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Lloyd Mudie v. Dollar Tree Stores, Inc.

Date: 11-30-2018

Case Number: 1:18-cv-00301-JDL

Judge: Jon D. Levy

Court: United States District Court for the District of Maine (Penobscot County)

Plaintiff's Attorney:



Call 888-354-4529 if you need help finding a civil rights Americans With Disabilities Act violation theory under 42 U.S.C. 12101 lawyer in Bangor, Maine.





Defendant's Attorney: Eric J. Uhl

Description:




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Bangor, ME - Lloyd Mudie sued Dollar Tree Stores, Inc. on a civil rights Americans With Disabilities Act violation theory under 42 U.S.C. 12101 which provides in part:



(a) FindingsThe Congress finds that—

(1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;

(2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;

(3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;

(4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;

(5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;

(6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;

(7) the Nation’s proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and

(8) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.

(b) PurposeIt is the purpose of this chapter—

(1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;

(2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;

(3) to ensure that the Federal Government plays a central role in enforcing the standards established in this chapter on behalf of individuals with disabilities; and

(4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.



08/07/2018 1 COMPLAINT against DOLLAR TREE STORES INC with Jury Demand filed by LLOYD MUDIE. PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS. (Service of Process Deadline 11/5/2018) Fee due by 8/9/2018.(jwr) (Entered: 08/08/2018)

08/07/2018 2 CIVIL COVER SHEET. (jwr) (Entered: 08/08/2018)

08/08/2018 Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-1882052.), filed by LLOYD MUDIE.(BUTLER, LISA) (Entered: 08/08/2018)

08/15/2018 3 Summons Issued as to DOLLAR TREE STORES INC.



Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4.



Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting).



(bfa) (Entered: 08/15/2018)

09/04/2018 4 SUMMONS Returned Executed by LLOYD MUDIE. DOLLAR TREE STORES INC served on 8/28/2018. (BUTLER, LISA) (Entered: 09/04/2018)

09/04/2018 Set Answer Deadline for DOLLAR TREE STORES INC : Answer due by 9/18/2018. (akr) (Entered: 09/04/2018)

09/06/2018 5 Consent MOTION to Extend Time to File Answer re 1 Complaint, or Otherwise Respond to Plaintiff's Complaint by DOLLAR TREE STORES INC Responses due by 9/27/2018. (UHL, ERIC) (Entered: 09/06/2018)

09/10/2018 6 NOTICE of Hearing on Motion 5 Consent MOTION to Extend Time to File Answer re 1 Complaint or Otherwise Respond to Plaintiff's Complaint: Telephone Conference set for 9/11/2018 08:00 AM with MAGISTRATE JUDGE JOHN H. RICH III. Counsel shall coordinate the call and contact chambers once both sides are on the line. (nrg) (Entered: 09/10/2018)

09/11/2018 7 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Hearing held on 9/11/2018 re: ECF No. 5; docket order to follow. (Court Reporter: FTR) (RICH III, JOHN) (Entered: 09/11/2018)

09/11/2018 8 ORDER granting without objection 5 Motion for Extension of Time to Answer. Following a brief telephonic hearing held at my request with Attorneys Butler and Uhl for the plaintiff and defendant respectively, the defendant's deadline to respond to the plaintiff's complaint is extended to November 16, 2018. Absent extraordinary circumstances, the parties shall complete their private, anticipated alternative dispute resolution by the new November 16, 2018, deadline. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 09/11/2018)

09/11/2018 Reset Answer Deadline for DOLLAR TREE STORES INC per Order No. 8: Answer due by 11/16/2018. (lrc) (Entered: 09/11/2018)

09/25/2018 Set Deadlines : Per Local Rule 7.1 Notice of Interested Parties or Corporate Disclosure Statement due by 10/2/2018 as to DOLLAR TREE STORES INC. (akr) (Entered: 09/25/2018)

10/01/2018 9 CORPORATE DISCLOSURE STATEMENT by DOLLAR TREE STORES INC. (UHL, ERIC) (Entered: 10/01/2018)

Outcome:
10/30/2018 10 NOTICE of Settlement by Attorney Butler and PROCEDURAL ORDER RE: SETTLEMENT: Counsel having advised the Court on 10/30/2018 that settlement has been effected by mutual agreement of the parties herein, it is hereby ORDERED that counsel shall complete the settlement of this matter within thirty (30) days of this date and cause to be filed a stipulation of dismissal of this matter with prejudice and without costs, failing which, the case will be dismissed pursuant to Local Rule 41.1(a). Stipulation of Dismissal due by 11/29/2018. By DEPUTY CLERK: Amy Rydzewski(akr) (Entered: 10/30/2018)

11/30/2018 11 ORDER OF DISMISSAL By DEPUTY CLERK: Amy Rydzewski (akr) (Entered: 11/30/2018)
Plaintiff's Experts:
Defendant's Experts:
Comments:

About This Case

What was the outcome of Lloyd Mudie v. Dollar Tree Stores, Inc.?

The outcome was: 10/30/2018 10 NOTICE of Settlement by Attorney Butler and PROCEDURAL ORDER RE: SETTLEMENT: Counsel having advised the Court on 10/30/2018 that settlement has been effected by mutual agreement of the parties herein, it is hereby ORDERED that counsel shall complete the settlement of this matter within thirty (30) days of this date and cause to be filed a stipulation of dismissal of this matter with prejudice and without costs, failing which, the case will be dismissed pursuant to Local Rule 41.1(a). Stipulation of Dismissal due by 11/29/2018. By DEPUTY CLERK: Amy Rydzewski(akr) (Entered: 10/30/2018) 11/30/2018 11 ORDER OF DISMISSAL By DEPUTY CLERK: Amy Rydzewski (akr) (Entered: 11/30/2018)

Which court heard Lloyd Mudie v. Dollar Tree Stores, Inc.?

This case was heard in United States District Court for the District of Maine (Penobscot County), ME. The presiding judge was Jon D. Levy.

Who were the attorneys in Lloyd Mudie v. Dollar Tree Stores, Inc.?

Plaintiff's attorney: Call 888-354-4529 if you need help finding a civil rights Americans With Disabilities Act violation theory under 42 U.S.C. 12101 lawyer in Bangor, Maine.. Defendant's attorney: Eric J. Uhl.

When was Lloyd Mudie v. Dollar Tree Stores, Inc. decided?

This case was decided on November 30, 2018.