Date: 05-29-2018

Case Style:

Case Number: 6:15-cv-01106-JTM

Judge: J. Thomas Marten

Court: United States District Court for the District of Kansas (Sedgwick County)

Plaintiff's Attorney: Don Peterson and Sean McGivern

Defendant's Attorney: Kurt A. Harper and Terry L. Unruh

Description: Wichita, KS - David Yinger sued Postal Presort, Inc. on a civil rights Americans With Disabilities Act violation theory.

03/02/2018 109 MOTION to Amend Complaint re 1 Notice of Removal [Plaintiff's Motion to Amend the Pleadings Pursuant to FRCP 15(b)(2) by Plaintiff David Yinger (McGivern, Sean) (Entered: 03/02/2018)
03/02/2018 110 MOTION for Judgment as a Matter of Law by Defendant Postal Presort, Inc. (Harper, Kurt) (Entered: 03/02/2018)
03/02/2018 111 RESPONSE by Defendant Postal Presort, Inc. re 109 MOTION to Amend Complaint re 1 Notice of Removal [Plaintiff's Motion to Amend the Pleadings Pursuant to FRCP 15(b)(2) (Attachments: # 1 Exhibit A)(Harper, Kurt) (Entered: 03/02/2018)
03/02/2018 112 MINUTE ORDER. The court conducted jury trial in this matter and the jury was charged on February 28, 2018. Deliberation began March 2, 2018, and the court orders that lunch be provided by the clerk to the jury members during their deliberation. Signed by deputy clerk on 3/2/2018. (sz) (Entered: 03/02/2018)
03/02/2018 113 MINUTE ENTRY for proceedings held before District Judge J. Thomas Marten: JURY TRIAL held and completed on 3/2/2018. Evidence entered. Plaintiff rests their case. 109 Motion to Amend Complaint is denied; 110 Motion for Judgment is granted in part and denied in part as stated on the record; Defendant presents their case and rests. Jury deliberates and returns verdict. Exhibits returned to attorneys at the conclusion of the case. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) (aa). (Entered: 03/02/2018)
03/02/2018 114 JURY VERDICT for Plaintiff and against Defendant in the amount of $26,000.(aa) (Additional attachment(s) added on 3/2/2018: # 1 Unredacted Jury Verdict) (aa). (Entered: 03/02/2018)
03/02/2018 115 JUDGMENT. Pursuant to the verdict,the jury finds for Plaintiff David Yinger, and assesses the Plaintiff damages in the sum of $26,000.00, plus post judgment interest at the rate of 2.05% per annum, along with costs. Signed by deputy clerk on 03/02/2018. (aa) (Entered: 03/02/2018)
03/05/2018 116 JURY INSTRUCTIONS.(sz) (Entered: 03/05/2018)
03/05/2018 117 DOCKET ANNOTATION: The Witness and Exhibit List has now been attached to the Jury Trial minute entry that is filed as docket entry 113 . It is also being attached to this entry for notification purposes. (aa) (Entered: 03/05/2018)
03/16/2018 118 MOTION for Attorney Fees by Plaintiff David Yinger (McGivern, Sean) (Entered: 03/16/2018)
03/21/2018 119 MOTION Award of Prejudgment Interest by Plaintiff David Yinger (Attachments: # 1 Exhibit A)(McGivern, Sean) (Entered: 03/21/2018)
03/30/2018 120 MOTION for Judgment as a Matter of Law and ( Response deadline 4/20/2018), MOTION for New Trial ( Response deadline 4/13/2018) by Defendant Postal Presort, Inc. (Harper, Kurt) (Entered: 03/30/2018)
03/30/2018 121 MEMORANDUM IN SUPPORT of 120 MOTION for Judgment as a Matter of Law and MOTION for New Trial by Defendant Postal Presort, Inc.(Harper, Kurt) (Entered: 03/30/2018)
03/30/2018 122 RESPONSE by Defendant Postal Presort, Inc. re 118 MOTION for Attorney Fees (Harper, Kurt) (Entered: 03/30/2018)
04/04/2018 123 RESPONSE by Defendant Postal Presort, Inc. re 119 MOTION Award of Prejudgment Interest (Harper, Kurt) (Entered: 04/04/2018)
04/13/2018 124 Unopposed MOTION for extension of time TO DEFER ADDITIONAL BRIEFING ON STATUTORY ATTORNEYS FEES UNTIL DISPOSITION OF DEFENDANTS MOTION FOR JUDGMENT AS A MATTER OF LAW AND/OR NEW TRIAL by Plaintiff David Yinger (McGivern, Sean) (Entered: 04/13/2018)
04/13/2018 125 RESPONSE by Plaintiff David Yinger re 120 MOTION for Judgment as a Matter of Law and MOTION for New Trial (McGivern, Sean) (Entered: 04/13/2018)
04/17/2018 126 ORDER granting 124 Motion for Extension of Time to File additional briefing on plaintiff's motion for statutory attorneys' fees. Plaintiff's supplement is due within 14 days after the Court has ruled on Defendant's motion for judgment as a matter of law and/or new trial. Signed by District Judge J. Thomas Marten on 04/17/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kd) (Entered: 04/17/2018)
04/18/2018 127 REPLY TO RESPONSE TO MOTION by Plaintiff David Yinger re: 119 MOTION Award of Prejudgment Interest (McGivern, Sean) (Entered: 04/18/2018)
04/25/2018 128 TRANSCRIPT of Instruction Conference held February 27, 2018 before Judge J. Thomas Marten, Court Reporter Jana McKinney, 316-315-4314, jana_mckinney@ksd.uscourts.gov. Transcript purchased by: Mr. Kurt Harper.

NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below.
Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 7/24/2018. (jlh) (Entered: 04/25/2018)
04/25/2018 129 PARTIAL TRANSCRIPT of Trial held February 28, 2018 before Judge J. Thomas Marten, Court Reporter Jana McKinney, 316-315-4314, jana_mckinney@ksd.uscourts.gov. Transcript purchased by: Mr. Kurt Harper.

NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below.
Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 7/24/2018. (jlh) (Entered: 04/25/2018)
04/27/2018 130 REPLY TO RESPONSE TO MOTION by Defendant Postal Presort, Inc. re: 120 MOTION for Judgment as a Matter of Law and MOTION for New Trial (Harper, Kurt) (Entered: 04/27/2018)
05/16/2018 131 MEMORANDUM AND ORDER granting 119 Motion for Prejudgment Interest ; denying 120 Motion for Judgment as a Matter of Law; denying 120 Motion for New Trial. Please see order for further details. Signed by District Judge J. Thomas Marten on 05/15/2018. (aa) (Entered: 05/16/2018)
05/22/2018 132 Second MOTION for extension of time to File Memorandum in Support of Plaintiff's Motion for Attorneys Fees by Plaintiff David Yinger (McGivern, Sean) (Entered: 05/22/2018)
05/24/2018 133 ORDER granting 132 unopposed Motion for Extension of Time to File Memorandum in Support of Plaintiff's Motion for Attorneys' Fees. Plaintiff shall file his memorandum by June 15, 2018. Signed by District Judge J. Thomas Marten on 05/24/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kd) (Entered: 05/24/2018)
05/29/2018 134 BILL OF COSTS by David Yinger. (McGivern, Sean) (Entered: 05/29/2018)
05/29/2018 135 MEMORANDUM IN SUPPORT of 134 Bill of Costs by David Yinger. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(McGivern, Sean) (Entered: 05/29/2018)

Outcome: JURY VERDICT for Plaintiff and against Defendant in the amount of $26,000.(aa) (Additional attachment(s) added on 3/2/2018: # 1 Unredacted Jury Verdict) (aa). (Entered: 03/02/2018)

Plaintiff's Experts:

Defendant's Experts:

Comments: