2008 20  ORDER (Of Deficiency) - re Plaintiff's "Motion Requesting Reconsideration Of Court Appointed Counsel" (received 4/2/2008) -
  • The clerk shall file the document, but no further documents will be accepted from Plaintiff unless they comply with FRCivP and the Local Rules.
    Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on April 4, 2008.

    (cc: Skipper)
    (cbj) (Entered: 04/04/2008)

  • 04/04/2008 21  MOTION for Reconsideration* (Of Court Appointed Counsel) re 17 Order, by CHERYL LYNN SKIPPER.

    *(NOTE: Filed pursuant to order 20 ).
    (cbj) (Entered: 04/04/2008)

    04/04/2008   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: 21 MOTION for Reconsideration re 17 Order.
    Motions referred to ELIZABETH M TIMOTHY.
    (cbj) (Entered: 04/04/2008)
    04/07/2008 22  ORDER - DENIED, Plaintiff's 21 Motion for Reconsideration re 17 Order.
    Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on April 7, 2008.

    (cc: Skipper)
    (cbj) (Entered: 04/07/2008)

    04/07/2008 23  ACKNOWLEDGMENT OF SERVICE Executed (green card, JOHN E. POTTER served on 4/2/2008) as to 17 Order, directing service, 1 Complaint.
    (cbj) (Entered: 04/08/2008)
    04/10/2008 24  ACKNOWLEDGMENT OF SERVICE Executed (green card reflecting service on USAG, 4/1/2008) as to 17 Order, directing service, 1 Complaint.
    (cbj) (Entered: 04/11/2008)
    05/13/2008   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: 17 Order, Setting deadline to notify chambers;
    23 Acknowledgment of Service, 24 Acknowledgment of Service.
    (cbj) (Entered: 05/13/2008)
    05/13/2008   Set Deadlines/Hearings as requested by chambers -
  • JOHN E POTTER answer due 6/1/2008.
    (cbj) (Entered: 05/13/2008)
  • 05/27/2008 25  ANSWER to 1 Complaint by JOHN E POTTER. (BLONDEAU, JR., ROY) (Entered: 05/27/2008)
    05/28/2008   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: 25 Answer to Complaint.
    (cbj) (Entered: 05/28/2008)
    05/30/2008 26  INITIAL SCHEDULING ORDER:
  • Rule 26 Meeting Report due by 7/14/2008.
  • Discovery due by 9/28/2008.
    Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on May 30, 2008.

    (cc: Skipper)
    (cbj) (Entered: 05/30/2008)

  • 06/06/2008 27  MOTION for Reconsideration Of Court Appointed Counsel, re 17 Order, by CHERYL LYNN SKIPPER.
    (cbj) (Entered: 06/06/2008)
    06/06/2008   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: 27 MOTION for Reconsideration Of Court Appointed Counsel, re 17 Order.
    Motions referred to ELIZABETH M TIMOTHY.
    (cbj) (Entered: 06/06/2008)
    06/09/2008 28  ORDER - Plaintiff's 27 Motion for Reconsideration of Court Appointed Counsel, re 17
    is DENIED.
    Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on June 9, 2008.

    (cc: Skipper)
    (cbj)
    (Entered: 06/09/2008)

    07/15/2008   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: 26 Initial Scheduling Order.
    Rule 26 Meeting Report PAST DUE.
    (cbj) (Entered: 07/15/2008)
    07/16/2008 29  ORDER -
    Within TWENTY (20) DAYS from docketing date of this order, parties shall show cause why sanctions s/n/b imposed for failure to comply with the ISO.
    Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on July 16, 2008.
  • Show Cause Response due by 8/5/2008.

    (cc: Skipper) (cbj) (Entered: 07/16/2008)

  • 08/01/2008 30  REPORT of Rule 26(f) Planning Meeting. (BLONDEAU, JR., ROY) (Entered: 08/01/2008)
    08/01/2008 31  RESPONSE re 30 Report of Rule 26(f) Planning Meeting, 29 Order to Show Cause, by JOHN E POTTER. (BLONDEAU, JR., ROY) (Entered: 08/01/2008)
    08/01/2008   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: 30 Report of Rule 26(f) Planning Meeting, 31 Response to Order to show cause.
    (cbj) (Entered: 08/01/2008)
    08/06/2008 32  FINAL SCHEDULING ORDER Re: 30 Report of Rule 26(f) Planning Meeting. The 26 Initial Scheduling Order is modified as outlined -(see order image)-
  • All Discovery due by 12/31/2008.
    Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on August 6, 2008.

    (cc: Skipper)
    (cbj) (Entered: 08/06/2008)

  • 08/14/2008 33  MOTION for Reconsideration Of Court Appointed Counsel re 17 Order, by CHERYL LYNN SKIPPER.
    (cbj) (Entered: 08/15/2008)
    08/15/2008   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: 33 MOTION for Reconsideration Of Court Appointed Counsel re 17 Order.
    Motions referred to ELIZABETH M TIMOTHY.
    (cbj) (Entered: 08/15/2008)
    08/19/2008 34  ORDER - 1. Pltf's 33 MOTION for Reconsideration re 17 Order, is DENIED.
    2. Clerk shall immediately send a notice to all members of the court's bar providing in substance:
      This is a notice of an opportunity to provide pro bono representation in a case filed in the Pensacola Division in which a Final Scheduling Order has recently been issued. The case is Skipper v. Potter, Case No. 3:07cv525/MCR/EMT.
    3. The issuance of the electronic notice does not affect the deadlines established in the Final Scheduling Order previously issued by the court.
  • Miscellaneous (Attorney Appearance) Deadline - by 9/26/2008.
    Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on August 19, 2008.

    (cc: Skipper)
    (cbj) (Entered: 08/19/2008)