Franklin v. FedEx Ground Package System, Inc. et al

New York Southern District Court
Judge:Analisa Torres
Case #: 1:21-cv-02204
Nature of Suit440 Civil Rights - Other Civil Rights
Cause28:1332 Diversity Action
Case Filed:Mar 12, 2021
Terminated:Oct 14, 2021
Last checked: Wednesday Sep 08, 2021 4:59 AM EDT
Defendant
FedEx Ground Package System, Inc.
Represented By
Amanda Blair
Fisher & Phillips LLP
contact info
Melissa Jill Camire
Fisher & Phillips, LLP
contact info
Plaintiff
Henry Franklin
Represented By
Rony Guldmann
Lee Litigation Group, PLLC
contact info
C.K. Lee
Lee Litigation Group, PLLC
contact info
TERMINATED PARTIES
Defendant
FedEx Corporation
Terminated: 03/23/2021


Docket last updated: 11/22/2024 11:59 PM EST
Thursday, October 14, 2021
27 27 misc Stipulation of Voluntary Dismissal Thu 10/14 2:59 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) FedEx Ground Package System, Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Henry Franklin. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Lee, C.K.)
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Wednesday, July 28, 2021
26 26 1 pgs order Order on Motion to Stay Wed 07/28 3:25 PM
ORDER denying25 Letter Motion to Stay re:25 JOINT LETTER MOTION to Stay Pending Mediation addressed to Judge Analisa Torres from C.K. Lee dated July 28, 2021. DENIED. SO ORDERED. (Signed by Judge Analisa Torres on 7/28/2021) (vfr)
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25 25 motion Stay Wed 07/28 10:59 AM
JOINT LETTER MOTION to Stay Pending Mediation addressed to Judge Analisa Torres from C.K. Lee dated July 28, 2021. Document filed by Henry Franklin..(Lee, C.K.)
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Tuesday, July 13, 2021
24 24 order Protective Order Tue 07/13 3:52 PM
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Analisa Torres on 7/13/2021) (kv)
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Monday, July 12, 2021
23 23 misc Proposed Stipulation and Order Mon 07/12 2:40 PM
PROPOSED STIPULATION AND ORDER. Document filed by FedEx Ground Package System, Inc...(Camire, Melissa)
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Tuesday, June 01, 2021
22 22 answer Answer to Complaint Tue 06/01 12:15 PM
ANSWER to1 Complaint. Document filed by FedEx Ground Package System, Inc...(Camire, Melissa)
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21 21 misc Rule 7.1 Corporate Disclosure Statement Tue 06/01 12:12 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Fedex Corp. for FedEx Ground Package System, Inc.. Document filed by FedEx Ground Package System, Inc...(Camire, Melissa)
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20 20 notice Notice of Appearance Tue 06/01 12:04 PM
NOTICE OF APPEARANCE by Amanda Blair on behalf of FedEx Ground Package System, Inc...(Blair, Amanda)
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Wednesday, May 19, 2021
19 19 order Case Management Plan Wed 05/19 4:22 PM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 5 days. By October 15, 2021, the parties shall file a joint letter indicating their proposed method and timing of an alternative dispute resolution mechanism. SO ORDERED. Deposition due by 11/15/2021. Fact Discovery due by 11/15/2021. Expert Discovery due by 12/30/2021. Case Management Conference set for 12/2/2021 at 10:20 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 5/19/2021) (vfr)
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minutes Pretrial Conference - Initial Wed 05/19 11:17 AM
Minute Entry for proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 5/19/2021. (ap)
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Tuesday, May 18, 2021
18 18 notice Notice of Appearance Tue 05/18 3:38 PM
NOTICE OF APPEARANCE by Rony Guldmann on behalf of Henry Franklin..(Guldmann, Rony)
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17 17 1 pgs order Order ~Util - Set Hearings Tue 05/18 2:35 PM
ORDER: The initial pretrial conference scheduled for May 19, 2021, at 11:20 a.m. is RESCHEDULED to May 19, 2021, at 10:00 a.m. SO ORDERED. ( Initial Conference set for 5/19/2021 at 10:00 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 5/18/2021) (vfr)
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Wednesday, May 12, 2021
16 16 misc Letter Wed 05/12 1:07 PM
JOINT LETTER addressed to Judge Analisa Torres from C.K. Lee dated May 12, 2021 re: Proposed Civil Case Management Plan and Scheduling Order. Document filed by Henry Franklin..(Lee, C.K.)
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Att: 1 Proposed Case Management Plan
Wednesday, May 05, 2021
15 15 1 pgs order Order on Motion for Extension of Time to Answer Wed 05/05 3:31 PM
ORDER granting14 Letter Motion for Extension of Time to Answer re14 LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Melissa J. Camire dated May 4, 2021.,1 Complaint. GRANTED. By June 1, 2021, Defendant shall answer or otherwise respond to the complaint. SO ORDERED. FedEx Ground Package System, Inc. answer due 6/1/2021. (Signed by Judge Analisa Torres on 5/5/2021) (kv)
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Tuesday, May 04, 2021
14 14 motion Extension of Time to File Answer Tue 05/04 4:19 PM
LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Melissa J. Camire dated May 4, 2021. Document filed by FedEx Ground Package System, Inc...(Camire, Melissa)
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13 13 notice Notice of Appearance Tue 05/04 4:14 PM
NOTICE OF APPEARANCE by Melissa Jill Camire on behalf of FedEx Ground Package System, Inc...(Camire, Melissa)
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Tuesday, March 23, 2021
12 12 2 pgs order Order for Initial Pretrial Conference Tue 03/23 3:37 PM
INITIAL PRETRIAL CONFERENCE ORDER: Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 11:20 a.m. on May 19, 2021, to be held telephonically. The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code 5598827. Principal trial counsel must appear at this and all subsequent conferences. Initial Conference set for 5/19/2021 at 11:20 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 3/23/2021) (kv)
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11 11 3 pgs order Order Tue 03/23 3:35 PM
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 3/23/2021) (kv)
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10 10 1 pgs order Order Tue 03/23 3:23 PM
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 3/23/2021) (kv)
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9 9 order Notice of Voluntary Dismissal - Signed ~Util - Add and Terminate Parties Tue 03/23 3:17 PM
NOTICE OF DISMISSAL PURSUANT TO FRCP 41(a)(1)(A)(i): PLEASE TAKE NOTICE that, pursuant to Federal Rule of Civil Procedure 41 (a)(l )(A)(i), Defendant FEDEX CORPORATION is hereby dismissed from this action, without prejudice and without costs or attorneys' fees to any party. For the avoidance of doubt, Plaintiff HENRY FRANKLIN maintains his claims in this action as against Defendant FEDEX GROUND PACKAGE SYSTEM, INC. GRANTED. SO ORDERED. FedEx Corporation terminated. (Signed by Judge Analisa Torres on 3/23/2021) (kv)
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Friday, March 19, 2021
8 8 service Waiver of Service Executed Fri 03/19 4:43 PM
WAIVER OF SERVICE RETURNED EXECUTED. FedEx Ground Package System, Inc. waiver sent on 3/19/2021, answer due 5/18/2021. Document filed by Henry Franklin..(Lee, C.K.)
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7 7 notice Notice of Voluntary Dismissal Fri 03/19 1:50 PM
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) FedEx Corporation. Document filed by Henry Franklin. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Lee, C.K.)
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misc Notice to Court Regarding Voluntary Dismissal Fri 03/19 2:04 PM
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 7 Notice of Voluntary Dismissal, was reviewed and referred to Judge Analisa Torres for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp)
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Monday, March 15, 2021
6 6 service Summons Issued Mon 03/15 11:32 AM
ELECTRONIC SUMMONS ISSUED as to FedEx Corporation. (sj)
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5 5 service Summons Issued Mon 03/15 11:29 AM
ELECTRONIC SUMMONS ISSUED as to FedEx Ground Package System, Inc.. (sj)
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misc Notice to Attorney Regarding Party Modification Mon 03/15 11:20 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney C.K. Lee. The party information for the following party/parties has been modified: Henry Franklin. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj)
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notice Case Opening Initial Assignment Notice Mon 03/15 11:25 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(sj)
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utility Case Designation Mon 03/15 11:26 AM
Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (sj)
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utility Case Designated ECF Mon 03/15 11:27 AM
Case Designated ECF. (sj)
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Friday, March 12, 2021
4 4 service Request for Issuance of Summons Fri 03/12 6:26 PM
REQUEST FOR ISSUANCE OF SUMMONS as to FedEx Corporation, re:1 Complaint. Document filed by Henry Franklin..(Lee, C.K.)
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3 3 service Request for Issuance of Summons Fri 03/12 6:25 PM
REQUEST FOR ISSUANCE OF SUMMONS as to FedEx Ground Package System, Inc., re:1 Complaint. Document filed by Henry Franklin..(Lee, C.K.)
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2 2 misc Civil Cover Sheet Fri 03/12 6:23 PM
CIVIL COVER SHEET filed..(Lee, C.K.)
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1 1 cmp Complaint Fri 03/12 6:22 PM
COMPLAINT against FedEx Corporation, FedEx Ground Package System, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24246514)Document filed by Henry Franklin..(Lee, C.K.)
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Att: 1 Exhibit A